Any housewife, having purchased a new washing machine, hopes that a reliable “helper” has appeared in her house. And what a disappointment it can be when a new acquisition suddenly breaks down. Most women immediately begin to panic because they do not know what to do in this situation.
Some people immediately run to the store in the hope of returning the damaged goods. But if the warranty period has not yet expired, you can solve the problem by sending the machine for warranty repair. We will tell you how to act correctly in the event of a breakdown in our article.
Legislation
Articles 454–505 of the Civil Code establish the general provisions of purchase and sale, including the rules on guarantees. They coincide with the provisions of the PZPP.
The consumer protection law regulates the guarantee in:
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- Art. 5 – deadlines and concepts have been established;
- Art. 18 – list of possible requirements during the warranty period;
- Art. 19, 20 – calculus.
What is given for?
The possibility of a warranty for household appliances is established by law and contains a number of features.
IMPORTANT: almost all equipment is a technically complex product to which special requirements apply. The list was approved by Government Decree No. 924 of 2011.
As a general rule, claims cannot be made for such equipment after 15 days from the date of purchase. But the inability to use the item within 30 days of the warranty period is the basis for filing a quality claim after the expiration of 15 days.
It is typical for equipment that the warranty is established both for the main product and its components. Although the calculation procedure is the same, its duration may differ:
- The contract for individual parts can be set less than for the main part.
- It is possible to establish a longer period for component products.
IMPORTANT: the manufacturer or seller may establish an additional obligation in which it fulfills the requirements also after the expiration of the warranty.
What is the legal warranty period for household appliances?
It is always calculated in days, months, years. There are no uniform rules in the normative act. Therefore, each seller and manufacturer sets its own warranty period for household appliances.
The PLA is established: in the absence of this period, the seller is responsible for defects in the product if the buyer proves their occurrence (or the reason for their occurrence) before the transfer of the item.
The time interval for filing a claim is a reasonable period (no more than 2 years) from the date of receipt of the product by the buyer. The agreement between the consumer and the seller may establish a different duration, but not less than 2 years.
The law establishes that the duration of the warranty and other data must be contained in the product information. The absence of such information during the warranty period is a violation.
It is necessary to correctly calculate the start period of the warranty:
- The general rule is from the time the buyer receives the item of sale.
- From the moment of manufacture, if the transfer cannot be determined.
- From the delivery date for remote purchase.
- From the moment of start of operation, if installation, connection, assembly was required.
It should be remembered that the warranty period is extended when the equipment is returned for repair by the number of days during which the product was not used. When repairing components or components, the warranty is renewed starting from the beginning.
When does it work?
First, let's find out in what cases you can make a claim to the manufacturer. Warranty repairs are not available for any damage to the machine. Regardless of the brand of the washing machine, damage caused by manufacturing defects is covered by the warranty. Thus, the user can safely demand free service at a service center or replacement of the machine if it does not wring things out well enough, does not wash clothes well, makes a lot of noise, does not completely wash out the powder from the dispenser, etc.
Having received a request for warranty service, the service department will definitely test the washing machine to make sure there is a manufacturing defect.
If the automatic machine breaks down as a result of incorrect user actions, for example, improper transportation, overloading the drum, failure to comply with the instructions, etc., then the damage will be considered a non-warranty event. In such a situation, you will have to pay for repairs out of your own pocket.
The duration of the warranty differs between different SMA brands. For example, the period of after-sales service when purchasing LG or Samsung machines is 3 years, Bosch - up to two years. Basically, such large manufacturers provide a guarantee specifically for the main components of the washing machine: the electric motor and the control module. As practice shows, it is in these areas that manufacturing defects are most often recorded.
How to use the guarantee
To exercise this right, the consumer must contact the seller. Usually, they first contact you orally, and if there is no response, use a complaint.
It is submitted in writing to the seller. You can send it by mail (registered mail with return receipt requested) or deliver it in person.
The complaint states:
- Name, address of the organization (seller).
- Full name, address, buyer contacts.
- Information about the date and place of conclusion of the contract.
- Information about the purchased equipment (its name, article number, number, brand, price, etc.).
- Detected defect (its location, conditions, time of occurrence, probable cause).
- Consumer requirement.
- Date of filing the claim.
- Signature.
In his claim, the buyer may want:
- product replacement;
- reducing the purchase price;
- free repairs;
- reimbursement of repair costs by the consumer or a third party.
The following must be attached to the application:
- check, receipt, other document certifying the fact of purchase;
- results of the examination (if it was carried out);
- a copy of the contract;
- a copy of the warranty card.
When making claims in a store, the seller inspects the product for defects, a procedure that can be called quality control. To identify defects, the organization can send the equipment to a specialized service center, where it will be thoroughly examined and, if a defect is detected, it will be repaired or declared impossible to repair.
If the broken device is replaced with another product, the warranty period begins again.
Non-warranty cases under the law:
- Violation of rules:
- use;
- storage;
- transportation.
- Acts of third parties.
- Force majeure (fire, hurricane, flood).
When submitting technical devices for repair, you must fill out a special form issued by the store or service center. It states:
- Full name, address, consumer contacts.
- Product data (article, number, etc.).
- Information about the existing defect (as detailed as possible).
- Warranty card.
In what cases is warranty service terminated?
Employees of service centers may refuse free repairs:
- mechanical damage occurred after the seller transferred the goods to the buyer;
- damage occurred as a result of force majeure: force majeure, intentional actions of third parties or the owner, accident, etc.;
- when using household appliances for production purposes;
- if the instructions for installing and using the product are violated;
- if the malfunction occurred due to a change in design or connection to external devices not recommended for use by the manufacturer;
- in case of violation of operating standards, leading to natural wear of parts;
- the malfunction occurred due to oxidation, corrosion, or other external influences, for example, when water or coffee got on the keyboard;
- when the device is infected with viruses or drives are illegally formatted;
- when installing new software versions to improve production efficiency.
Reference! Pay special attention to the requirements for certified installation of certain types of Samsung products specified in the installation and operating instructions.
For example, an air conditioner has the right to be installed by a specialist who has a license for this type of work. The corresponding note is made in the warranty card.
The following are not subject to warranty service:
- software;
- cartridges, other consumables;
- batteries and lamps;
- removable devices for storing information: cards, flash drives, disks;
- goods included with the product: tools, cords, cases, remote controls.
What to do if your washing machine breaks down
When a washing machine under a valid warranty breaks down, you need to contact the seller. If the warranty period has not expired, then he is obliged to find and eliminate the defect. To find out how long this period is, you need to refer to the warranty card. Upon delivery, it is placed in a box with other documents.
When contacting the seller, you need to submit a request for repair of the machine. It is processed in the same way as a claim.
When connecting independently
If the installation of the washing machine at the place of delivery was not carried out by a specialist, then several defects are possible caused by incorrect installation:
- incorrect connection to the water supply;
- problems in the power supply (broken socket, insufficient power).
Therefore, you need to install the washing machine together with a specialist. If, during self-connection, the unit breaks due to consumer actions, then repairs under warranty are possible, but only at your own expense.
IMPORTANT: the seller must prove the buyer’s fault for the breakdown.
Claim to return equipment to the store
claims to the store for the return of the washing machine for free in word format
In order to return this item, send a claim to the seller.
Remember! It should contain the following information:
- the name of both the sender and the recipient;
- information about the purchase: date, place, price of the goods, information from the receipt;
- what is the fact of violation of your consumer rights (which is expressed, for example, in the breakdown of a washing machine);
- your requirements.
Important! The claim must be made in duplicate. One of the copies is marked by a store employee confirming acceptance of the claim. Keep this copy for yourself.
If the store does not satisfy your demands voluntarily, then after filing a corresponding claim, go to court, after consulting with a competent lawyer.
It should be noted that in the vast majority of cases the court supports the consumer’s side, so the chances of the claim being satisfied are high.
ATTENTION! Look at the completed sample complaint to the store for the return of the washing machine:
Arbitrage practice
Decision in case No. 2-188/2018 (Tver region). The consumer purchased a refrigerator, but during operation it stopped working. During the dispute, the buyer made mistakes: he filed a claim after the warranty period had expired; filed his claim not against the central organization, but against a branch that is not a representative.
Therefore, the court partially satisfied the buyer's demands.
Decision in case No. 2-130/2012 (Rostov region). The consumer purchased a refrigerator and went to court, insisting on replacing it, because... thought it was counterfeit. Due to errors, the court refused to satisfy the claims:
- The citizen did not prove that the item purchased was counterfeit.
- The buyer considered that the seller was obliged to install a special socket when installing the refrigerator.
- The loaders' refusal to connect the refrigerator was interpreted as confirmation of the non-working condition of the equipment.
Dear readers! To solve your problem right now, get a free consultation
— contact the lawyer on duty in the online chat on the right or call: +7 (499) 938 6124 — Moscow and region.
+7 (812) 425 6761 — St. Petersburg and region. 8 (800) 350 8362 - Other regions of the Russian Federation You will not need to waste your time and nerves - an experienced lawyer will solve all your problems! Or describe the situation in the form below:
