In accordance with the Law of Ukraine "On Protection of Consumer Rights" (hereinafter - the Law), the seller (producer, contractor) is obliged to transfer to the consumer goods of good quality, as well as provide information about him. At the request of the consumer, they must provide him with documents confirming the proper quality of the goods. The law obliges the manufacturer (contractor) to ensure the normal operation of the goods during the warranty period. The warranty period for components must be no less than the warranty period for the main product, unless otherwise provided by regulatory legal acts, regulatory documents or an agreement. The warranty period is indicated in the technical passport or in another document attached to the product. In the event of a product breakdown during the specified warranty period, the manufacturer (contractor) must ensure that warranty repair work is performed free of charge. It consists in carrying out work related to the elimination of defects in the goods, with a view to its intended use during the warranty period. When performing warranty repairs, the warranty period is extended by the time the goods are in repair.
If the warranty period is not established for the goods, the consumer has the right to present a demand for warranty repairs if the defects were discovered within two years from the date of transfer of the goods to the consumer.
We draw the attention of consumers to the fact that the Law provides for the only case of refusal of warranty repair - violation by the consumer of the rules for the operation of the goods or its storage. But this fact must be proved by the party to which the consumer has submitted a demand for the free elimination of defects. Moreover, the violation of the operating rules must be proved by examination.
With the requirement of the free elimination of defects, that is, the performance of warranty repairs, the consumer in accordance with Art. 8 of the Law has the right to appeal, at his choice, to the seller from whom the goods were purchased, to the manufacturer or to the enterprise that satisfies these requirements at the location of the consumer (hereinafter - the contractor). If the consumer decided to contact the service center, then you should contact those of them that are indicated by the manufacturer in the operating documents or notified to the consumer when purchasing the goods. It is desirable to state the requirement in writing, for example, in the form of a claim, attaching to it copies of the check and technical passport or a replacement document with a note on the date of sale. The claim is drawn up in any form in two copies, one of which is transferred to the contractor, and the other, with a mark on its receipt and the date, remains with the consumer. If the claim is refused, it should be sent by registered mail, preferably with a notification of delivery, in which case the consumer will know who and when received his claim.
According to Art. 8 of the Law, for each day of delay in eliminating defects beyond the established period (14 days), a penalty is paid to the consumer in the amount of 1% of the value of the goods. In accordance with Art. 8 of the Law, the contractor must eliminate the defects of the goods within 14 days from the date of the presentation of the demand by the consumer. The indicated period may be increased only with the consent of the parties. Therefore, if the receipt for goods for repair indicates a repair period of 28 days, the consumer has the right not to sign it and demand the elimination of defects in a period not exceeding 14 days. We draw the attention of consumers to the fact that the Law establishes the responsibility of the contractor for untimely elimination of deficiencies. 8 of the Law, for each day of delay in eliminating defects beyond the established period (14 days), a penalty is paid to the consumer in the amount of 1% of the value of the goods.
For the period of repair of the goods, the consumer has the right in writing to demand the provision (with delivery at the expense of the contractor, if the goods are bulky or its weight exceeds 5 kg) of a similar product of good quality, i.e., a product that has the same basic consumer properties as purchased him the goods. The list of goods that upon written request are provided to the consumer from the exchange fund is approved by the Cabinet of Ministers of Ukraine. In particular, it includes: televisions, refrigerators, washing machines, microwave ovens, kitchen machines, vacuum cleaners, electric irons and other goods.The conditions for performing warranty repair work are determined by the Procedure for warranty repair (maintenance) or warranty replacement of technically complex household goods (hereinafter referred to as the Order), approved by Resolution of the Cabinet of Ministers of Ukraine of April 11, 2002 No. 506 as amended and supplemented by a resolution of August 10, 2004 No. 1022. The consumer has the right to demand that the contractor familiarizes him with the Procedure.
As a rule, the troubles that consumers encounter when eliminating defects in the goods arise in connection with the violation by the executors of the procedure for receiving goods for warranty repairs. And it is clearly spelled out in paragraph 30 of the said Procedure and boils down to the following: while accepting the goods for warranty repairs, the contractor, in the presence of the consumer, checks the consumer properties of the goods, its completeness, appearance, serial number, production date, and the manufacturer's seals (if they should be), warranty cards and establishes the presence of a defect declared by the consumer. Having accepted the goods for warranty repairs, the contractor is obliged to issue the consumer with a receipt No. 7 - a guarantor. This document should contain information about the executing organization, the name and description of the goods - brand, model, serial number, appearance (presence or absence of scratches, damage), price, manufacturing date, list of deficiencies, date of acceptance of the goods for repair, repair deadline , date of issue of the goods from repair, information on the issue of goods from the exchange fund. The contractor transfers one copy of the receipt to the consumer. After performing warranty repairs, the contractor makes a mark on the continuation of the warranty period of operation, affixing it with a seal.
When issuing repaired goods, the contractor must demonstrate to the consumer his work. The goods must be sealed (if provided by the operational documents), after which it is transferred to the consumer. The consumer returns to the contractor a receipt for acceptance of the goods for warranty repairs and goods issued from the exchange fund. If the consumer did not appear to receive the goods within the 5-day period specified in the receipt, the contractor must inform him in writing.