How to claim a penalty for overdue warranty repairs

When this applies

In Kyiv, a product is often bought at a chain re­tail­er and taken to a sep­a­rate service centre. This raises an ev­i­den­tiary ques­tion: who re­ceived the request for a free repair, when they re­ceived it, and whether that service provider was au­tho­rised. Before count­ing days, check the receipt, war­ran­ty card, and service centre intake record.

This guide covers a request to remedy a product defect free of charge under war­ran­ty. If a product is in good con­di­tion but simply does not suit you, follow the sep­a­rate ex­change pro­ce­dure. If you already have con­firmed dates and the price, open the penalty cal­cu­la­tor, but do not treat it as a sub­sti­tute for ev­i­dence. A delay in ordered work or ser­vices in Kyiv follows a dif­fer­ent claim process and is not cal­cu­lat­ed under the 1% of the product price rule.

What deadline or procedure applies

Under Article 8 of Law No. 1023-XII, in force as of 2 October 2026, a defect must be reme­died within 14 days from the date the request is made unless the parties agree on a dif­fer­ent period. The law pro­vides for a penalty of 1% of the product price for each day the request is overdue. You can mark the pre­lim­i­nary 14th day as D + 14, where D is the prov­able request date. Ar­ti­cles 253–254 of the Civil Code may affect the legal de­ter­mi­na­tion of the final day, in­clud­ing when it is a non-working day; check this sep­a­rate­ly.

For example, if the request was made on 1 Sep­tem­ber and there was no other agree­ment, the cal­cu­la­tor will compare it with the pre­lim­i­nary date of 15 Sep­tem­ber. If the repair was com­plet­ed on 19 Sep­tem­ber, the arith­metic gives four days after that date. For a product priced at UAH 12,000, the pre­lim­i­nary cal­cu­la­tion is UAH 480. This does not es­tab­lish that a par­tic­u­lar person is liable or guar­an­tee re­cov­ery of the full amount.

What to do step by step

1. Doc­u­ment the defect and make a written request for a free repair. Include the model, serial number, de­scrip­tion of the fault, and date.
2. Give the request to the seller, man­u­fac­tur­er, or prop­er­ly au­tho­rised service provider. Keep a signed copy, postal records, or other re­li­able proof of receipt.
3. Obtain an intake receipt for the product and check the model, ac­ces­sories, con­di­tion, date, and record­ed dead­line. Do not sign an unclear change to the dead­line before check­ing it.
4. If a service centre at a dif­fer­ent address from the Kyiv seller took the product, send a copy of the claim to the proper re­cip­i­ent shown in your doc­u­ments and keep proof of de­liv­ery. Do not rely only on an in-app store no­ti­fi­ca­tion.
5. Use the return report to es­tab­lish the actual com­ple­tion date. If the repair is ongoing, cal­cu­late the amount as of a clearly spec­i­fied review date in Europe/Kyiv.
6. Prepare the claim with the se­quence of dates, a ref­er­ence to Article 8, the product price, 1% for each day, and the total to the nearest kopeck. Attach copies of the records and keep proof of de­liv­ery.
7. If there is no re­sponse or payment, check the com­pe­tent con­sumer pro­tec­tion au­thor­i­ty and the proper court using current of­fi­cial sources. Con­sid­er the other party’s ob­jec­tions and the pos­si­bil­i­ty that a court may reduce the amount.

What to check before submitting

For Kyiv and the oblast, do not assume that the name of a retail outlet iden­ti­fies the de­fen­dant. Check the seller’s legal iden­ti­ty on the receipt, the service centre’s au­thor­i­ty, the date the request was ac­cept­ed, every change to the dead­line, and the actual date the product was re­turned.

Also check whether the war­ran­ty period was active, whether a dif­fer­ent dead­line was agreed, and whether there is proof that the repair was ac­tu­al­ly com­plet­ed. Do not include days before the final dead­line in your cal­cu­la­tion. If that date fell on a non-working day, do not draw an au­to­mat­ic con­clu­sion without check­ing Ar­ti­cles 253–254 of the Civil Code and the cir­cum­stances of per­for­mance.

When to consult a lawyer

If the Kyiv seller and service centre blame each other, a lawyer can help iden­ti­fy the right re­cip­i­ent, check the cal­en­dar cal­cu­la­tion, and as­sem­ble the ev­i­dence. Before filing, verify the con­sumer pro­tec­tion au­thor­i­ty, court, and their current details in of­fi­cial reg­is­ters.

You should also seek legal advice if the defect itself, request date, product price, service centre’s au­thor­i­ty, or delay period is dis­put­ed. Under Article 551 of the Civil Code, a court may reduce the penalty; a repair delay alone does not guar­an­tee a refund of the full product price. Before making a new request, check whether Law No. 3153-IX has entered into force.