How do I get a replacement car during warranty repairs? - LADA Granta Liftback, 1.6L, 2017 on DRIVE2

How can I obtain a replacement car during a repair under the warranty?

1 Replacement car during repair under warranty 2 Statutory car warranty – what is included in the car warranty? 3 How do I get a replacement car during a repair under warranty? 4 Conditions for obtaining a replacement car under warranty 5 Terms of car repair under warranty Buying a new car in a showroom, the buyer expects that the next few years he will not know the problems of repairing the car. In fact, it is not always as planned. Factory defects may cause serious breakages, which deprive an owner of driving conditions for some time. Unplanned absence of a car can rather negatively influence not only on life, but also on work of a car owner. That is why many customers want to get a replacement car for the time of repair. The terms of such provision will be described in detail further on.

Replacement car for the time of repair under warranty The law on consumer protection prescribes the norm of issuing replacement goods when accepting for warranty repair items classified as durable goods. This clause allows buyers to obtain the prescribed conditions from car manufacturers’ dealers. However, this clause has a significant additional condition, which specifies that the machine is excluded from the list of products subject to this replacement. Dealers can offer this service to their customers on their own initiative and to improve the quality of service. Usually this condition is written in the contract when making the purchase.

Download the consumer protection law Car warranty by law – what is included in the car warranty? The law says that the warranty period is two years, which starts when you buy the car, not when it was manufactured. Some car dealers, such as Ford and Renault, increase the warranty period under the contract. The absence of a specified warranty period also does not negate the legally defined 2-year service period. The warranty allows factory defects to be corrected at the seller’s expense, either by repair or by replacing individual parts. But the warranty service requires compliance with the following obligatory conditions:

Carrying out maintenance only in the specified services of the dealer throughout the warranty period. Parts to be replaced independently or at specified service stations must be original. The vehicle must be driven according to the prescribed rules. If these points are not adhered to, obtaining a free repair is not possible.

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How to get a replacement car for the time of repair under warranty? To get a replacement car, it is better to ask about it in advance and choose the seller, where this condition is included in the set of further service and fixed in the contract of purchase. Nowadays, many car dealers provide such services when selling a car, and you can get them when buying a Volkswagen, Renault, etc.

If the car has already been purchased and the service is not listed in the buyer’s sample contract, the car can be obtained if:

The buyer is a regular customer classified as a VIP. The purchased car was expensive. The salon values its reputation and wants to strengthen its position. In the case of refusal, you can stipulate the possibility of renting another car.

Download the law on the protection of consumer rights Terms of obtaining a replacement car under the warranty The company, which has the opportunity to provide a replacement car, can give the car with mileage, as well as having significant external defects, but in good condition. By and large, it does not matter what kind of car will be provided, as long as the service is timely. If you go back to the law on the protection of consumer rights, it states that the goods that are in the list of substitutes must be replaced within 3 days.

Timeframes for car repairs under warranty The warranty must be carried out within a period not exceeding 45 days. Provided the dealer has not made the repair within the allotted time, the buyer is entitled to receive a replacement car or a penalty of 1% of the value of the car. The buyer, if the repair is delayed and the dealer fails to perform the conditions, can make a claim, in which he presents reasonable demands for a replacement car. It is also worth mentioning that the consumer can return the car, provided that there were discrepancies in its configuration or operation within 15 days.

How to get a replacement car for the time of repair under warranty

The manufacturer is obliged to carry out warranty repair of the purchased car if it is found to have defects that were not the fault of the owner.

Buyers, experiencing inconvenience due to the lack of a car, often ask dealers to provide a temporary car, relying on the provisions of the Law “On Protection of Consumer Rights”.

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Legislation

Paragraph 2 of Article 20 of the Law № 2300-1 states that the buyer has the right to demand from the seller a temporary replacement of goods classified as technically complex for the period of warranty repair.

The car falls under this definition, so the drivers expect to receive a car for the time when their own vehicle is being repaired – that is, at least for 45 days, while according to paragraph 1 of the same article works.

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Is the dealer obliged to provide the replacement car?

The dealer is not obliged to provide such service. The assertion can be supported by the last line 2 of paragraph 20 of the same regulatory act, which states that not all technically complex purchases are subject to replacement.

If you refer to the Government Decree № 55, adopted on December 23, 1998, you can see a list of goods that are not covered by paragraph 2 of Article 30 of the Law “On Consumer Rights”. In paragraph 1 of the list, you can see that the car refers to goods that are not subject to replacement by the seller in the event of a breakdown.

From the above it is clear that the car dealer does not have to provide a replacement car – there is no legal responsibility for refusal. A number of companies do give out a car to customers when their own vehicle breaks down. However, this is an initiative of the seller directly, not an obligation imposed by law.

Terms of Substitution

The only obligation of the dealer in case of breakdown of the sold car is to return the money paid for the low-quality car or to repair the car free of charge under warranty.

The term of the latter cannot be more than 45 days, as is stated in Part 1 of Article 20 of the Law № 2300-1. Issue a car for replacement is carried out if the service is prescribed in the contract.

The car dealership can meet the buyer’s needs if:

the car being repaired is expensive;
the customer is highly valued by the salon;
the buyer is ready to pay for the car provided;
does not meet the deadline for repairing the car under warranty, and wants to sign a new agreement to extend it;
wants to replace the payment of penalties for overdue repairs with the provision of the car for temporary use;
maintains their own reputation.

Note: To oblige the dealership to provide a replacement car can only be a point with an appropriate indication in the contract of sale. But such policy of loyalty may be met only with the largest car companies.

Conditions of granting

The provision of a car for a fee usually does not cause objections from the car dealers. Quite often the vehicle is given for a day, if the client makes a reasonable request to the salon.

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But the car owners have a lot of difficulties when they ask for a longer term without extra charge.

Usually to get another car while their own is being repaired, the customer must meet a number of requirements of the car dealership. Their list depends on the organization’s policy, but the most common ones include:

The use of the car is not possible, or is associated with a risk to the vehicle or the health of its owner.
Repairs are carried out at an official dealer service station.
The customer has notified the organization in advance of the need to provide the car.
The repair period does not exceed 45 days.

Such terms are usually prescribed in the paragraph of the contract of sale, regulating the procedure of granting the car instead of being repaired. Also it is obligatory to document them at reception of the temporary car.

Warning! It is better to find out in advance as many details as possible, connected with the use of the replacement car. It is necessary to find out not only about the terms of provision and possible extra charge for the use of the car, but also about the consequences in case of unforeseen accident or unexpected car breakdown.

Documents to be provided

Since the substitution procedure is not strictly regulated by the law, the list of the documents necessary for its implementation can vary.

Usually the car dealership requires providing a minimum number of papers. These include:

passport of the applicant;
Request for a replacement car, drawn up in writing;
Vehicle purchase agreement;
Agreement on transfer of the purchased car for warranty repair, with obligatory indication of terms.

Substitute car under KASKO

Owners of such insurance can count on obtaining a temporary vehicle directly from the insurance company. Such an obligation is specified in the insurance contract.

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Owners of “Premium” car insurance packages should not worry about getting a car. Usually, when buying them, the clause about obtaining a replacement vehicle is prescribed directly in the contract with the insurer.

Note: Formation of Motor Hull Insurance does not influence the terms of vehicle’s replacement directly from official dealer. However it is easier to receive a car for a period of time, when executing an expensive insurance.

Replacement car with MTPL

The insurance policy does not give the owner any advantages when getting a replacement car.

Even among additional services provided by the insurer under such policies, there is no possibility to provide a car in case the client’s car is sent for repair.

That is why the possibility to get a temporary car depends exclusively on the dealer’s loyalty.

Situation abroad

Abroad, the practice of providing a means of transportation when sending the car in for repair is more common than in Russia. In the US, car dealers have their own fleet of cars, which provides temporary cars for drivers if needed.

However, it is not possible to take a vehicle with the same features as the one sent for repair, even abroad. Often the owner will receive a mid-range car and of course not a new one.

In what cases the dealer has the right to refuse

Common reasons are:

The absence of a clause in the contract on the provision of a temporary car;
Absence of own car fleet.

It should be taken into account that the automobile dealer is responsible for refusing the request of the client only if there is a reference to the obligation of substitution services in the agreement.

Received refusal, what to do?

If the salon refused to provide a car, you can use the paid service of hiring a car from any fleet, and then try to get compensation for the money spent. The greatest chance of reimbursement is available if the car dealer overstayed the time specified in the law of performance of obligations to repair.

Making a claim

To force the dealer to reimburse the costs incurred, you should take care of drawing up a special written document. It specifies the following information:

The name of the company that sold the car;
date of purchase;
the cause of damage;
Date of sending the car to the service center;
The day of the request to the dealership to issue a replacement car;
reason for the dealer’s refusal.

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The application must be accompanied by all the payment documents for the car, the purchase agreement, and the service book.

Where to send the document?

One copy of the claim is sent to the showroom. An employee, who receives the document, puts a mark on the copy that remains with the client about the receipt of papers.

After that, you have to wait a little while. Sellers prefer to meet the customer’s demand, especially if they do not want to pay a penalty.

Chances of a positive outcome for us

If there is no reaction from the salon, the consumer can apply to the Rospotrebnadzor and the court. However, if there is no point on the temporary provision of a car in the contract and the term of warranty repair dealer did not violate, then the chances of a positive outcome are small.

Experience of Substitute Car Provision by Major Manufacturers

Large firms with a large number of vehicle sales deals solve the problem with a replacement car in advance.

Ford’s website states that it will provide a replacement for the repaired vehicle under all conditions. However, the class and specifications of the issued vehicle may differ significantly from the owner’s car for the worse.

The largest suppliers, such as Mercedes or Jaguar, prefer to put a replacement clause in the standard vehicle sales agreement in advance.

It is more difficult for the clients of Skoda to get a temporary car. Before making a decision, the manufacturer insists on a comprehensive expertise, the results of which are satisfied (or rejected) the request.