What is an expiration date, service life and a warranty period?
assume the Right of the consumer for quality of goods (work) not only transfer to the consumer of qualitative goods, but also establishes guarantees of maintenance of these goods in operating state, and also assigns to the producer (performer) certain obligations to the consumer in this sphere.
It is known that goods or work cannot be used eternally, sooner or later they, alas, break and it is necessary to leave them. To define what term of use of goods is considered normal, the Act of the Russian Federation “ About consumer protection “ enters the concept “ service life “ , defining it as the period of time during which the manufacturer (performer) undertakes to provide to the consumer an opportunity to use goods (work) for designated purpose and bears responsibility to the consumer for the essential shortcomings which arose in goods on it, the manufacturer (performer), to fault. This term can be defined by both the temporary period, and other units of measure (kilometers of run of the car, for example, etc.) . Duration of service life is defined by the manufacturer proceeding from types of the used materials, technological capabilities, design features, a way of processing therefore similar goods of different producers can meet different expiration dates.
As appears from the formulation of the law, establishment of term is the right, but not a duty of the manufacturer. If the manufacturer for any reasons does not consider necessary to establish service life on the goods made by it, then according to the requirements established by the law he will bear responsibility for the harm done by goods within 10 years from the date of transfer of goods to the consumer.
Proceeding from interests of safety of citizens, the Act of the Russian Federation “ About consumer protection “ establishes the rule according to which if the goods (work) after certain time can pose hazard to life, health or property of consumers, then establishment of service life on these goods (results of works) becomes the obligatory requirement for the manufacturer.
As not it is possible to apply provisions of the law about service life to any goods, the concept " is entered; expiration date “ , i.e. the period of time after which the goods (work) are considered unsuitable for use to destination. This term without fail has to be established on food, parfyumerno - cosmetic goods, medicines, goods of household chemicals and other similar goods. Sale of goods expired or goods on which in defiance of requirements of the legislation the expiration date is not established is not allowed.
Any new goods pass a certain period “ accustomings “ during which its features or shortcomings can come to light. In order that period “ accustomings “ was painless least for the consumer, the law provides the right of the manufacturer (performer) to establish on goods (except service life or an expiration date) a warranty period.
The warranty period is the period of time during which the manufacturer assumes the raised obligations to consumers, for example, undertakes to eliminate at own expense the arising defects, and in certain cases and to replace goods with new.
The trading companies, trying to attract clients, provide them different additional services. And here guarantee maintenance got quite wide circulation. The law grants to sellers the right to establish an additional guarantee. This guarantee can be established only over the warranty period determined by the manufacturer. The seller can raise additional payment for the right to use a guarantee, but has to provide to the consumer the choice - to acquire goods with such additional guarantee or without it.
If the goods are acquired for long use, then to the consumer are not indifferent who and on what conditions will serve goods after the termination of a warranty period. Protecting interests of citizens, the law assigns certain obligations for ensuring post warranty service of goods to the manufacturer. According to requirements of the law the manufacturer is obliged to provide repair and maintenance of goods, and also release and delivery to the trade and repair organizations of spare parts in the volume and the range, necessary for repair and maintenance. The manufacturer is obliged to fulfill this requirement during all term of production of goods, and after its removal from production - during the service life established by the manufacturer or within ten years from the moment of removal of goods from production if service life is not established.
If the manufacturer of goods of these duties does not carry out and the consumer faces impossibility to repair goods, then the consumer has additional rights, for example, the right for elimination of shortcomings at the expense of the manufacturer, and in some situations and on replacement of goods.