Three breakdowns on: is one enough?
I took my coffee machine to a repair shop that fixes everything from toasters to electric bikes. First visit: a part was replaced and I was charged for it; hope was rekindled. Second visit: another part was charged for too; hope remained, but was fading. Third visit, still nothing; the machine stubbornly refuses to heat up. The manager, looking rather embarrassed, offered me a voucher for the amount paid, valid for future repairs. There is nothing in the workshop’s terms and conditions that mentions this solution. I simply want my money back. Can he force me to accept this voucher?
D, Meyrin
No, he cannot force you to do it.
Agreeing to repair an item constitutes entering into a contract for services within the meaning of sections 363 et seq. of the Swiss Code of Obligations (CO), which obliges the repair shop to deliver a result to you – namely, the appliance restored to working order – and not merely hours of labour. This distinction is crucial. If the expected result is not achieved, you must report the fault without delay, which you did on each occasion the repair failed. Once this defect has been reported, Article 368 of the CO allows you, amongst other things, to demand that the repair be carried out free of charge within a reasonable time, in which case the repair shop must rectify the work at its own expense. However, if this repair is itself unsuccessful, the original options become available once again, and the customer may either reject the work and terminate the contract, or simply request a reduction in price.
A valid termination results in the refund of the price paid. The question of the method of payment remains. A monetary debt is to be paid in legal tender, in accordance with section 84 of the Swiss Code of Obligations, unless otherwise agreed between the parties. Replacing this refund with a credit note for future services constitutes payment in kind, which specifically requires such an agreement, in particular that of the creditor – in this case, yours – as the Federal Supreme Court has repeatedly pointed out. However, the workshop’s terms and conditions do not appear to provide for anything of the sort.
In practical terms, you can politely but firmly decline the voucher, request a refund in writing – either in cash or by bank transfer – whilst highlighting the three unsuccessful attempts to resolve the issue, and set a reasonable deadline. Keep a record of every appointment and every exchange; this will be useful if the matter needs to be taken further and documented. You have done nothing wrong in this matter; it is clearly up to the garage to sort things out.
A voucher is a promise that we’ll see you again, not a guarantee that you’ll be satisfied. After three mishaps, you’d be perfectly justified in keeping your money… and having your coffee somewhere else.
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