Unfortunately, everything breaks down: from stools to spaceships. A car is a very complex technical device - in this regard, alas, it is not an exception. If your "stumbling" iron horse is still under warranty, then of course you will go to an authorized dealer service center to repair it.
And if the warranty is over, you have the right to choose a repair organization yourself.
If you are already going to be repaired, then choose the service station where in the sight of customers are permits for specific repair work - certificates, licenses, etc. And the price list for services is not hidden from clients.
What if you are dissatisfied with the quality of the repair?
However, no certificate guarantees that you will be satisfied with the repair. Even dealership technical centers do not always perform work with the proper quality. What if something in the repair did not suit you?
Write a claim to a car service
How to do it? You can use the sample. But a claim to a car service, a sample of which you will see below, by and large, is written without any template.
There are no strict forms and rules, but what must certainly be indicated in it, you need to know:
- car data: make, identification number, license plate
- malfunction
- where, when and by whom was it eliminated
- what claims do you have for the repair
- your specific rectification and damage claims.
Should be drawn up in duplicate.
One you hand over to the representative of the repair organization against signature (the date and time of delivery are indicated, the signature of the official must be certified by the seal of the enterprise), and the second you keep for yourself.
In case of refusal to accept a document (this happens quite often) - send a claim by registered mail with a list of attachments and a receipt acknowledgment. You also leave a copy of the inventory to yourself, so that later the car service does not take it into his head to declare that in the letter you received gratitude for a good job.
Notification is required to track deadlines. According to the law, a claim to a car service can be made during the entire warranty period for repairs, and if it was not installed, within 6 months from the date you accepted the work. The car service must satisfy your requirements (repeated repairs, refund for repairs, compensation for damage caused, etc.) within 10 days voluntarily. Otherwise, you get the right to sue the negligent repairman.
And his services and the cost of possible technical expertise in making a decision in your favor will also be paid by the defendant.
Sample car service claim:
Director of the car service of LLC "Antelope Gnu"
Alexander Pushkin
From Mayakovsky Vladimir Vladimirovich
Postal address, contact phone number
Claim
"__" _______20__ LLC "Antelope Gnu" performed work on the repair of the car _________________, identification number _____, license plate _____. The work was carried out on the basis of the work order number ____. Paid for the work performed _______ rubles. _______ cop.
A warranty period of ______ was established for the work performed (if installed)
When operating the car after repair, the following shortcomings were identified in the work performed: ________________ (list).
In connection with the foregoing, I suffered damage in the following amount ______________.
(specify which one, and document it, for example, with a receipt for the services of the called tow truck, etc.)
Based on Art. 29 of the Law of the Russian Federation "On Protection of Consumer Rights", I demand ______ within the prescribed period.
(specify the requirements, for example, to make a full refund of the amount paid earlier for the repair and reimburse the newly incurred losses)
Applications:
1. A photocopy of the car repair payment receipt.
2. A photocopy of the receipt for payment for transportation services.
Date, signature
If immediately after the purchase the car began to break down, do not be upset, you must not delay this process, but immediately write the appropriate order. If the machine was purchased under warranty, then you can easily require the dealer to repair a certain part free of charge. How to correctly write a claim, as well as its features and conditions, further in detail in the article.
When is a claim filed against the dealer?
Grounds for drawing up a pre-trial claim to a car dealership under warranty:
- Identification of certain defects on the machine;
- Machine malfunction during operation;
- If the dealer refused to repair a defective product under your warranty;
- In the case when the car was taken for repair, however, it was not returned ready in due time.
It should be noted that within the framework of warranty service, the car must be repaired no later than 45 days later.
Features of drawing up a claim to a dealer
The application must consist of the mandatory parts:
- Descriptive point. In it, the buyer describes in detail the problem with the car, all defects and shortcomings;
- Demanding item. It needs to indicate what requirements you have for the dealer. For example, he must fix the car within 45 days, or otherwise you can go to court;
- At the end it is necessary attach documents, receipts, warranty cards to the car. It is best to make copies of these papers so that you always have the originals on hand.
The document must follow the business style of presentation, not use emotions and threats. The main thing is to be guided and competently state the essence of the problem.
How to write a claim to the dealer for elimination of deficiencies under the car warranty?
A sample warranty remedy claim should be prepared according to the following plan:
1. The name of the store or dealer where the vehicle was purchased.
2. Personal initials and contact details.
3. In the middle, you need to write the type of document. In our case, this is a claim.
4. In the application, you must indicate the name of the product, the exact make of the car.
5. Describe the warranty conditions provided.
6. List the steps to be taken to solve the problem.
7. Write how the dealer reacted to your repair requests (for example, refusing to make repairs under warranty).
8. At the end, indicate the laws that require you to make repairs for free.
Required as needed.
Conditions for a claim for elimination of defects under the vehicle warranty
List of requirements to be presented to the dealer:
- If you applied for the first time, ask for a free car repair;
- In case of refusal, you can demand not only the elimination of the breakdown, but also moral compensation;
- The buyer may require an examination of the car to prove that the breakdown was not his fault;
- You can claim compensation for costs if you drove the car to another city for repair work;
- In the event that the repair has dragged on for more than 45 days, you can demand to replace the car with a similar, new model, or ask for a full refund for the purchase.
How to write a claim to a dealer for car repair under warranty?
A claim for car repair under warranty is submitted to such persons at the choice:
- The seller of your product;
- Service center, which is indicated in the warranty card;
- To the official dealer of this car;
- Directly to the manufacturer.
If the buyer has given the application to the secretary or manager, it is necessary to indicate their names as receiving the document. The buyer must have a second copy, on which an authorized employee signs and stamps. Such a document must bear the date of delivery of the application.
To it you need to attach the main contract for the purchase and sale of the car and the check that the seller gave you. Be sure to make a copy of the warranty card with the end date of service.
Warranty Vehicle Repair Claim - Sample
It is recommended to fill in the corresponding order for the repair of the machine according to the example. However, the act can be drawn up in any form, the main thing is that it contains all the necessary details. First of all, the initials of the seller and the exact make of the car, as well as the warranty period for this model and the exact address of the store where the vehicle was purchased, must be indicated. The next part should consist of a detailed description of the problem. Further, it is necessary to refer to the consumer protection law, which provides for the mandatory repair of a machine that is under warranty. The client indicates the conditions to which he claims. In conclusion, the signature and the present date are put, as well as all the necessary documents are attached.
(to a car dealership, with the requirement to eliminate the lack of a car)
Director of LLC "_________________"
(legal entity seller's address)______________
(Buyer's full name)_______________
(address, telephone)________________
CLAIM
On August 09, 2010, I bought a UAZ Patriot passenger car, manufactured in 2010, identification number ___, worth 530,000 rubles at the ______ LLC car dealership, which is confirmed by the contract No. ...
According to the terms of the warranty, a warranty period of 24 months or 50 thousand km was established for the car. mileage, whichever comes first.
According to Art. 4 of the Law of the Russian Federation "On Protection of Consumer Rights", the seller is obliged to transfer to the consumer a product of good quality, suitable for the purposes for which a product of this kind is usually used. However, the goods of inadequate quality were transferred to me, in connection with which I have to contact you with a claim for the quality of the car.
I have operated the car strictly in accordance with the rules set out in the "Car Owner's Manual". With the vehicle running 2300 km. spent - the first, with a run of 10100 km. - the second, 20,200 km - the third, 30,200 - the fourth technical service in the technical center, the address of which was indicated in the service book, about which the corresponding notes were made in the service coupons. However, after 10 months, with a mileage of 36,000 km, a drawback appeared in the car - a break in the strut mounting bracket and the shock absorber of the front right wheel.
According to Art. 18 of the Law of the Russian Federation "On Protection of Consumer Rights", a consumer to whom a product of inadequate quality has been sold has the right to demand, among other things, gratuitous elimination of defects in the product and full compensation for losses caused to him as a result of the sale of such a product. If the specified requirement is presented by the consumer during the warranty period, the seller is obliged to satisfy it, unless he proves that the lack of goods arose after the transfer of the goods to the consumer due to his violation of the rules for the use, storage or transportation of goods, actions of third parties or force majeure (clause 6 of Art. 18 of the Law). Defects found in the goods must be eliminated by the seller immediately, unless another period for eliminating the defects of the goods is determined by agreement of the parties in writing. Considering that it will take a reasonable amount of time to replace the bracket, I suggest that this work be done within 5 days.
For late satisfaction of the consumer's legal claim, the law provides for the seller to pay a penalty in the amount of 1% of the value of the goods for each day of delay.
By selling a car of inadequate quality, you violated my rights as a consumer. Based on the foregoing, guided by Art. 4, 13, 18, 19, 20 of the Law of the Russian Federation "On Protection of Consumer Rights"
1. Eliminate the defect of the UAZ Patriot - replace the strut and shock absorber mounting bracket of the front right wheel with a new bracket before July 02, 2011.
I warn you that if my legal claim is not satisfied, I will file a statement of claim with the court, where I will ask for compensation not only for material losses, but also compensation for moral damage (Article 15 of the Law), as well as for the recovery of a penalty (Article 23). In addition, the court, when satisfying the requirements of the consumer established by law, collects from the seller a fine of fifty percent of the amount awarded by the court in favor of the consumer for non-compliance with the voluntary order of the consumer's requirements (clause 6, article 13).
Date: "___" May 2011
When contacting a car service, we, first of all, want to provide our four-wheeled friend with professional assistance. And this means that in the car service you contact without fail must be of different kinds permits... At least a photocopy of a license to carry out this kind of work. And also a description of the types of work, indicated, as a rule, in the appendix to the certificate.
All of the above documents (license, certificate and annexes to it) must be in a visible place for customers. In addition to them - the price list for the provision of the listed works.
Do not forget that manufacturers of foreign cars (during the current warranty) categorically do not accept the provision of technical assistance to a car with their own hands, third-party masters or other domestic kulibins. Ignoring such requirements is fraught with the loss of the guarantee for the car owner.
The very same legal regulation of the relationship "customer-car service" is based primarily on a number. Among them: the Civil Code of the Russian Federation (contract for work, paid provision of services), the Law "On Protection of Consumer Rights", Rules for the provision of services (performance of work) for the maintenance and repair of motor vehicles.
Car delivery to a car service (receipt of a specific service) implies the conclusion of an agreement between the vehicle owners and the party making the order. The contract can be concluded both in writing (in most cases related to auto repair) and orally. In the first case, the car owner should pay attention to legal literacy when drawing up the relevant documents. Such legal relations are governed by the "Rules for the provision of services (performance of work) for the maintenance and repair of motor vehicles", approved by the Decree of the Government of the Russian Federation of April 11, 2001 under number 290. As a rule, the agreement is in the form of an order-order, although the use of other branded forms. The main thing for the consumer in this case is that all accompanying conditions are accurately spelled out in the document.
If the customer carries out work in the presence of the owner vehicle, in accordance with paragraph 2 of Art. 159 of the Civil Code of the Russian Federation, clause 17 of the Rules for the provision of services, the contract can be concluded orally... Basically, such agreements take place when the consumer requires the execution of an order in his presence: car wash, tire fitting, operational diagnostics, etc. In this case, the agreement between the two parties is confirmed by the presence of a receipt, cashier's check, another document containing the details and the seal of the company providing the service to the consumer.
When concluding a written contract, the following points must be present in the purchase order:
- the name of the company, firm, etc., as well as the address of the artist. Full full name, customer coordinates;
- a list of works (services) necessary to solve the problem, a list of materials used, as well as spare parts, their price (provided by a car service);
- a list of materials, spare parts provided by the customer (with the designation of their certification data);
- the date of registration of the work order, the timing of its implementation, the cost of work, the payment procedure, the warranty period (if established);
- vehicle data (car brand, model, license plate); the cost of a car, set by mutual agreement of the parties;
- initials and position of the person filling out the work order; signatures of the parties.
Simultaneously with the purchase order, registration is made acceptance certificate... This paper later, when you pick up the vehicle from repair, will avoid debate about the condition of your car. In the document, you note that during the transfer "from hand to hand" the car had no defects. In addition to everything, it is also worth prescribing the presence of integral components in the car: rugs, first aid kit, handy repair equipment, etc. Thus, if the customer finds post-repair scratches, surface deformations and other damages, the car owner obtains the legal right to demand from the contractor (car service) to provide him with a similar vehicle or compensate for its double cost.
When making a claim, you must indicate what service (repair) the car service provided you. What kind of malfunction was eliminated. In this case, there are two ways out for auto repairmen: either to re-repair your car, or to compensate for the damage caused. Such requirements are regulated by Article 29 of the Law "On Protection of Consumer Rights".
In addition, in the claim, you must indicate the number of your car, information about the order-order (number, cost of work, deadlines), and also disclose the essence of the complaints you express. A formalized claim must be submitted by you within the clearly indicated warranty period. According to the law, if the performer does not admit his guilt, he is obliged to carry out an examination at his own expense. True, in this case, in order to avoid a subjective assessment, it is worth making an independent examination. In order to then submit the obtained data to the court.
At the same time, it is worth considering that the statement of claim should be submitted to the court that is located in a different area of the city than a car service. After all, a situation is quite likely when in the court "at the place of residence of the organization" connections are well established and contacts have been developed. However, as practice shows, the heads of car dealerships try to settle issues on their own, without bringing the case to court.
Sample claim
Director of the car service of LLC "AUTO"
Petrov Petr Petrovich
from Nikolayev Nikolay Nikolaevich
Postal address, contact phone number
Claim
2009 by your organization, LLC "AUTO", work was carried out to repair the car _____________, identification number _________, license plate ___________. The work was carried out on the basis of the work order number ____. Paid for the work performed _______ rubles. _______ cop.
A warranty period of ______ was established for the work performed (indicate the warranty period, if any).
During the operation of the car after repair, the following shortcomings were found (recorded) in the work performed: (list the identified shortcomings).
In connection with the foregoing, I suffered damage in the following amount (in the event of material damage, specify what it is; attach supporting documents). For example, I had to pay for the services of a tow truck, towing vehicle, etc.
Based on Art. 29 of the Law of the Russian Federation "On Protection of Consumer Rights", I demand, within the prescribed period: (indicate your requirement (s) from among the above). For example, make a full refund of the amount paid earlier for the repair and reimburse all losses incurred by you.
Application:
- A photocopy of the receipt for payment for the car repair.
- A photocopy of the invoice for the transportation of the car (or a receipt for payment for transportation services).
Date, signature
Note: If you submit a claim to a car service personally, the receiving party must put a date on your copy and sign, thereby confirming the acceptance of the application. You can also send your claim by registered mail with acknowledgment of receipt. In this case, consideration of the issue will be somewhat delayed, taking into account the time of postal delivery of the claim.
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