In the car market, when a large number of cars of different brands and models are put up for sale, one of the attractive conditions for buying a car on credit is a car warranty or, more precisely, more favorable warranty conditions compared to competing brands. Since the car warranty is inextricably linked with repairs and maintenance, attractive offers are also noted here.
For example, the Quoris model from KIA has a 7-year warranty, plus Premium car service.
In a word, the goal of dealer car dealerships, together with banks, is to maximize the attraction of borrowers-buyers, and the task of the latter, that is, you and me, is to have a real idea of the guarantee for a new car and to weed out the worthless promises of car dealerships. A simple car enthusiast is more interested in the quality of domestic cars than the long warranty period of foreign cars, which not everyone can afford to buy.
Changing the warranty period by the dealer
It is important to know that even if the established warranty period for a car or motorcycle is less than 2 years, you can still contact the manufacturer within 2 years to eliminate significant deficiencies. But in this case, you will first have to prove that this defect did not appear through your fault, for which it is necessary to conduct an independent auto examination.
An official dealer may, for example, as part of a marketing campaign, extend the warranty period at his own expense and at his own discretion, but this happens extremely rarely. More often we see attempts by dealers to limit the terms of the car warranty in sales contracts, although this is illegal and will not be taken into account by the court. But if, after all, the official dealer has extended the warranty period, then you can only contact the dealer himself for the fulfillment of the additional warranty and disputes regarding it.
What does the manufacturer's car warranty provide?
Automakers, as a rule, guarantee the high-quality operation of components and assemblies of a new car for two years, excluding mileage.
The warranty means that all faults that arise on the car due to defective parts and workmanship are eliminated free of charge.
It is generally accepted that the warranty period for a car is calculated from the date of sale of the car through the dealership. But for this, appropriate marks must be made in the columns of the guarantee certificate.
What can the owner of a car that is under manufacturer's warranty expect:
- Free of charge, including spare parts and labor, repairs to replace parts and assemblies recognized by the factory representative as defective. Defects caused by poor-quality assembly are also eliminated free of charge.
- The manufacturer guarantees free delivery, or compensation for transportation costs, of a car and a car service up to 100 km.
In addition to the guarantee of free elimination of manufacturing defects, the automaker also allows termination of the vehicle warranty for the following reasons:
- Changing the design of a car without the appropriate technical specifications of the manufacturer;
- Driver negligence when operating the vehicle and failure to comply with operating conditions;
- Participation in auto racing and other non-standard events,
- Exceeding the specified vehicle load capacity and resulting malfunctions,
- Use of consumables not recommended by the manufacturer during maintenance: oils, liquids, rubber goods, etc.
Along with the listed reasons for removing the car from the warranty, restrictions imposed by the manufacturer on the use of the car warranty apply. That is, the car warranty does not apply to certain work and force majeure situations:
- Scheduled maintenance, checking and adjustment of components,
- There is no guarantee for filters: fuel, oil, air, cabin,
- There is no guarantee for normal wear and tear of consumables: brushes, pads, shock absorbers, tires, spark plugs, etc.,
- Consequences of car repair outside the walls of a certified car service center,
- Consequences of using counterfeit fluids and oils, as well as other additional equipment,
- Damage from natural disasters: hurricane, tornado, hail, flood, etc.
If situations arise that are not included in the clauses of the warranty certificate, as well as not formalized by an additional agreement, then the warranty for the car will also be denied.
If the first owner sells a car under warranty, then regardless of the number of subsequent owners, the manufacturer recognizes the expiration date of the car’s warranty period agreed upon at the time of sale. But provided that all owners of the used car complied with the terms of the warranty.
Warranty car repair
Within the warranty period, you have the right:
- For free elimination of defects, warranty repair of the car.
- To reimburse your expenses when eliminating deficiencies on your own or with the involvement of third parties.
- For a proportionate reduction in the purchase price. Dealers can do this in the form of gifts such as a set of winter tires, etc.
The warranty period for repairs by a car dealer is determined by your agreement with him, but cannot exceed 45 days in accordance with the Law on the Protection of Consumer Rights (Federal Law “On CPR”).
Car service under warranty
At its core, servicing a warranty vehicle is aimed at long-term preservation of the working condition of the vehicle’s components and assemblies:
- Driving safety
- Reliability in all operating modes,
- Compliance with environmental requirements,
- Comfort inside the cabin.
This is ensured by carrying out the necessary maintenance operations calculated by the manufacturer based on kilometers traveled.
Vehicle maintenance regulated by the automaker involves two main types:
- After a certain mileage, consumables and fluids should be replaced: oils, filters, spark plugs, etc.
- Also, after a certain mileage of the warranty vehicle, the systems and components of the vehicle should be checked for traffic safety: brake, steering system, transmission, wheel alignment, etc.
The specified maintenance regulations for a warranty vehicle are not a whim of the manufacturer, but generally accepted rules for operating a vehicle, non-compliance with which is fraught with grave consequences for both the driver and passengers, and for other participants on the road.
Extension of the warranty period in case of repairs
The warranty period is extended for as long as your equipment is being repaired under warranty.
To do this, do not forget to take a paper from the dealer confirming the fact and terms of warranty repairs of the car. They must issue such a document to you by force of law. Please also note that for units and components of equipment replaced under warranty, the warranty period is re-established and begins to be calculated from the moment the machine is delivered to you after repair under warranty.
Manufacturer's warranty
The warranty period in this case varies depending on the country of manufacture. So:
- Vehicles manufactured in Europe are covered by a warranty of twenty-four months. In this case, the perfect “mileage” at the time of contact does not play a role;
- For Asian-made vehicles, the warranty period is thirty-six months (or, alternatively, one hundred thousand kilometers);
- For domestically produced vehicles (with front-wheel drive), the warranty period is the same as in the case of Asian vehicles, thirty-six months;
Information
Important nuance! By the time of applying for a warranty from the manufacturer, the owner of a domestically produced car must have driven no more than fifty thousand kilometers. As a rule, drivers “roll up” such mileage before the expiration of the three-year period.
Failure to comply with warranty repair periods
If your equipment has been at the dealer for warranty repairs during any one year of warranty two or more times in total for more than 30 days, then you are entitled to return such equipment.
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Let us note that there are often cases of unjustified refusal by dealers to fulfill warranty obligations due to various kinds of “violations” of the rules of operation and maintenance of equipment, or due to the actions of third parties. To be sure of your rights and the legality of your claims, we recommend that you call us and obtain professional legal advice.
Selection of service station
The biggest controversy is caused by car repairs other than from an authorized dealer. It's no secret that working hours at service stations at official car dealers or at a certified service center are sometimes, to put it mildly, above average. The desire to save money can result in the car's warranty being voided.
On car enthusiast forums you can find quite a lot of stories about how car owners, having found themselves in a similar situation, went to court and ultimately defended their case: the car was returned under the manufacturer’s warranty.
But still, before resorting to the services of an unofficial car service center, it is worth thinking about the feasibility of such a decision: after all, you will still have to spend money on lawyers in court, and no one will give a 100% guarantee that they will win the case.
Engine replacement under warranty
According to the regulations of most manufacturers, engine repairs are not performed and in the event of a more or less significant breakdown, the engine is completely replaced.
There are several important aspects here:
- The buyer of the car does not have the right to demand that the engine be replaced. Repair only
- If the engine is replaced, you may be required to compensate for the loss of the vehicle's marketable value.
- The maximum permissible period for warranty repairs established by Article 20 of the consumer law begins not from the moment the new engine is delivered, but from the moment the car owner demands repairs under warranty
What is the conclusion?
From a legal point of view, you cannot demand from the seller (manufacturer) to replace the engine under warranty. The decision whether to repair or replace the engine is made by the manufacturer.
The consumer demands that the defect he discovered be eliminated free of charge, but how this will happen technically is not his concern. He should receive the result in the absence of a technical defect.
An exception may be cases when, at the initiative of the car owner or dealer (seller), the manufacturer, an examination of the engine was carried out, and the expert concluded that eliminating the defect is impossible or impractical and its replacement is required.
And more about money:
If, due to the replacement of the engine, the marketable value of the car is lost (in the event of a subsequent sale, the cost will be below the market), then you have the right to demand compensation for this amount as damages.
The amount of loss of marketable value of the car is determined by conducting an appraisal examination.
If you have a question about the engine warranty, it is better to consult us. Enter your number in the form below Or call:☎ 8 (812) 992-39-98 (St. Petersburg)☎ (Moscow)
Additional equipment installed without the knowledge of the authorized dealer
This case is somewhat similar to the situation of contacting third-party service stations. On the one hand, the dealer does not have the right to prohibit the car owner from installing an alarm system on the car. On the other hand, installing electronic equipment falls under the definition of “making independent changes to the existing design of the car,” which means that the dealer may still try to refuse warranty service.
There are two ways out of the situation: either until the expiration of the warranty period, refrain from making any changes to the design of the car, or again try to defend your rights in court.
Facts of making changes to the vehicle design that are incompatible with warranty service include:
- adjustment of the design of the car suspension system;
- installation of additional headlights (daytime, fog), replacement of lamps in headlights;
- adding additional relays and on-board computer control units to the vehicle’s electronic circuit;
- installation of decorative additions to improve the external design of the body;
- mounting a music center in the car;
- installation of additional acoustic speakers;
- installation of a video system;
- replacing wheels, in particular - with a larger diameter or with the same diameter, but with different technical characteristics;
- use of forged or light alloy wheels.
