Household Automotive Products For Repair, Replacement, Return Liability Provisions

Original Language Title: 家用汽车产品修理、更换、退货责任规定

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Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/gwybmgz/201303/20130300385465.shtml

Household automotive products for repair, replacement, return liability provisions

    (December 29, 2012, State administration of quality supervision, inspection and quarantine announced as of October 1, 2013, 150th) Chapter I General provisions

    First in order to protect the legitimate rights and interests of family car consumer products, clear household vehicle repair, replacement, return (hereinafter referred to as three packs of) responsibility, in accordance with the relevant laws and regulations, this provision is enacted.

    Article in the People's Republic of China family car products production and sale in three bags, these provisions shall apply. Provisions of this article is the basic requirement of three bags of household automotive products liability.

    Encourage family car products to do more to safeguard the rights and interests of consumers of stricter than the provisions of the three packs of commitment; once the commitment is made, shall perform. Warranty liability by the seller in the fourth article of the rules he shall bear.

    Seller in accordance with three bags of bear responsibility, responsibility of the producers or other operators ' responsibility, the seller shall be entitled to recourse against the producers and other operators.

    Household automotive products between the operator may enter into contracts of three bags of responsibility, shall not infringe upon the legitimate rights and interests of consumers, be exempt from warranty responsibility and quality of their obligations under these provisions.

    The fifth family car products consumers and managers exercising their rights and performing their duties or responsibilities shall follow the principle of good faith, not fraud.

    Household automotive products the operator shall not intentionally delayed or refused without good reason consumers in accordance with the provisions of the warranty liability requirements.

    Sixth the State General Administration of quality supervision, inspection and quarantine (hereinafter referred to as AQSIQ) is responsible for the coordination and oversight of the implementation management; established household automotive products warranty information publicity system, and can be inspected by the relevant authority in accordance with law to establish family car product warranty information, undertake work related to information management.

    Local quality and technical supervision departments at all levels are responsible for the present provisions in the administrative area of coordination and supervision and management.

    Article seventh all relevant departments, agencies and their staff to carry out its mandated responsibilities within the knowledge of the trade secret law and personal information confidential.

    Chapter II producer obligation

    Eighth article producers must strictly enforce the inspection system without qualified household automotive products, not ex-factory sales.

    Nineth record producers producers shall provide the AQSIQ information, vehicle information, conventions, sales and repair of network information, product manuals, instruction manual, warranty card, maintenance warranty liability disputes and exchange information about product warranty information such as family cars, and update the record when the information changes.

    Tenth household automotive products should have a Chinese product certificate or relevant certificates and product manuals, instruction manual, warranty card, maintenance files. Product brochures shall comply with the instructions for use and other requirements set out in national standard of consumer goods.

    Household automotive products the use of performance, security, not provided for in the standards, the performance indicators, work conditions, work environment and other requirements should be expressed in the product manual.

    Guarantees voucher should including following content: products brand, and model, and vehicles type specifications, and vehicles recognition code (VIN), and production date; producers name, and address, and postal code, and customer service phone; sellers name, and address, and postal code, and phone, sales dot information, and sales date; repair who name, and address, and postal code, and phone, repair dot information or related query way; household car products guarantees terms, and repair period and guarantees validity and according to provides requirements should express of other content.

    Maintenance manual format specification, content should be practical.

    Tools, spare parts and other items supplied with the car, list of articles should be accompanied by a vehicle.

    Chapter III obligations the seller

    11th a seller shall establish and implement incoming inspection and acceptance system, once household automobile product certification and other relevant certificates and other identification.

    12th sellers selling domestic car products, shall comply with the following requirements:

    (A) delivered qualified household automotive products to consumers and an invoice;

    (B) in accordance with vehicle inventory, vehicle documents delivered to consumers with tools, spare parts and other items;

    (C) verifying the family car's appearance, Interior quality inspection and other conditions;

    (D) express and deliver the product instruction manual, warranty card, maintenance manuals and other vehicle documents;

    (V) explicit family car product warranty provisions, the warranty period and warranty is valid;

    (F) expressed by the producers agreed to fix name, address, and telephone number information on repair outlets, but not limit consumer choice in the above repair outlets repair;

    (VII) fill in the warranty card for sales information;

    (VIII) reminds consumers to read the safety precautions, according to the product's instructions for use and maintenance.

    For imported household automotive products, sellers should also express and deliver the goods customs import certificates and entry-exit inspection and quarantine certificate of imported motor vehicle inspection certificate and other information.

    Fourth chapter repair obligations 13th repair repair records filing system should be established and implemented.

    Repair records should be in writing in duplicate, one copy, one available to consumers.

    Repair records shall contain the repairing time, mileage, maintenance problems, examination results, repairs, replacement parts and name and number of the project, materials, work and work, drag freight, provides extra information or transport cost compensation amounts, delivery time, repairers and consumers such as signature or seal.

    Repair records should be accessible to consumers access or copying.

    14th repairs should keep the parts required to repair a reasonable level of reserve to ensure normal progress of repair work to avoid delayed due to lack of parts and repair time.

    15th for domestic producers of automotive repair parts should be provided or authorized and qualified components, and quality not less than domestic car production on the Assembly line of products.

    16th in the family car product warranty period and warranty period, family car products by product quality problems or serious security failure and cannot or unable to drive safely, telephone repair services should be provided; telephone service cannot be resolved, on-site repair services should be conducted, and assume a reasonable amount of vehicle shipping.

    Three bags of the fifth chapter responsibilities 17th family car product repair period is not less than 3 years or 60,000 km mileage, whichever is the first household product warranty expiry date not less than 2 years or 50,000 km mileage, whichever is first.

    Household automotive products warranty period and warranty valid from date on which the seller issuing purchase invoices.

    18th in the family car product repair period, the family car product quality problems arise, consumers with three packs of certificate are free repairs by the repair (including labor and material costs). Family car from the seller issued from the date of purchase invoice within 60 days or within 3000 km mileage (whichever is first), product quality problems, the main components of the engine, consumers can choose a free replacement engines, transmissions.

    Engine, transmission, main parts of the species range from producers express on the warranty card, its broad scope should comply with the relevant national standards or requirements, specific requirements shall be separately prescribed by the State administration of quality supervision. Household automotive products easy wear parts and components in its product quality problems within the warranty period, consumers can choose to free replacement of wear parts. Easy to wear and tear parts of species range and the quality guaranteed by the producers express on the warranty card.

    Producer Express is easy to wear and tear parts of species ranges shall comply with the relevant national standards or requirements, specific requirements shall be separately prescribed by the State administration of quality supervision.

    19th in the family car product within the warranty period, due to product quality repairs at a time (including repair of spare time) more than the 5th, should provide consumers with spare car, or pay compensation for reasonable transportation costs. Repair time from consumers and repair determine repair time, to complete repair time.

    Repair time less than 24 hours at a time, to 1st.

    20th in the family car three packs of products within the validity period, meets the conditions for replacement or return of these provisions, consumers with warranty card, purchase invoices by sellers replacement or return.

    Family car from the seller issued from the date of purchase invoice within 60 days or within 3000 km mileage (whichever is first), family car product steering system failure, brake system, body cracking or leakage of fuel, consumers choose to replace the family car or return of the product, the seller shall be responsible for the free replacement or returns.

    Household automotive products warranty period, one of the following situations occurs, consumers choose to replace or return the goods, the seller shall be responsible for replacement or refund:

    (A) 2 times today due to serious safety failures repair serious safety failures has not ruled out or there is a new and serious security failure;

    (B) the cumulative replaced after 2 engine, transmission, or the same major engine, transmission parts for its quality, today replaced 2 times and still does not work, number of engines, transmissions and its main parts without double counting;

    (C) the steering system, braking system, suspension system, front/rear axle, one major part of the body because of its quality, today replaced 2 times and still does not work properly;

    Steering system, braking system, suspension system, front/rear axle, main parts of the body by the producers explicitly on the warranty card, its broad scope should comply with the relevant national standards or requirements, specific requirements shall be separately prescribed by the State administration of quality supervision.

    21st in the family car product warranty period, repair time for a product quality issue more than 35 days, or cumulative repaired more than 5 times for the same product quality problems, consumers with three packs of certificate, purchase invoices, the seller is responsible for the replacement.

    The time occupied by the following circumstances not included in the provisions of the preceding paragraph the repair time:

    (A) according to vehicle identification number (VIN) custom security systems, full vehicle wiring harness and other special parts of the transportation time types range from producers of special parts expressly on the three packs of certificate;

    (B) out of time occupied by a relief road.

    22nd article in the family car three packs of products within the validity period, meets the conditions for replacement, seller shall promptly furnish consumers for a new qualified products of the same brand same model family car; same brand same model family car-free product replacement, seller shall promptly furnish consumers replacing household automotive products of no less than the original configuration.

    23rd article in the family car product warranty is valid, replaced conditions are met, the seller, no products of the same brand same model family car, is no less than the original car replacement for configurations of family car products to consumers, consumers can choose to return, the seller shall be responsible for the return for the consumer.

    24th in the family car three packs of products within the validity period, meets the conditions for replacement, seller shall, consumers want a replacement within 15 working days from the date of issue to consumers replacing household automotive products certified.

    Family car three packs of products within the validity period, meets the conditions for return, the seller shall be from the date of consumer return 15 working days to issue a car back to prove to consumers, and for consumer prices returned a one-time payment of our invoice.

    Family car replacement or return of the product shall be in accordance with the relevant laws and regulations for vehicle registration and other related procedures.

    25th replacement or return in accordance with this article, consumers should pay for the reasonable compensation using household automotive products, the seller should be replaced free of charge, return, except in accordance with this. Rational use of compensation costs is calculated as: ((vehicle price (Yuan) x miles (km))/1000) Xn.

    Using compensation coefficient n by the producer according to the family car use of the product, usage and other factors in between 0.5% and 0.8% to determine and express in the warranty card.

    Family car replacement or return of the product, taxes in accordance with the relevant provisions of the State. 26th in the family car product warranty is valid in the consumer replacement or return of the written request, the seller shall be from the consumer a written request is received replacement or return within 10 working days of the date, the written replies.

    Fails to reply or not complying with the requirement for replacement, return, seen as deliberately delayed or refused without good reason. 27th lost family car consumer product warranty card, the seller, the producer shall, on receiving the consumer within 10 working days after the application for a replacement.

    After consumers, producers applying for the three packs of certificate from the seller, you can continue to enjoy the corresponding rights in accordance with this.

    Household automotive products was replaced in accordance with this, sellers, producers shall provide consumers with a new warranty card, family car product warranty period and warranty is valid from the date the replacement recalculated.

    In the family car repair and warranty are valid within family transfers ownership of the product, three packs of certificate should vehicles be transferred, three bags of responsibility does not change due to transfer of car ownership.

    Article 28th of bankruptcy, merger, Division, change, their guarantees responsibility in accordance with the relevant provisions of laws and regulations.

    Sixth chapter guarantees exemption from liability

    29th easy wear parts beyond producers express warranty of product quality problems arise, the operator can not take the family car under three packs of products liability.

    30th in the family car product within the warranty period and warranty is valid, one of the following circumstances exists, operators on the issues related to product quality, assumes no warranty responsibility under:

    (A) household automotive products purchased by consumers has been written is flawed;

    (B) household automotive products used for rental or other operating purposes;

    (C) expressly shall not be modified in the user manual, adjusting, dismantling, but consumers own modifications, adjustments, damage caused by the demolition of;

    (D) the product quality problem occurs, consumers to deal with damage caused by improper;

    (E) because the consumer is not in accordance with the instructions require the proper use, maintenance and repair products, resulting damage;

    (Vi) damage due to force majeure.

    31st in the family car product within the warranty period and warranty is valid, without a valid invoice and warranty card, the operator assumes no warranty responsibility under.

    The seventh chapter of disputes over

    32nd family car three packs of products liability disputes, consumers and dealers settled according to law to third parties, such as consumer protection organizations at all levels of social intermediary agencies requesting mediation; according to law to administration of quality and technology supervision departments, and other relevant departments dealing with complaints.

    Household automotive products warranty responsibilities Parties to the dispute is unwilling to negotiate, mediation or negotiation, mediation cannot agree, you can apply for arbitration under the agreement, or a people's Court according to law.

    Article 33rd should properly address the issue of consumer household automotive products guarantees advice, enquiries and complaints.

    Operators and consumers should actively cooperate with the quality and technology supervision departments, and other relevant administrative departments and institutions such as the family car of three packs of products liability disputes.

    34th Provincial quality and technical supervision departments can establish household automotive products warranty responsibility dispute settlement technical advisory staff, provide technical advice for dispute; agreed by the parties to the dispute, you can select a technical advisory staff involved in disputes, technical advisory staff advisory fees by the parties through consultation.

    Operators and consumers should be household automotive products with the quality and technical supervision Department guarantees the responsibility dispute settlement technical advisory staff building, recommend technical advisory staff, to provide the necessary technical advice.

    35th quality technology supervision departments dealing with three bags of household automotive products liability disputes, carried out in accordance with product quality complaint handling regulations.

    36th dealt with three bags of household automotive products liability disputes, related products need to be tested and certified in accordance with product quality inspection and product quality verification provisions of arbitration.

    The eighth chapter penalty

    37th in violation of the provisions of article Nineth, warning, rectification, fines of between 10,000 yuan and 30,000 yuan.

    Violation of the provisions of article tenth of the 38th article, constitute violations of the relevant laws and regulations, shall be punished in accordance with law; do not constitute violations of the relevant laws and regulations, with a warning, rectification in serious cases, fines of between 10,000 yuan and 30,000 yuan.

    39th in violation of the provisions of article 12th, constitute violations of the relevant laws and regulations, shall be punished in accordance with law; do not constitute violations of the relevant laws and regulations, with a warning, rectification in serious cases, fines of between 30,000 yuan.

    40th violation the rules of the 13th, 14th, 15th or 16th article, with a warning, rectification in serious cases, fines of between 30,000 yuan.

    41st of the three packs of responsibilities in accordance with this provision shall be ordered to correct and shall be announced to the public.

42nd administrative punishments provided for in these provisions, by the quality and technology supervision departments above the county level departments according to law, in the terms of reference, and violations recorded in the quality credit profile.

    ~22, the Nineth chapter supplementary articles

    43rd article of the rules the following terms mean:

    Household automotive products, is the consumer purchased for consumption needs and use of passenger cars.

    Passenger cars, refers to the relevant national standards for passenger cars except private passenger cars. Producers refers to the People's Republic of China territory lawfully established production of household product and issue certificates on behalf of the unit.

    People's Republic of China imported household automotive products sold to the unit as a producer.

    Sellers, refers directly to customers in their own name sales, household automotive products and collect payment of delivery, invoiced unit or individual.

    Repair, repair contract is concluded with a producer or seller agent, pursuant to an agreement to provide consumers with home units or individual automotive repair services.

    Operators, producers and sellers, providing sellers with other sellers of the product, repair, and so on.

    Product quality problems, refer to household automotive products influence the normal use, inability to use, or product quality and the quality of regulation, standards, Corporate Express does not meet the conditions.

    Serious security failure refers to household automotive products endanger the personal and property safety, product quality problems, leaving consumers unable to safely use household automotive products, including safety devices cannot play its proper protection or fire hazards.

    In accordance with the provisions of article 44th replacement, return home again sales of automotive products, shall be subject to inspection and express the car is "three shifting back" and the reasons for replacement or return.

    "Three shifting back" three bags of responsibility in accordance with the contract provisions.

    45th article of the provisions concerning information about the system as well as information management, producers and record information, three bags of responsibility for disputes specific requirements such as technical advisory staff management shall be separately prescribed by the State administration of quality supervision.

    46th article of relevant laws and administrative regulations on household automotive products repair, replacement, refund, otherwise provides, from its provisions.

    47th article of the rules by the State General Administration of quality supervision, inspection and quarantine is responsible for the interpretation. 48th article of the regulations come into force on October 1, 2013.