Legal relations arising between the contractor and the customer (consumer) during the manufacture and installation (installation) of plastic windows are regulated by the Civil Code of the Russian Federation, Law of the Russian Federation No. 2300-I “On the Protection of Consumer Rights”, Decree of the Government of the Russian Federation of August 15, 1997 No. 1025 “On approval of the Rules for consumer services in the Russian Federation.”
Plastic windows must meet the requirements established by the Interstate Standard GOST 30674-9 “Window blocks made of polyvinyl chloride profiles. Technical conditions" (put into effect by Decree of the State Construction Committee of the Russian Federation dated May 6, 200 No. 37).
Window fittings must comply with the requirements established by the Interstate Standard GOST 30777-2001 “Turning, tilting and tilt-and-turn devices for window and balcony door units. Technical conditions" (put into effect by Decree of the State Construction Committee of the Russian Federation dated May 7, 2002 No. 19).
Installation seams must comply with the requirements established by the National Standard of the Russian Federation GOST R 52749-2007 “Window installation seams with vapor-permeable self-expanding tapes. Technical conditions" (approved by order of the Federal Agency for Technical Regulation and Metrology dated September 24, 2007 No. 251-st)
Consumer rights when selling low-quality windows (windows with defects) or performing work using low-quality materials. Violation of window delivery deadlines.
In accordance with Article 34 of the Law of the Russian Federation “On the Protection of Consumer Rights”: the contractor who provided the material to perform the work is responsible for its inadequate quality in accordance with the rules on the seller’s liability for goods of inadequate quality. In this case, he will be responsible for the material of inadequate quality in the same way as the seller (manufacturer) or another organization performing the functions of the seller - for the inadequate quality of the product, i.e. in accordance with Articles 18-24 of the Law of the Russian Federation “On Protection of Consumer Rights”.
The Contractor is also responsible for the quality of the material when providing services. According to paragraph 27 of the Decree of the Government of the Russian Federation of August 15, 1997 N 1025 “On approval of the rules of consumer services for the population in the Russian Federation”, the contractor who provided the material for the provision of the service (performance of work) is responsible for its quality in accordance with the rules on the seller’s liability for goods of inadequate quality in in accordance with civil law. According to paragraph 10 of the specified Rules for Consumer Services, the contractor is obliged to apply (use) to fulfill the order a material whose compliance with the established requirements is confirmed by a document (certificate, declaration of conformity), if this compliance is subject to mandatory confirmation according to the legislation of the Russian Federation.
Consequently, the time frame within which the consumer’s requirements must be satisfied when performing work from material of inadequate quality will also be determined on the basis of the provisions of the Law relating to the sale of goods of inadequate quality - Art. 20-22 of the Law of the Russian Federation "On the Protection of Consumer Rights".
This section deals with that part of the contract that applies mainly to the product itself and the materials used in the installation of windows.
So, the consumer’s rights when defects are discovered in a product (a defect in a window or poor-quality materials used in its installation):
According to paragraph 1 of Article 18 of the Law of the Russian Federation “On the Protection of Consumer Rights”, the consumer, in the event of detection of defects in the product, if they were not specified by the seller, at his own choice, has the right:
demand replacement with a product of the same brand (same model and (or) article) - a maximum period of 30 days for satisfaction;
demand a replacement for the same product of another brand (model, article) with a corresponding recalculation of the purchase price - 30 days for satisfaction;
demand a proportionate reduction in the purchase price - a maximum period of 10 days for satisfaction;
demand immediate, free of charge elimination of product defects - a maximum period of 45 days for satisfaction;
demand reimbursement of costs for their correction by the consumer or a third party - a maximum period of 10 days for satisfaction;
refuse to fulfill the purchase and sale agreement and demand a refund of the amount paid for the goods. At the request of the seller and at his expense, the consumer must return the defective product - a maximum period of 10 days for satisfaction;
In this case, the consumer also has the right to demand full compensation for losses caused to him as a result of the sale of goods of inadequate quality.
These claims may be made if they are discovered during the warranty period.
If the seller (performer) violated the terms for eliminating defects in the goods, the deadline for demanding a proportionate reduction in the purchase price of the goods, reimbursement of expenses for correcting defects in the goods by the consumer or a third party, returning the amount of money paid for the goods, as well as a requirement for compensation for losses caused to the consumer, due to the sale of goods of inadequate quality, or the provision of inadequate information about the product, as well as for failure to comply (delay in fulfillment) of the consumer’s request to provide him with a similar product for the period of repair (replacement), the seller (manufacturer, authorized organization or authorized individual entrepreneur, importer) who committed such violations, the consumer pays a penalty (penalty) in the amount of one percent of the price of the goods for each day of delay.
The price of a product is determined based on its price that existed in the place where the consumer’s demand should have been satisfied by the seller (manufacturer, authorized organization or authorized individual entrepreneur, importer), on the day of voluntary satisfaction of such a demand or on the day of a court decision, if the demand was not voluntarily satisfied.
In case of failure to comply with the consumer's requirements within the time limits specified above, the consumer has the right, at his choice, to present other requirements established by Article 18 of the Law of the Russian Federation “On the Protection of Consumer Rights” (see Article 23 of the Law of the Russian Federation “On the Protection of Consumer Rights”).
Consumer rights if the window delivery deadline is missed.
According to paragraph 1 of Article 23.1 of the Law of the Russian Federation “On the Protection of Consumer Rights”, a purchase and sale agreement, which provides for the consumer’s obligation to pre-pay for the goods, must contain a condition on the period of transfer of the goods to the consumer.
transfer of the paid goods within the new period established by him;
refund of the amount of advance payment for goods not transferred by the seller.
In this case, the consumer also has the right to demand full compensation for losses caused to him as a result of violation of the deadline for the transfer of prepaid goods established in the sales contract.
In case of violation of the deadline established by the purchase and sale agreement for the transfer of prepaid goods to the consumer, the seller pays him a penalty (penalty) for each day of delay in the amount of half a percent of the amount of prepayment for the goods. The penalty (penalty) is collected from the day when, according to the purchase and sale agreement, the transfer of the goods to the consumer should have been carried out, until the day the goods are transferred to the consumer, or until the day the consumer’s demand for the return of the amount previously paid by him is satisfied. The amount of the penalty (penalty) collected by the consumer cannot exceed the amount of advance payment for the goods (Clause 3, Article 23.1 of the Law of the Russian Federation “On the Protection of Consumer Rights”).
Consumer rights in case of violation of deadlines for window installation work or improper performance of this work
Consumer rights if the deadlines for completing window installation work are violated.
In this section we will talk about the consequences of the contractor violating the deadlines for completing the work and the scope of the consumer’s rights when deficiencies are discovered in the work performed on window installation.
In accordance with Article 28 of the Law of the Russian Federation “On the Protection of Consumer Rights”, if the contractor violated the deadlines for completing the work - the start and (or) completion dates for the work, and (or) intermediate deadlines for the completion of the work or during the execution of the work it became obvious that it was not will be completed on time, the consumer, at his choice, has the right:
Consumer rights in case of improper performance of window installation work.
In accordance with Article 721 of the Civil Code of the Russian Federation:
If the consumer discovers shortcomings in the work performed, then, in accordance with Article 29 of the Law of the Russian Federation “On the Protection of Consumer Rights,” he has the right to demand, at his choice:
free elimination of deficiencies in the work performed - the period for eliminating deficiencies is determined by law as reasonable (for example: 7 days);
a corresponding reduction in the price of the work performed - a maximum period of 10 days for satisfaction;
free production of another thing from a homogeneous material of the same quality or repeat work. In this case, the consumer is obliged to return the item previously transferred to him by the contractor - the satisfaction period established for urgent completion of work, and if such a period is not established, then within the period established by the contract;
reimbursement of expenses incurred by him to eliminate deficiencies in the work performed on his own or by third parties - a maximum period of 10 days for satisfaction.
Satisfying the consumer's demands for the work to be repeated does not relieve the contractor from liability in the form of a penalty for violating the deadline for completing the work.
The consumer has the right to refuse to fulfill the contract for the performance of work and demand full compensation for losses if, within the period established by the contract, the shortcomings of the work performed are not eliminated by the contractor. The consumer also has the right to refuse to fulfill the contract for the performance of work if he discovers significant deficiencies in the work performed or other significant deviations from the terms of the contract.
The consumer also has the right to demand full compensation for losses caused to him in connection with deficiencies in the work performed.
The consumer has the right to make claims related to defects in the work performed if they are discovered during the warranty period, and in its absence, within a reasonable time, within two years from the date of acceptance of the work performed.
If significant defects in the work are identified, the consumer has the right to make a demand to the contractor to eliminate the defects free of charge if he proves that the defects arose before he accepted the result of the work or for reasons that arose before that moment. This requirement may be presented if such defects are discovered after two years from the date of acceptance of the work result, but within the service life established for the work result, or within ten years from the date of acceptance of the work result by the consumer, if the service life is not established. If this requirement is not satisfied within twenty days from the date of its presentation by the consumer or the detected defect is irreparable, the consumer, at his choice, has the right to demand:
a corresponding reduction in the price for the work performed;
reimbursement of expenses incurred by him to eliminate deficiencies in the work performed on his own or by third parties;
refusal to fulfill the contract for the performance of work and compensation for losses.
What to do if consumer rights are violated?
If a consumer's rights are violated, he must submit a written complaint to the seller (performer).
How to make a claim?
The claim can be submitted either directly to the seller or sent by mail.
1. When submitting a claim directly, it is drawn up in 2 copies. One copy is transferred to the seller (manufacturer, performer). On the second copy, the seller (executor) must write his full name, signature and the date of filing the claim (date of filing the claim). The second copy remains with you as proof of your claims.
2. If the seller (manufacturer, performer) refuses to accept the claim, then you must send the claim by registered mail with notification. The claim is sent to the legal address of the enterprise or the registered address of the entrepreneur. Also, the claim can be sent to the place where the contract was concluded (the actual location of the organization). The place (address) of concluding the contract must be indicated in the contract.
If your legal requirements are not satisfied, you have the right to appeal to the COURT.
CONSULTATIONon consumer protection issues you can get at the Consultation Center for Consumers of the FBUZ "Center for Hygiene and Epidemiology in the Ryazan Region" , located at the address: Ryazan, st. Ostrovskogo, 51 a, office. 304. (tel. 92-97-80), and also by calling the toll-free hotline: 8-800-200-10-62
The cause of drafts, low levels of heat or sound insulation can be several reasons: poorly made windows, installation, complaints about which appeared immediately after installation of the structures, as well as the desire of buyers to save on components. Moreover, today the last point is mentioned less and less when explaining the unsatisfactory performance characteristics of products, since buyers, taught by collective life experience, try not to purchase economy-class models and place orders only from trustworthy manufacturers. As a result, low-quality windows can most often end up with a client for two reasons - as a result of a manufacturing defect or due to incorrect installation. This article will explain in detail what buyers need to do in such situations.
Determining the root cause
If immediately or for some time after the windows were installed in the house, problems arose with their operation, you need to understand what exactly caused this. When there are no obvious traces of marriage or defects, it is recommended to use a special method of profile structures. Read how to do this on OknaTrade. If during the inspection no violations are revealed, then you should carefully check the correctness of the installation - there is also a detailed article on this topic. For those who doubt their abilities, you can invite an independent expert - sometimes in such situations, customers immediately turn to the consumer protection society, but a considerable part of buyers decide to act independently.Seasonal deformations of an unreinforced profile or the absence of inert gas in a double-glazed window can generally be detected only in winter due to sudden drafts or critical heat loss. Due to lost time, difficulties may arise when filing claims, so many experts recommend installing windows not in the summer, but. This allows you to not only quickly identify all the shortcomings, but also save a lot of money.
What to do when the cause of problems with windows is identified
If the whole problem is in the installation, you can first try to amicably resolve the issue with the installers. To do this, contact a company representative or team leader and explain the essence of the problem. Responsible organizations value their reputation and prefer not to lead to a scandal. Practical experience shows that normal installers will arrive at the site within the agreed time frame and fix any problems that arise.
In cases where such actions are ineffective and installers ignore informal requests from the window customer, the claim can force unscrupulous performers to change their behavior. In this case, the complaint should be written not just in the form of a chaotic narrative, but according to certain rules:
- the claim must be drawn up in 2 copies, one of which remains with the customer, and the second is transferred to the contractor;
- the complaint must first indicate the exact name and address of the organization that took on the order;
- do not forget to leave your contact information – full name, phone number and address;
- describe the essence of the problem concisely and in great detail, but there is no need to list all the defects - it is enough to indicate the main drawback;
- specifically and unambiguously indicate in the claim what exactly the contractor must do - return the funds, make a discount on the products or replace the windows with new ones;
- indicate the time range within which the contractor is obliged to solve the problem - usually the period is 10 working days;
- date and subscribe.
Sample complaint for poor quality installation of plastic windows
When submitting a complaint to the contractor, you must attach copies of sales receipts and the contract, and it is also recommended to insure yourself in case the complaint is ignored. In this case, under favorable circumstances, an important document will turn into useless paper. To avoid this, it is best to send your claim by registered mail. In this case, the delivery service will be able to confirm delivery of the complaint if necessary.
When submitting a claim, it would not be superfluous to remind you that the next stage of solving the problem is litigation. Such information has a sobering effect on contractors, since they immediately understand how far the client is ready to go in defending their consumer rights.
What to do if your complaint is ignored
If within the specified time frame the complaint about poor-quality plastic windows is ignored, and the company’s representatives either avoid contact or refuse to eliminate the deficiencies in various forms, it is necessary to resort to a statement of claim. When submitting, it must indicate:- the exact address of the organization whose employees provided poor-quality services;
- name of the court;
- your own contact details;
- Full name of the head of the organization - it is in his name that the claim is filed;
- a brief and clear description of the essence of the problem;
- results of an independent examination and an agreement with checks.
Winning such a case in court if you have all the supporting documents is not so difficult. Some customers are afraid of a corruption component, but this is exactly the case when it is easier for the defendant to satisfy the plaintiff’s demand than to get involved in dangerous and expensive adventures.
A claim is filed in court only after the expiration of the deadline, which was allotted in the claim for eliminating the defects. Before this date, the application will not be accepted and will not be considered.
What to do if the problem is in the windows themselves
If the essence of the problem is in the profile structures themselves, and not in the quality of their installation, it is recommended to act in a similar way - verbal appeal and writing a complaint in case of refusal to resolve the issue. However, there are cases when a claim must be written immediately:- windows, the sample of which in the company’s showroom differs from the models delivered to the site;
- profiles have a gray tint or yellow spots with streaks;
- The fittings work disgustingly, and traces of corrosion are visible on the surface of the mechanisms.
Photo: In case of significant deficiencies, the consumer has the right to terminate the contract with the company, and it is obliged to return the money
Now, probably, every second apartment in Khabarovsk has plastic windows. Unfortunately, they are not always installed efficiently. Citizens regularly express dissatisfaction with the work of window companies. Most often, customers are not bothered by poor-quality fittings, unexpectedly discovered cracks, or the freezing of frost on windows in winter. Consultant of the city department for consumer rights protection Tatyana Kochubeeva spoke about what to do if you are not satisfied with plastic windows.
Before agreeing to install windows, pay attention to the contract, advises a consumer protection specialist. - It must indicate the terms and dates of manufacture and installation of the product. Also pay attention to whether the company provides a warranty period for installation work. If it is not there, you should think about whether to order windows from such a company or choose another one.
You should also pay attention to the sketch of your future window, which should be attached to the contract, continues Tatyana Kochubeeva. - There are cases that the mosquito net was not installed where the customer wanted or the window dimensions do not correspond to the stated ones. To prevent this from happening, check all the window details on the sketch.
However, most often, window defects are discovered only over time. Even a slight change in the color of the profile or a crack that suddenly appears, “crying windows” is already a reason to think that the manufacturer did the work in bad faith. Sometimes it happens that everything is fine with the windows, but the company let us down with the installation - the installation panel is sticking out foam , the frames were warped and cracked in places. All this is a reason to present a claim to the company, concludes Tatyana Kochubeeva, consultant of the city department for consumer rights protection.
Ekaterina Podpenko
Where to begin
To force a company to redo its work, you need to file a claim. It should indicate what exactly you require: replace the window or return the money. According to the law on consumer protection, you have the right to choose - either to demand the elimination of deficiencies or to reduce the cost of a poor-quality service.
How to write a complaint
The claim must be written in free form. State the essence and list of requirements. Other documents must be attached to the claim: a copy of the receipt, a contract for the purchase of goods/services, as well as a copy of the warranty coupon and, very preferably, a photo of all detected defects. The period for consideration of your application is 10 days.
If all else fails
Rarely, there are cases when a company is in no hurry to correct its mistakes, delays in compensating for losses, or does not respond to claims at all. This is usually the case with small companies. Then you will have to go to court. Be sure to attach copies of all checks, coupons, contracts, in short, all documents related to the case to the statement of claim. In this case, a quality examination will help confirm the presence of deficiencies. If the experts have made a conclusion that confirms your claims, the likelihood of a favorable outcome for you is very high.
In case of significant deficiencies, such as “crying” windows or frost freezing on them, the consumer has the right to terminate the contract with the company, and it is obliged to return the money.
The service life and quality of plastic windows directly depend on the professionalism of the specialists who will install them. It is qualified workers who will not only perform the installation efficiently, but will also give certain guarantees for the work performed. What is the threat? improper installation of plastic windows? Let's try to figure it out together.
There is no way to save money on installation, because incorrect window installation can be costly. When installing a plastic window, the buyer, in most cases, pursues two main goals - economical heat conservation and reliable protection from external noise. But, all these desires can be reduced to zero due to poor quality and incorrect installation. What are the most important window installation mistakes?
Poor installation of plastic windows leads to drafts that circulate throughout the apartment, as well as such extremely unpleasant phenomena as mold and dampness. The most important reason for the appearance of dampness in the room is the problem of “fogging” of windows. This occurs due to incorrect calculation of the position of the window in the opening. This parameter is very important for the correct calculation of the “dew point” for a window opening. If the window is moved too far outside the opening, the inner glass will become very cool and the window will fog up heavily.
It is also worth mentioning that the window frame is installed too deep. In this case, there is a possibility of ice or condensation appearing during the cold season.
For example, unskilled installation can lead to sagging of the sashes. This occurs due to improper installation of the pads under the double-glazed window. As a result of such an error, the strength of the installation is compromised, which leads to a decrease in the thermal insulation and noise absorption of the window, and its installation loses its meaning. Poor installation leads to failure of the fittings, and this is also an important phenomenon.
It is also possible for the sashes to rub in and not fit tightly due to the installation of the window “out of level”. A crookedly installed window unit is one of the most unpleasant causes of window failure. The design mechanism will work with difficulty, the sashes will soon fray, and their fit will become loose. And the result of such an oversight will be the fact that the window will let water through. Unfortunately, the only way to eliminate such a breakdown is to completely dismantle and reinstall the plastic window.
But sometimes even a window that is level can become skewed in the future tense. Why does this happen? This is all due to the excessive thriftiness of the installer, who arbitrarily reduces the number of fastening points. As a result of such actions, the window block will be skewed with the same consequences as described above. This problem can be eliminated by increasing the number of fastening points or, in the most difficult cases, you will still have to dismantle it.
Also due to poor sealing of installation seams, owners of plastic windows may encounter the problem of water accumulation in the drainage gutter. The consequence of such unforgivable negligence will be water leaking into the room.
There are also cases of windows blowing out. This happens due to the same distortion or deflection of the window frame, or due to poor-quality sealing of the installation seam. The presence of a gap between the window block and the slope in winter will lead to unwanted freezing of the slopes.
Eliminating this problem is quite problematic; you need to remove the old foam and foam the seams again. But it is not recommended to do this yourself; it is better to entrust such an operation to a specialist.
Many people also often make a mistake related to the window sill. They limit themselves only to its delivery, ignoring the advice of specialists. Violating the rules when installing a window sill is also fraught with unpleasant consequences: freezing of the room, sagging of the window sill, and the presence of condensation.
Window deformation occurs due to shrinkage of the building, the appearance of cracks on the wall, and from powerful wind loads.
Of course, from all that has been said, you need to draw the right conclusions and trust only proven and high-quality experts in their field. But, you should not neglect the rules of operation and care of plastic windows. If the window is installed in accordance with all the required parameters, then the service life of the window now depends only on the actions of the owner.
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