Then the official needs. Does then (warranty maintenance) of a new car at the dealer or not? Advantages of buying a new car from informal dealers

Hello, dear blog readers website. In continuing the topic of choosing the place of purchase of a car, I suggest you in more detail to consider ways to buy a car in a completely new state, that is, without a run. Question, where can one buy new carmobile It may seem elementary, but here everything is not so simple, because there is at least two answers to the question where to buy a new car: official and unofficial dealer.

Distinguish "NeoFords" from official dealers is not always easy, but to do it needless, Moreover, before you choose the car. Determine whether the auto show is the official dealer is necessary in order to minimize the likelihood of an unsuccessful purchase, but the fact that the car dealership is the official dealer, does not yet give any guarantees. Therefore, before attributing your money to the seller, hover about it on the Internet, examine the reviews about it, find out how honestly he fulfills his promises.
So, new car You can buy only in the car dealership. But car dealers are different, some of them have status official dealer , others - no. What is the difference between them, what dealer is better to buy a car and why? Let's look at both options, their advantages and disadvantages.

Buying a new car from the official dealer

Motor showing status official dealer, have contractual relations with the manufacturer and cooperate with him as partner. The automaker not only supplies car dealer, but also compensates for the subsequent costs of their warranty repairs.

In addition, the manufacturer provides official dealers of their main source of income - the right to carry out the maintenance of cars of this brand, which allows you to maintain a guarantee. Every buyer of a new car should know that warranty on the car persists only under the condition of timely conduct maintenance On authorized hundred this auto-producer. Such, "official" service, as is well known two or three times more expensivethan in unofficial service, but these are the conditions for the guarantee.

It is quite difficult to get the status of the official dealer, for this, the auto show should satisfy a number of requirements that automakers put forward to applicants. The official dealer necessarily has at its disposal maintenance Station (STR), where buyers can carry out the maintenance of their cars. Specialists maintenance stations periodically pass learning and certificationThus, the manufacturer is trying to maintain the quality of services provided by the official dealer at the level.

Preservation manufacturer's warranty is an important advantage buy new cars official dealers. Using the support of the manufacturer's plant, the official dealer, can be replaced with almost any node for the consumer for the consumer, in principle even the replacement of the entire car, although in our country, it is very difficult to achieve this. As a response, "non-reprehension" provide their customers with their own guarantee, which is naturally not as effective as the factory and often ends when there is a need for expensive repairs.

To check Whether the auto show is the official dealer, it is enough to open the dealer search section on the official website of the brand. When specifying the city you are interested in, you will receive a list of dealers presented there. If your chosen car dealership is not on this list, it means that it is not an official dealer. Representing consumers a list of their official dealers, the auto-producer tells them where reliable acquire its products where they can buy and maintain the car with preservation guarantee manufacturer.

Buying a new car official dealer - this is undoubtedly the most expensive From options, where to buy a new carHowever, the high price does not guarantee anything yet. It is believed that people who do not know how to buy a car, it is better to purchase exactly new carAnd exactly from the official dealer. Indeed, when buying a new car from an official dealer, the risk of acquiring a problem car is less than with any other way of buying, but it is still there.

Auto-dealers in our country do not want to sell with a discount damaged during the transportation of the machine, so they are carefully masked and implemented under the guise of absolutely new. Unfortunately, even a new car, even the official dealer bought in the auto show may not be so new, for example, the machine can be slightly scratched during transportation, and then dyedly repainted, and can be restored after a real fall from auto-war.

Do not doubt, auto-dealers will definitely restore these absolutely new cars and sell anything non-treatment buyers.

The main argument in favor of buying new car exactly from the official dealer is high reliability Transactions, especially if the car is in stock, and you do not have to wait for it. You will exactly be the first owner, or the second, but immediately after the dealer, the car, most likely, will be made exactly on time, if there is a delay, then you need to ask to make a discount.

Nevertheless, even among the "officials", unrelated dealers sometimes meet. Therefore, it is impossible to fully trust the sellers, first of all it is necessary to rely on the reputation of the car dealership, reviews about it from consumers, the opinion of your friends. Carefully examine the reviews on the Internet before you attribute your money to the selected auto dealer. Find out how to buy a new car in the car dealership and then go to choose the car.

The advantages of buying a new car from official dealers:

• The highest reliability of the transaction
• Manufacturer's warranty

Buying a new car at the unofficial dealer

Unofficial dealers Typically perform function intermediary. They take machines from official dealers and resell them with their markup, and as a result, the price may differ from the prices of the official dealer, both in the greater and in a smaller side. At the same time, practice shows that it is almost impossible to achieve the "nonophyalty", in the case of a detected marriage, it is almost impossible and this is the main disadvantage of informal dealers.

Another focus of the activities of "NeoFords" is delivery of cars from abroad. A new car is bought on a private person, and deliver to the Russian Federation, where it is sold with a small markup. Thus, you can, without leaving the country to buy a new car of that brand and model, which is not officially supplied here or has a too high price on the official market for new cars.

In addition, buying a new car unofficial dealer - It's good alternative independent purchase Machines abroad (about it below). You do not have to go to an unfamiliar country, study the language, understand all the intricacies of the delivery of the car in the Russian Federation. Enough to trust all this professionals who know everything about how to buy a car abroad and deliver it to you.

Great popularity in Russia enjoy cars from USAbecause it is for the United States that the auto-manufacturers produce the most comfortable and most powerful carsAnd many models are made at all exclusively for the market of this country.

You can order a model intended for the American market by contacting, for example, in AUTO Premium Group. Cars In stock You can view on the dealer site on the Avto.ru website

Some auto-manufacturers provide a worldwide guarantee on their products, but in our country to achieve its action is problematic. Can be said for cars unofficially imported into the country, guarantee The manufacturer does not work in practice.

Trying to compensate for this disadvantage, some unofficial dealers provide own warranty on the carwhich, unfortunately, cannot be fully replaced by the factory. The official dealer, in the event of a breakdown on the new car engine or automatic transmission, can replace even such an expensive node entirely, because expenses takes on the manufacturer's factory, and the informal dealer such costs are hardly pocket. Therefore, do not count too much on the guarantee of the unofficial dealer.

It is when buying from an unofficial dealer, cases fraud Meet most often. In principle, such a car dealership may simply disappear, making money buyers. Sometimes, out phone call such a dealer can find out that necessary car Available in stock, and even at an attractive price. Arriving in the car dealership, it can be found that there is only a complete set of 15-20% more expensive, and the price is shown without VAT (read the contract carefully)

Why do buyers continue to choose informal dealers? First of all because of its ignorance. The fact that the dealer is not official, it turns out only when the buyer receives refusal B. warranty repair But check in advance whether the dealer is official - it is so simple. It is enough to go to the manufacturer's website, where there is a list of official dealers, and find out which dealers in your region are official.

On the other hand, some models in our country are not officially supplied or shipped, but have a much higher price than abroad. In this case, if you want to acquire exactly such a car in a new state, an unofficial dealer may be the best option.

Advantages of buying a new car from informal dealers:

• Prices are lower than official dealers
• The ability to order a model and a complete set of inaccessible in the official market

Disadvantages:

• Lack of official manufacturer's guarantee
• Big risk of fraud

Additional options where you can buy a new car

But what to do if there are no suitable dealers? Our country is large, people live almost everywhere, and the population density is different everywhere. Meanwhile, it is from the density and on the level of income of the population, the latitude of the spectrum of automotive brands offered by official dealers in each region is depends on. Maybe it turns out that dealers chosen automotive brand In your region will not be. Then, to buy a car you will have to take advantage of one of additional options Answer to the question where to buy a new car:

• In another city
• Abroad

Buying a new car in another city It is common practice. New cars are bought in another region if the local dealer is simply no, or there is, but his work leaves much to be desired. Official dealers of the most prestigious brands can be found only in the largest cities of the country, so if you need a car, allowing few, then in any case you have to go to one of the metropolis.

It should be borne in mind that if you live far from cities in which there are official dealers of your chosen brand, then such a purchase will create you immediately two inconveniences:

• FirstlyWhen buying will have to do a considerable path to the car dealership, and then overtake or even transport the car to its permanent deployment
• SecondlyTo save the warranty, you will have to, with each plan, to make a voyage to an authorized service center of the official dealer. Will it be convenient - you have to solve yourself

Many gray dealers call buyers tempting low prices. Naive buyer, without looking signed by the contract, and then it turns out that it has tricks. The voiced price may be excluded without VAT, and in case of termination of the contract, the buyer must pay a penalty in the amount of $ 1,000 or 30% of the cost of the car, which, of course, is a margin of small font. To avoid such expensive errors, dear readers, the contract is still not just read, but also to understand every offer in it, and if it is written "too difficult,", to check more experienced relatives, acquaintances or contact the lawyer.

Concerning shopping a new car abroadThis option is very good, and first of all because in developed countries it is not accepted so cruelly deceiving the buyer, as is done with us. Moreover, all this is legally regulated, such actions are qualified as fraud and entail an inevitable sentence, which is why many prefer to buy and serve their cars only abroad.

Unfortunately, such an opportunity is far from every Russian motorist, but among residents of regions bordering European countries, such a practice is very common. If you fall into the number of lucky who have the opportunity to buy and maintain a car abroad, be sure to use it, and you are unlikely to regret because:

• FirstlyAbroad, you are unlikely to sell under the guise of a new broken car
• Secondly, You can, on the path that has passed, there to also carry out maintenance and warranty repair of your car

Mentioned above unofficial dealers Do not refuse to deliver the model you have chosen from the desired country. At the same time, you will be completely delighted by all the difficulties accompanying the purchase of a car abroad, but do not forget: entering into an agreement with an informal dealer, you risks in a difficult situation to be one to one with him. Therefore, before you sign, carefully read the terms of the contract and customer reviews. Trust, but check - this universal motto is not suitable for the situation of buying a car.

Buying a new car abroad In any case, it has one undeniable advantage: the car will definitely be a foreign assembly, and all the details will be produced abroad. The quality of the production of cars in our country, though changed for the better, but, unfortunately, is still inferior to foreign.

Let's summarize: where is it better to buy a new car?

So whom to choose: official dealer or unofficial?

• Try to buy cars official dealer, but before that, be sure to check to

Often the owners of new cars are wondering - whether I need (if I need), go through the maintenance (maintenance), mean warranty, from an authorized dealer? And what will happen if I refuse? After all, everyone thinks how to "rob" me and with an interval of 10 - 15,000 km to lure out of me "exorbitant" money! Better I myself will buy oil (what manufacturer has been prescribed), filter (oil, air, cabin, etc.) and replace yourself, by two times cheaper (or even three). But what if breaking something on the car? The question is not at all unequivocal here, we will understand. As usual will be a video version at the end, so we read look ...

Actually, what kind of thing now on the Internet there are a bunch of articles that say - that even if you yourself will go through something (let's say at home in your garage) and refuse the warranty pass from the certified dealer (after all, the price tag on work and materials is sometimes 2-3 times), if the machine fails (it breaks it to be broken -Lo), the manufacturer will still be I must eliminate malfunction ! And if he refuses, then everything is running to court and defend justice. But it really is in fact and what "Federal Law on Consumer Rights Protection" says (abbreviated FZPP), the manufacturers and dealers themselves. Today we will understand in detail (so that it does not painfully hurt).

I have two demonstration examples and both of them defend one and the opposite point of view:

• When on the car, which passed only the first one (15,000 km) and for 47000km she broke steering Reika and the generator bearing (although the second (by 30000) and the third on (45000km) were not passed) - she was replaced by warranty these aggregates !
• Second case. When on the car, which passed about 69,000 km (the interval was 10000km, only the first were, the rest did not do), the automatic transmission ordered a long time to live - warranty was denied !

So where is the truth? We will analyze every example thoroughly. The article will be big, but useful. So stammering tea and forth

Warranty replacement - the case of the first

Now there is a bunch of examples on the Internet - when something changed by car, even on that, on which they did not pass on the dealer (usually they do the first, and then score and change everything in the garage)

Let me remind you - we will discuss the steering rake and the generator bearing. Which failed at 47,000 km (but 2 and 3, then the official dealer was not produced). However, everyone was replaced by warranty

There is foundations in this, usually refer to several articles in the FSozPP law. To begin with, read:

P.6.8 Art. 5 FSozPP The manufacturer (performer) has the right to install on the goods (work) The warranty period - the period during which in the case of detection in the product (work) lack of manufacturer (executor), the Seller, an authorized organization or an authorized individual entrepreneur, the importer must meet the consumer requirements established by articles 18 and 29 of this Law.

We need to look at your warranty, for many it goes - 2 years, on the Japanese-Russian-3 years (also limit the mileage of 100,000 km), and for many Korean-5 years (150,000 km).

You need to remember:

Warranty period is the period While detected in the car disadvantaged manufacturer, the seller, an authorized organization or an authorized individual entrepreneur, the importer must satisfy the requirements of the consumer established in the FSZPP

Warranty up to 100-150000km. Contrary to the above law, since the warranty period is the period, and the period is a period of time. Accordingly, time cannot be measured by kilometers.

P.6 Article 18 of the FSozPP (and paragraph 2 of Article 476 of the Civil Code Russian Federation) In relation to the goods on which the warranty period is established, the seller (manufacturer), an authorized organization or an authorized individual entrepreneur, the importer is responsible for the disadvantages of goods, storing or transporting goods, actions of third parties or force majeure.

To refuse a warranty repair of a car in case of late passage, the car dealership must prove the causal relationship between untimely passage, the way out of order . Proved expertise. Only the very fact of untimely passage is not the basis for refusing warranty repair.

That is, if there is a guarantee up to 100,000 km, but you did not pass. Then the dealer (manufacturer) needs to prove that the broken rack and the generator bearing of 47,000 km - it was broken precisely because you did not pass by the dealer, to conduct an examination

Clause 1 of Article 18 of the FSZPP The terms of the contract infringe upon the rights of the consumer compared with the rules established by laws or other legal acts of the Russian Federation in the field of consumer protection are invalid.

Thus, if the point of contract or warranty book is contrary to the current legislation on the protection of consumer rights and infringes the client's right, it is recognized as invalid, regardless of the presence of a consumer signature.

Conditions (who are trying to impose a dealer, manufacturer), contrary to the law, are invalid!

Clause 2 of Article 16 of the FSozPP It is prohibited to determine the acquisition of some goods (works, services) with the obligatory acquisition of other goods (works, services). Losses caused to consumers as a result of a violation of his right to free choice of goods (works, services) are reimbursed by the Seller (performer) in full.

It is prohibited to determine the satisfaction of consumers imposed on the warranty period, the conditions that are not related to the disadvantages of goods (works, services).

Simple words, no one really can limit me in the right of choice! And even more so monopolizing venues technical inspection! The manufacturer's guarantee (seller) is noted dependent on the conditions that are not related to the disadvantages of the goods. Moreover, in accordance with Article 209 of the Civil Code of the Russian Federation, the right of owner is violated at its discretion, to use and dispose of property belonging to it. I am deprived of the opportunity to pass maintenance elsewhere in your own selection and at lower prices. What for many it is categorically important!

Such behavior of dealers and sellers (manufacturers) contains signs of the composition of the administrative offense provided for part 2 of Art. 14.8 of the Code of the Russian Federation on administrative offenses : inclusion in the agreement the conditions inferior established by law consumer rights that entails an administrative imposition on legal entities - From ten thousand to twenty thousand rubles.

Very many letters, but if you summarize with simple words. It turns out that:

• The manufacturer gives a warranty on the product, in this case it is a car.
• The dealer can not you (just like this) refuse warranty repair, even if you did not pass then they have
• If the dealer refuses you, he must have good reasons for this, such as expertise, proving that he is right
• If there is no good reason for the refusal, it means that the dealer must repair a part of the car, which failed. Even if you have not passed then!

It seems everything is wonderful and can use it. But as practice shows, such judicial practices took place in 2010-2012. But now dealers and manufacturers have become much smarter.

Case Second - Refusal of Warranty

"For every force of action - there is a strength of opposition" is the law of physics. Of course, dealers and manufacturers began to stack these holes in the law and now everything is not so simple.

I will quote the clause of the law that I led from above:

P.6 Article 18 of the FSozPP (and paragraph 2 of Article 476 of the Civil Code of the Russian Federation) in relation to the goods on which the warranty period is established, the seller (manufacturer), an authorized organization or an authorized individual entrepreneur, the importer is responsible for the disadvantages of goods, if you do not prove that they arose after the transfer of goods to the consumer due to the consumer's violation of the rules of use , storing or transporting goods, actions of third parties or force majeure.

As you understand the keyword here, it is - if you do not prove that they arose after the transfer of goods to the consumer due to the consumer's violation of the rules of use

But these rules can be corrected and correct. Now many (and almost all manufacturers), ranging from our Russian, ending with elite Germans, have such an inscription in service book:

Carrying out the maintenance and repair of the car is not from the official dealer of LLC (such a manufacturer), as well as late holding, then (row more than 1000 km or more than 30 days, depending on what has come earlier), it may cause restricting warranty obligations to car

Well, now we put everything around the shelves:

• Who is the Official Dealer? This certified service center who conducted his employees, repair and maintain a certain type of car. Which then passed the exams and received the relevant certificates for it. And how many third-party companies (ordinary stations of maintenance) did this with their employees? I think few people!
• The manufacturer's guarantee, of course, not one official dealer cannot be selected. But only on those nodes that a priori do not require maintenance. EG - body, cardan Val., Manual transmission (and that is not a fact), beam, some suspension details (for example, silent blocks, shock absorbers, stabilizer racks, etc.), steering rack (and then if it is also necessary to serve), bearings, electrician (and not all) , catalysts, etc. That is, everything that should go long (ideally the entire service life of the car).
• But the aggregates that require maintenance, and it is a priori must pass from the official dealer (see paragraph 1), you just speak politely. These nodes include the most expensive units - engine, automatic transmission, clutch, air conditioning or climate control, even cooling system (all radiators, stoves, etc.), etc. You politely refuse.

Thus, in the second case, when on Toyota, Camry with a motor at 3.5 liters of automatic transmission died at 69,000 km (and it can die there and 7,000 km). The owner who believed the reliability of Camry, and did not go through the official, and did everything himself. And then the court hearing - lost it with a pipe!

The arguments of the official dealer (manufacturer):

• Oil replacement occurred in automatic transmission or not? She had to be 60,000 km
• What oil is flooded?
• What station did the replacement happen? Does the availability of certificates (in this case, Toyota) on staff training
• What method (method) replaced

Only the third item is already entitled to refuse to repair or replace warranty.

MY OPINION

Friends will express your opinion on the warranty on the car and go through the dealer or do it yourself.

Let's start with the fact that of course the dealers are much more expensive. If you take a regular car, the class "B" will say. Then the cost will be within 5 - 6000 rubles. Not enough!

However, let's consider how much it will be if you yourself:

• The oil is now very big running, but let we take good and it is about 1,800 rubles.
• Oil filter (take the price of originals, because at the station you will put exactly these) - 300 rubles
• Air filter - 350r
• Salon filter - 300r

Total we have only about 3,000 rubles for all consumables, well, they themselves all change in the pit from a friend!

The difference in 2-3000 rubles (much or a little) . Of course, now there is a bunch of unscrupulous dealers who bend the transcendental prices to you (can also beg in Rio). But no one forces you to do for such a price. You are a sociable person, call other official dealer centers (If this is Moscow or Peter with this problems at all). If you are from a small town, in which one dealer, then call the neighboring cities, sometimes get rid of them much cheaper. For example, in your city it is 8500r, and in the neighboring 5000r, the road is 100 km (one way), well, you will burn the fuel at 500 to 600 rubles, but saving 3000 rubles.

Personally, my opinion is done by the official dealer ! There are several reasons for this:

• If your car is complicated, has a lot of all electronic, climate control, automatic transmission. Even if all this is very durable (proven manufacturer) - may break. And believe me, no savings of 2-3000 rubles will not be able to cover this repairs!
• Many bridge their oils, filter. It is really not forbidden, and dealers go for it! But I would not do it too, why? Yes, just because, if that, expertise will occur and it can identify a non-compliance with the manufacturer's standard. Then you will again refuse to repair. And if you buy them from them, keep all the checks, where it is written that such an oil was bought and flooded, then it would be much more difficult to relyten.
• Yes, and if your car is simple, let's say at all without a radio, on the villagers ("windows" of windows) he will still have a catalyst that now has no reaching until the end of the warranty. If this crumb will fall into the engine, then consider Hana to him.

No savings in 2000-3000 will not cover its repair! However, here everyone decides for himself, it was personally my opinion, you may have another. Maybe you are an experienced mechanic who has a warehouse of spare parts (on your new car bought) and you do not need this warranty!

If you do not pass the scheduled maintenance of your car from the official dealer, but the warranty period and "warranty mileage" has not yet ended, do you have the right to warranty repairs?

You say no, I thought so so, and you will not be right!

Our right with you in such a situation gives us our state, and not automakers and not automakers to take care of what they do not!

With which each of you will have, if it comes to the official dealer and the driver, the driver will show the service book, where it is indicated that the car is guaranteed (by term and traffic), but maintenance has not been carried out according to the regulation at all or overdue for 2-20-50 thousand kilometers? Without blinking the eye, the master driver will tell you that the car is not a warranty.

Even if you are a fairly ridiculous consumer, then you will need to call the engineer under warranty and it will laugh at you, say "What is the guarantee if the dealer has 70 thousand kilometers ago? !!".

And only when you get to the head of the auto center or, at least, the head of the service, and ask what foundation you are denied warranty service and require a written refusal of warranty repairs, then it is possible to replace the rhetoric and the boss will say that he did not say that, and there Someone from the subordinates were mistaken or you didn't understand something.

And all because we have "Law of the Russian Federation of 07.02.1992 N 2300-1 (Ed. From 07/03/2016)" On Consumer Protection ", which says:

In accordance with paragraph 6 of Article 18 of the ZozPP:

The authorized organization ... is responsible for the shortcomings of goods, if not prove that they arose after the transfer of goods to the consumer ...

The whole salt lies in the fact that the official dealer, as an authorized organization you rent a car to repair, if I do not agree with something, then I must prove that the breakdown occurred in your fault. You should not prove, initiate an examination, and they.

You ask, but what are the conditions for the warranty in the service book, which are clearly suggested that it is necessary to be serviced only at officials or the warranty will be "limited", so they formulate?! We again appeal to the law on the protection of consumer rights:

In accordance with paragraph 2 of Article 16 of the FZPP

it is forbidden to determine the acquisition of some goods (works, services) with the obligatory acquisition of other goods (works, services) ....

It is prohibited to determine the satisfaction of consumers imposed on the warranty period, the conditions that are not related to the disadvantages of goods (works, services).

In accordance with paragraph 1 of Article 16 of the FSZPP, the terms of the contract infringe upon the rights of the consumer compared with the rules established by the laws or other legal acts of the Russian Federation in the field of consumer protection are recognized as invalid ...

In this case, the warranty obligations of the Seller are not dependent on the conditions that are not related to the disadvantages of the goods. And also the purchase of a car is determined by the mandatory acquisition of service services.

And if the dealer declares that it is associated with the disadvantages of the goods, then require a written refusal. Always demand a written failure. All that you speak orally, set out in writing and require confirming it is also writing.

Your rights confirms the Civil Code of the Russian Federation. No one has the right to limit you in choosing, and even more so create a monopoly of the maintenance venue. In accordance with Article 209 of the Civil Code of the Russian Federation, the owner's right is violated at its discretion, to use and dispose of property belonging to it. You make an opportunity to pass maintenance elsewhere, on your own choice, at lower prices.

So what rights do you have? For example:

Article 18. P.1 ZozPP Consumer Rights when deficiencies in the product are found:
...
require immediate gratuitous elimination of the shortcomings of a product or reimbursement of consumer correction costs or a third party;

And what a dealer should do:
Article 18. P.5 of the Rights of the Consumer when deficiencies in the product are found:

The lack of a cash or commodity check or other document certifying the fact and conditions for the purchase of goods is not a basis for refusing to satisfy its requirements.

That is, you can come even at all without a service book if the warranty period is not yet expired.

Seller (manufacturer), an authorized organization or an authorized individual entrepreneur, the importer is obliged to take the goods of improper quality from the consumer and, if necessary, check the quality of goods. The consumer has the right to participate in checking the quality of the goods.

That is, you rent a car and wait for the quality check, in fact it is diagnostics or defect. Further or quality verification shows that the breakdown occurred not by your fault and you get warranty repair or it comes to examination.

In the case of a dispute about the reasons for the appearance of the flaws of the goods, the seller (manufacturer), an authorized organization or an authorized individual entrepreneur, the importer is obliged to conduct an examination of goods at their own expense ..

The consumer has the right to be present during the examination of the goods and in case of disagreement with its results challenge the conclusion of such an examination in court.

If, as a result of the expertise of the product, it was established that its disadvantages arose due to the circumstances for which the seller does not respond (manufacturer), the consumer is obliged to reimburse the seller (manufacturer) ... expertise expertise, as well as related to its holding costs of storage and transportation of goods .

Additionally, I note that the car must be accepted by the dealer immediately, as he says paragraph 1 of Article 20 of the ZozPP ... At the same time, the absence of goods required to eliminate the flaws of spare parts (parts, materials), equipment or similar causes are not grounds for concluding Agreements on such a new term and do not exempt from liability for violation of the term defined by the Agreement of the Parties initially.
So in the dry residue

They will not give you a written refusal to warranty repair, otherwise you can safely go to court right away. It is worth understanding that the dealer can intimidate the cost of a defective, expertise that its cost will fall on you, in case of detecting improper operation and your guilt or even immediately demand to pay for the examination, which is obvious - illegal.

How to act?

1. Record to the diagnosis to the official dealer.

2. Print two copies of the claim in advance, demanding immediately accept the car to freely eliminate the shortcomings, describing its position and referring to the laws. Link to the template of claim claims in the comments.

3. On the designated day come to the dealer and register a claim at the reception. Your copy must put print, signature / decoding, position, date, incoming room.

4. Go to the Master-Accessor, if you hear a story about the removal of warranty, then ask to provide information by writing it in writing or call the warranty engineer. If the guarantee engineer also pretends that it is not aware of the provisions of the Consumer Rights Protection Act, says about the service book, then ask to call the head of the service or the head of all this foddes.

5. Further, you may simply refuse orally, then only remains to wait for a written response to your written claim or can offer to drive into the repair area by signing the order-outfit. Here you have to be very attentive, as you may be offered to sign an ordinary commercial order-outfit. Refer to Article 18 of paragraph 1 of ZozPP, which speaks of immediate, free elimination of the shortcomings. There is no money about any money in the ZozPP, except for one nuance - you will have to pay for the examination, if it shows that the breakdown occurred in your fault. In the event that no guilt, the examination is paid by the dealer. This indicates Article 18, p. 6 ZozPP.

6. Already after they will check the quality, in accordance with the ZozPP, they may agree to a free warranty repair or to begin a dispute about the causes of the disadvantages of goods (auto faults). In this case, as I wrote above, they are subject to expertise at their own expense. At this stage, they can suggest sign a tripartite agreement, according to which you will need something for this expertise. ZozPP is nothing about any agreements. There is clearly written - the authorized organization at its own expense.

7. For expertise, you can invite your expert, who will give its own, informal conclusion for you, and will not give an independent expert to torment.

8. If the examination is on your side - you will replace the car and you will not have anything. If the expertise on the dealer side, you can challenge her results in court, then the court will appoint a forensic examination. In court may also be present and advocate your expert. Usually, other things being equal, the court leans towards the consumer, in the spores of the ZozPP.

In general, you need to acquire an understanding of what happened to your car and why it happened. If this is some kind of maintenanceable node or unit, it is very difficult to prove that you are incorrectly exploited or served. If the problem is with the engine, then the flight of fantasy from the expert may be much more.
But in general, it is worth knowing that the case did not come to the examination, you should not do it at all. Continue whether to continue the dispute and retract on the court proceedings - to solve you, this time and, perhaps, money. On the other hand, if you act correctly, confident in your rightness and you have at this time, that is, all the chances of getting repairs at their expense, as it should be. In the end, it can become a matter of principle and the case of the restoration of justice.

Tell us about it all familiar, as many people can know their rights. Enough dealers and / or automakers fooling consumers, sucking money from us, which are not difficult for us.

PS From some representative of the officials heard the phrase "consumer extremism", so they call it - when they seek what it should be done by law. But looks like it on the opposite.

I will start with the fact that I often sit on the forums and in groups of Kia Rio, Hende Solaris.

The new owners always ask a question whether the official dealer should be held. The experienced participants say that you need to "Sat them by the forest", and the class of forever busy motorists who do not want to think and spend their time on the service of the car, they say - pass the "official", because Will you stay at war and there will be no headache about her.

Every year, the price tag increases and the proposals of the dealer for replacing something are becoming increasingly exotic.

For example, to TU2 (30 thousand runs) may offer to replace brake fluid For considerable money, or replace the bushings and gum stabilizers for 4000 rubles !!! Yes, and replacement salon filterwhich takes one minute costs almost a thousand rubles.

Somehow does not fit with the term "budget foreign car", is not it?

Recently, in the Kia Rio group laid out an order-outfit (I make a photo)

with the cosmic cost, 1 - 9 thousand rubles with kopecks. Alpha-Bank's seal hints on the fact that it was done on credit! God ... Where does this country roll? Also recently saw the poster - "Collect the child to school on credit!" All this is very sad ...

I want to say that the replacement of oil with a filter at Shell stations stands some 200-300 rubles ... All other things that are indicated in the order can be made independently per hour. You may be frightened that it is not passing that the official dealer removes the warranty from the car. When I was voiced by such a nonsense by phone, inviting me to2, I laughed in response. "Is your office above the law of the Russian Federation?" - I said. In accordance with the law on the protection of consumer rights, no one has the right to impose its services (allegedly obligatory passage of the dealer), as well as the buyer has the right to demand warranty repair or replacement of faulty goods. In fact, it's all about it for a long time ago interns, dealers play on the legal illiteracy of citizens.

In fact, it is possible to maintain a car at least where, and changing the guarantees to which it applies to the marriage of the manufacturer. On the contrary, there is a bunch of cases when the dealer "swept" with the guarantee of the owners who passed then. Someone sought justice to complaints, and someone in court.

Another moment. As our artificial crisis has begun in Russia, the dollar jumped as an acne in a mild place, official dealers cut the salaries of their masters, as a result, they went to private services. Dealers in the state remained inexperienced young, who trains on your cars. After that, you can detect scratches in the cabin, broken ears of the cabin filter boxes, and these are still the smallest shortcomings ...

In general, I advise everyone to protect your rights, because Since myself you can change the world (on the drome there were reviews on Lada Grant with automatic transmission, where the owner was returned to the car for the car, the truth of time it took not a little, the feedback on the White Solaris, which rust, where the dealer took the car to the trad-in and For extra charge in 20k rubles issued a new one).

I attach a "copy-paste" with the history of the owner and an exemplary claim:

"In early November, I felt the trim from the steering wheel on the irregularities and the noise in motor compartment Auto, drove to the official dealer (hereinafter O.D), he told them what worries me, they told me to leave the car, I left the car.

Call an hour and say: a broken steering rail and the pulley of the generator, there are no mechanical damage, bring the warranty book to change the guarantee details.

I brought them a warranty book. They look at what I only have a mark about the passage of 15,000 km. And at that time it was 4,000 km, i.e, I did not go out of 30,000 and 45,000 km, they told me because I did not pass That in warranty repair it is denied.

I say they that I live far from OD. (750 km to the nearest OD Nissan) and then did not go to OD.

Well, as usual, the conversation was usually started, I don't have to change these details to me for free, and they proved to me the opposite.

I came home and decided that it was necessary to do something with this injustice and try to solve this problem in my favor.

My actions:

1) Called to Moscow to the main office of Nissan. There they were told so I sent my claim to them on email.

2) I made a complaint, here is the full text:

Personal data:

The actual address of residence:

Brand, car model: Nissan Teana. ***

State registration number:

Mileage car at the moment:.

VIN car:

This official dealer Nissan:

Index: ******

Address:***********************

In June 2007 Acquired a new Nissan Teana car from the official dealer in the city ****

November 5, 2009 I, FULL NISSAN TEANA, GOS.NOMER: ****, VIN: ***, Mileage: ***. He turned to the official dealer of Nissan in LLC **** with a knock on the steering on irregularities and an extraneous sound in the engine compartment.

The guarantee engineer accepted the car and in an hour he said that the steering rail and the generator coupling are subject to replacement and asked to provide a warranty book. I provided a warranty book. The guarantee engineer informed me that I did not pass, and, accordingly, it is not worth a stamp on the passage in the warranty book, and refused to repair the warranty. I replied that the technical inspection I spent every 15 thousand mileage of the car but not from the official dealer of Nissan, I asked for a written refusal of warranty service, which I was answered with the refusal and said to write a complaint.

I consider the actions of LLC ***** illegal because:

In accordance with P.6.8 Art. 5 FZPP Manufacturer (performer) is entitled to establish on the goods (work) The warranty period - the period during which the lack of manufacturer (executor), the Seller, authorized organization in the case of discovery in the product (work) or an authorized individual entrepreneur, the importer must meet the requirements of the consumer established by Articles 18 and 29 of this Law.

In this case, the manufacturer has established a warranty period - 3 years from the date of sale of a car or 100000km. (What will come earlier).

The warranty period is the period during which in the case of

detection in car deficiency Manufacturer, seller, authorized organization or an authorized individual entrepreneur, the importer must meet the requirements of the consumer established in the FZPP

Warranty up to 100000km. Contrary to the above law, since the warranty period is the period, and the period is a period of time. Accordingly, time cannot be measured by kilometers.

In accordance with paragraph 6 of Article 18 of the ZozPP (and paragraph 2 of Article 476 of the Civil Code of the Russian Federation) in relation to the goods on which the warranty period is established, the seller (manufacturer), an authorized organization or an authorized individual entrepreneur, the importer is responsible for the disadvantages of goods If it does not prove that they arose after the transfer of goods to the consumer as a result of the consumer's violation of the rules of use, storing or transporting goods, actions of third parties or irresistible force.

LLC ***** gave refusal on the basis of diagnostics, without expertise, etc. What contradicts the above article. That is, there is actual conditioning by the sellers of the implementation of the warranty obligations of the seller and (or) of the manufacturer's conclusion (contracts) on the performance of maintenance work (COM motor vehicle exclusively with certain business entities (with organizations that serve as a seller or manufacturer, or other directly specific organizations). Accordingly, obliging consumers to carry out the maintenance of the vehicle exclusively in authorized service centers specified by the manufacturer or dealer is illegal.

To refuse warranty repair of the car in the event of a late passage, the auto show must prove the causal relationship between the late passage of the way and the failure of the part. Proved expertise. Only the very fact of untimely passage is not the basis for refusing warranty repair.

In accordance with paragraph 1 of Article 16 of the FSZPP, the terms of the contract infringe upon the rights of the consumer compared with the rules established by the laws or other legal acts of the Russian Federation in the field of consumer protection are invalid.

Thus, if the point of contract or warranty book is contrary to the current legislation on the protection of consumer rights and infringes the client's right, it is recognized as invalid, regardless of the presence of a consumer signature.

The conditions contrary to the law are recognized as invalid.

In accordance with paragraph 2 of Article 16 of the FSZPP, it is prohibited to determine the acquisition of some goods (works, services) with the mandatory acquisition of other goods (works, services). Losses caused to consumers as a result of a violation of his right to free choice of goods (works, services) are reimbursed by the Seller (performer) in full.

It is prohibited to determine the satisfaction of consumers imposed on the warranty period, the conditions that are not related to the disadvantages of goods (works, services).

No one has the right to limit me in choosing, and even more so create a monopoly of the venue of the technical inspection. The warranty obligations of the Seller are addicted to the conditions that are not related to the disadvantages of the goods. Moreover, in accordance with Article 209 of the Civil Code of the Russian Federation, the right of owner is violated at its discretion, to use and dispose of property belonging to it. I am deprived of the opportunity to pass maintenance elsewhere in your own selection and at lower prices.

This dealer behavior contains signs of the composition of the administrative offense, provided for by Part 2 of Art. 14.8 Codex of the Russian Federation on administrative offenses: the inclusion of the conditions in the contract that inflict the consumer rights established by the law that entails the imposition of an administrative fine on legal entities - from ten thousand to twenty thousand rubles.

Based on the foregoing, I ask:

1. Warranty repair on replacing the steering rack and the generator coupling on my nissan car TEANA VIN: ***** in the deadlines established by law.

3) sent to email. This complaint to Moscow to the main office of Nissan, as well as printed this complaint and sent by the registered letter with the notice of OD. Which refused to me in the warranty repair.

4) PASSED WITH ROUND 3 As I sent a claim to Email to Moscow, the director of warranty service with the Auto Center (AC) in which I was denied warranty repair and says: ... Please come at a convenient time for you so that we discussed Solving your question.

5) came to A.Ts., met with a guarantee, he apologized for the fact that they had accepted hasty decisions and once refused to me in warranty repairs. Also said that they had already ordered the necessary details and 11/20/09 they change these parts under warranty.

6) changed the warranty all the details that were broken, gave me an order outfit and I saw the amount without a small 50,000 rubles. And I think it's good that they changed under warranty and I do not have to pay, and so I would have to lay out a round sum ...

7) Now once a week they call and ask as a car, etc. \u003d)

Who will face a similar situation use the complaint ahead, maybe it will help you to save honestly ht! Thanks for your attention \u003d)

Question price: 0 rubles "

So, the warranty is over. The owner of the car is now to be resolved, continue to attend officials or make a choice in favor of cheaper, possibly located closer to home or the work of the car service. But here it should be noted that any car will ever sell, and the future buyer is much more willing to acquire a car that served in brand service, with the so-called transparent service history. As an option, you can order the officials only the replacement of engine oil - even such a mark in the service book will significantly increase the confidence in the car. After all, at the same time its mileage is fixed. If you have a modern and technically complex car, it makes sense to diagnose the chassis and check by the dealership scanner. But where to eliminate the disadvantages found - to solve you.

In order not to make a mistake with the choice of the usual (informal) service, first it is worth listening to the opinions of the participants thematic forums, ask the neighbors and friendlock friends who have already had service experience on one service station. In the case of difficult repairs, it is best to choose a multi-brand service, but the one that specializes in cars of one or several related brands.

FROM maintenance Everything is simple: to begin with, get acquainted with our recommendations for visiting the officials - they all remain in force. In addition, it is important to correctly place an order-outfit. If you are not strong in the technical part, ask the wizard to eliminate the problem itself, because of which you have turned to the service: knock, vibration, smell, or an extraneous sound occurring during the operation of the car. The main thing is not to specify a specific operation on replacing or repairing any part that seems to you will eliminate the problem.

I will explain on the example. Suppose you overheat the engine, that is, from expansion tank There is a fluid release and there are steam. The yard or garage "specials" immediately make a diagnosis: "Yes, you have a gasket under the head of the block!" You, arriving at the service, write in order-outfit: "Replacing the cylinder head gasket". And you quickly change this gasket on the price list. You leave the service, and the story is repeated: overheating, steam, liquid throws out. You are in service. And there, referring to you as signed paper, they say that the work has been fulfilled and there can be no complaints. Gasket replaced? Replaced! And then it turns out that you have a cylinder head deformed, the fit plane is broken, and no new gasket will help. A grinding or milling of a bustal plane or replacing the head of the cylinder block is required. At the same time, the phrase in order to work should look like this: "eliminate the engine overheating."

However, there is another side of the medal. We'll have to follow, so that under the skeins on your car did not replace half of the engine, or even the female. In difficult, and, accordingly, expensive cases, it is desirable to consult in several services or to call for help a really good specialist.

In search of a source of knocking in the suspension, some unclean to hand servicemen can at the expense of the client to change one element after another. Alas, the knocking item often turns out to be closer to the end of the list, which speaks of the correct rogue approach to the task.

Similar "algorithm" troubleshooting is also in complex modern power and engine control systems. And if the servicemen come across relatively rare carThey prefer to wait for the moment when another such machine will come to them. After that, by the method of sequential rearrangement of the sensors and other elements of the system, it is looking for a malfunction. There is also the owner of the "car donor" do not envy.

On informal service, as a rule, it is possible to be present in the Remzone - this is a big plus. It is possible to carefully follow the hands of the artist. This is especially important on not too popular service. With a shortage of customers, a unknown fit may arise the temptation to ensure itself with the work. For example, break the boot ball support, steering rod or a cover of a shrus.

An important moment: when communicating with non-fake, find out in advance who will acquire spare parts for the repair of your car. We advise you to shift this task on the shoulders of servicemen . Then, in the case of a re-release of the node, it will be easier for you to insist on repair under warranty. Otherwise, the wizard will try to write a malfunction on the "poor-quality spare part". And imagine that this is the rear axle of the engine crankshaft, to replace which you need to remove the gearbox, the clutch mechanism and flywheel. Remember how to formulate order-outfit? "Eliminate leaks of oils in the rear of the engine." But to replace with such a convenient case, a fairly faced clutch is a holy case, especially since the work will be free.