Agricultural Machinery Products For Repair, Replacement, Return Liability Provisions

Original Language Title: 农业机械产品修理、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/201007/20100700259020.shtml

Agricultural machinery products for repair, replacement, return liability provisions

    (March 13, 2010 State General Administration for quality supervision, inspection and quarantine, the State administration for industry and commerce, the Ministry of agriculture, the Ministry of industry and information technology, the 126th announced as of June 1, 2010) Chapter I General provisions

    First to protect legal rights of users of agricultural machinery products, improve the quality of agricultural products and service quality, specific agricultural machinery producers, sellers, repair, repair, replacement, and return (hereinafter referred to as three packs of) responsibility, in accordance with the People's Republic of China product quality law, and of the People's Republic of China agricultural mechanization promotion law and other relevant laws and regulations, this provision is enacted.

    Article agricultural products mentioned in these regulations (hereinafter referred to as agricultural products), is used for agricultural production activities related to farming and primary processing of products such as machinery and equipment.

    Article in the People's Republic of China agricultural products within the territory of production, sale, repair activities shall abide by these provisions.

    The fourth principle of who is selling and who is responsible for three bags of agricultural products.

    Sellers assume warranty responsibility after replacement or return, which belongs to the producer's responsibility, it may recover from the producer.

    Within the validity of the warranty, repair of fault causing damage, in accordance with the law and agency contracts be held responsible. Fifth article this provides producers, sellers, repairs farm machinery three packs of products liability to farm machinery user's basic requirements.

    State encourages producers and sellers, repairs made more conducive to agricultural users legal rights, stricter than the provisions of the three packs of commitment.

    Agreed by the seller and users of agricultural machinery, the seller guarantees the responsibility in accordance with the provisions and agreements shall not exempt in accordance with the laws, regulations and these provisions should fulfil its obligations. Sixth industrial Department of the State Council is responsible for the development and implementation of agricultural machinery and industrial policies and planning.

    State products quality supervision sector, and business administration sector, and mechanization competent sector in their duties range within according to this provides of requirements, according to producers of guarantees voucher sample, and products using manual and farm machinery user complaints,, established information disclosure system, on producers, and sellers and repair who of guarantees commitment, and farm machinery user concentrated reflect of farm machinery products quality problem and service quality problem to social for announced, urged producers, and sellers, and repair who improved products quality and service quality.

    Chapter II obligations of producers

    Seventh producer shall establish a farm machinery factory records system, the strict implementation of the inspection system, without inspection of agricultural products, may not be sold.

    According to law, the administration of production license or compulsory certification of agricultural products should enable production license certificate or certificates and exert a production license mark or marks.

    Eighth agricultural products should have a product certification, product manual, product warranty card random file:

    (A) products using manual should according to agricultural machinery using manual prepared rules of national standards or industry standard provides of requirements prepared, and should lists the machine in the easy loss pieces of name, and specifications, and model; products by has of using performance, and security performance, not included national standards of, its applies range, and technology performance index, and work conditions, and work environment, and security operation requirements, and warning logo or description should in using manual in the clear;

    (B) the tools, accessories, spare parts and other items included with the listing; (Three) farm machinery products guarantees voucher should including following content: products brand, and model specifications, and production date, and purchase date, and products number, producers of name, and contact address and phone, has specified sellers, and repair who of, should indicate name, and contact address, and phone, and guarantees project, and guarantees validity, and sales records, and repair records and according to this provides 24th article provides should express of content, related information; sales records should including sellers, and sales locations, and sales date and purchased machine invoice number, project

    ; Repair records should include repair time, delivery time, repairing faults, repair, return proof of change projects.

    Nineth producers should be set up in the sales area farm machinery repair outlets, signed with repair contracts agreed matters relating to farm machinery three packs of products liability law.

    Article tenth producers should ensure that within five years of the agricultural machinery products continued to provide parts and components.

    11th producers should handle farm machinery user complaints, enquiries, providing services, and timely processing of agricultural product warranty issues during the busy season.

    Chapter III obligations of seller 12th a seller shall implement incoming inspection and acceptance system, strict application of the producer business qualifications, carefully identify the agricultural product certificates, product identification, product manuals, and warranty card.

    On the implementation of the administration of production license, mandatory product certification of agricultural products, shall identify production license certificate and production license of marks, certificates and marks.

    13th sellers selling agricultural products, sales record-keeping system should be established, and in accordance with the agricultural machinery product brochures to inform the following:

    (A) the agricultural products the purpose, scope, performance and so on;

    (B) agricultural machinery between host and machines configured properly;

    (C) the agricultural product has been used mileage or travelling time and situation.

    14th sellers to deliver agricultural products, shall comply with the following requirements:

    (A) the inspection, commissioning;

    (B) delivery of the accompanying tools, accessories and spare parts;

    (C) provide financial and tax sectors produced by the unified purchase invoice, warranty card, Chinese product manuals and other accompanying documents;

    (D) agricultural machinery product warranty period and warranty express way;

    (E) provided by the producer or seller authorized to repair or delegate user's name, address and telephone number;

    (F) fill in the warranty card sellers relevant information;

    (G) carry out the necessary operations, maintenance, and safety training.

    For imported agricultural products, should also provide Customs cargo import certificates and entry of goods inspection certificate issued by inspection and quarantine organizations.

    15th seller with repair agent repair contract signed, during the term of contract warranty repair responsibility and in the busy farming season timely measures to help troubleshoot a variety of farm machinery products.

    16th seller shall properly handle the problem of agricultural product quality advice, enquiries and complaints.

    The fourth chapter the obligation to repair

    17th repair agent repair contracts with producers or sellers, in accordance with the terms of the contract, guarantee the cost of repairs and maintenance of parts used in warranty repairs within the validity period.

    Repair contract shall stipulate the producer or sales agents who provide technical information, technical training, maintenance parts and maintenance costs, transportation costs and so on.

    18th repairs shall assume warranty period of free repair service falling within the scope of this provision, in accordance with the contract accept the supervision and inspection of producers and sellers.

    19th repairers should strictly enforce the components incoming inspection system of defective parts shall be used, and do a maintenance record, record fault before repairs and repairs of product quality. 20th repairs should be complete, true, clearly and repair records.

    Repair records should include repair time, repairing faults, test results, failure analysis, maintenance and repair projects, materials and labor, as well as transportation fees, agricultural machinery users signed on; there is mileage shall be indicated.

    21st after repairs to machinery users should submit the repair of farm machinery products and repair records, test machine running normal deliveries after their use, and guaranteed repairs within the warranty period in normal use. 22nd repair common maintenance parts should be maintained a reasonable level of reserve to ensure normal progress of repair work to avoid delays due to lack of repair parts repair time.

    During busy seasons should have excluded capacities and measures for agricultural products in a timely manner.

    23rd repairers should actively carry out on-site repairs and telephone enquiry services, proper handling of user queries on the repair of agricultural machinery and repair of quality complaints.

    The fifth chapter three bags of agricultural machinery product liability

    24th agricultural products the warranty is valid for the seller to issue date of purchase invoice, three bags of validity include the whole validity of the warranty, major components warranty, wearing parts and other components warranty. Internal combustion engines, tractors, combine harvesters, transplanter machine warranty is valid and the main part of the warranty period shall be not less than the provisions set out in annex 1. Stand-alone internal combustion engine as a commodity sold to agricultural users, counts as hardware producers include major parts express on the warranty card.

    Tractors, combine harvesters, transplanter's main part consists of producer expressly on the warranty card.

    Machine warranty validity of other agricultural products, main part or system name and the quality guarantee period so that the producers express on the warranty card and valid for not less than one year.

    Internal combustion engine as an engine for agricultural products, the warranty validity and parts of quality assurance according to the agricultural products of the machine's warranty validity and implementation with main components of quality assurance.

    Agricultural machinery wearing parts and other parts of the validity of the warranty up to three bags of whole, part or system of its name and a reasonable warranty period by the producers express on the warranty card. 25th farm machinery user missing three packs of certificate but can show that the purchase of agricultural machinery products during the validity of guarantees, may apply for to fill three packs of certificate from the seller, and in accordance with these provisions to continue enjoying related rights. Seller shall, on receiving the agricultural machinery users within 10 working days after the application for a replacement.

    Sellers, three bags of producers, repairs shall not refuse to take responsibility.

    Due to seller's reason, agricultural machinery products in the purchase invoice or warranty card brand, model does not match the requested guarantees, such as farm machinery product, the seller shall not refuse to perform warranty liability.

    Transfer of ownership occurred within the validity of the warranty, warranty card and invoice of purchase transferable, users with the original warranty card and invoice of purchase of agricultural machinery continue to enjoy guarantees rights.

    26th article guarantees validity within, farm machinery products appeared quality problem, farm machinery user by guarantees voucher in specified of or agreed of repair who at for free repair, maintenance produced of work fee, and material fee and the reasonable of transport fee, by guarantees responsibility people bear; meet this provides replacement, and return conditions, farm machinery user requirements replacement, and return of, by guarantees voucher, and repair records, and purchased machine invoice replaced, and return; for quality problem to farm machinery user caused loss of, sellers should law is responsible for compensation corresponding of loss.

    27th guarantees within the validity period, agricultural products quality problem of the scope of this provision, shall repair the repair within 30 working days from the date of completion of repair work, and to ensure normal use. 28th three packs within the validity period, repair farm machinery product repaired more than 30 working days of the date is not fixed, users can choose to repair or replacement of agricultural machinery.

    Want a replacement, the seller shall be three packs of certificate, maintenance and repair records, purchase invoices for free replacement of the same model and the same specifications of the product.

    29th article guarantees validity within, farm machinery products for appeared same serious quality problem, cumulative repair 2 times Hou still appeared same quality problem cannot normal using of; or farm machinery products purchased machine of first a job quarter began 30th within, except for easy loss pieces outside, farm machinery products for same general quality problem cumulative repair 2 times Hou, and appeared same quality problem of, farm machinery user can by guarantees voucher, and maintenance and repair records, and purchased machine invoice, select replaced related of main parts or system, by sellers is responsible for free replaced.

    30th guarantees within the period of validity or agricultural product purchase the first season began in the 30th, agricultural products due to the provisions of article 29th replacement of major components or systems, and has the same quality, users can choose a replacement of agricultural machinery, the seller is responsible for the free replacement; persists after a replacement of the same quality, farm machinery user can choose to return, the seller is responsible for free returns.

    31st within the validity of the warranty in clause, in line with the stipulated conditions for replacement of major components or Exchange conditions, the seller should provide new and active main parts or the whole product and update the warranty card, replacement of the main parts of the quality guarantee period or replacement products the warranty is valid from the date of replacement recalculated.

    Eligible for return or by the seller without the same model and the same specifications to be a replacement, agricultural machinery users return, the seller shall be in accordance with the returned a full payment of the invoice of purchase.

    The 32nd due to producers and sellers are not explicitly inform the scope of agricultural products caused by farm machinery doesn't work, users of agricultural machinery in agricultural machinery product purchase the first season began in the 30th to make three packs of certificate purchase invoice and choose to return, by the seller in accordance with full refund of the invoice of purchase. Article 33rd overall warranty period, combine harvesters, tractors, seeders, transplanters products such as quality problems arise during the busy work season, at service outlets within belong to the whole or major part, repairs should be ruled out in 3rd after receiving the repair and belongs to the wearing parts or other components of quality problems, should be ruled out after receiving the repair in the 1st.

    Outside of the scope of the service outlets, busy season fault repair consultation by the sellers and users of agricultural machinery.

    State encourages agricultural machinery producers and sellers, repair activities relating to service during busy periods.

    Article 34th-guarantees within the validity period, the seller does not perform the obligation of warranty or agricultural products quality inspection or verification of needs, warranty is valid from the date of requests from users of agricultural machinery is suspended, three bags of validity in accordance with the extended the number of days of the stay, causing direct losses, compensation shall be.

    Sixth chapter release

    35th farm machinery user should be in accordance with the relevant regulations and manual operation or the use of agricultural machinery products.

    Gift of the 36th agricultural machinery products, be exempt from producers, distributors and repairers warranty responsibilities according to law.

    37th sellers, manufacturers, repair to prove one of the following situations occurs, assumes no warranty responsibility:

    (A) agricultural machinery users cannot show that the agricultural machinery products during the validity of guarantees;

    (B) the product beyond the warranty period.

    38th sellers, manufacturers, repair to prove one of the following situations occurs, involved part assumes no warranty responsibility:

    (A) for correct use, maintenance is not used in accordance with the specification, causing damage;

    (B) expressly shall not use manual modification, disassembly, modification, disassembly to change their own performance or cause damage to the machine;

    (C) after a failure, fault caused by improper disposal of agricultural machinery users unable to make technical appraisal;

    (D) other damages due to non-product quality reasons;

    (E) damage due to force majeure.

    Seventh chapter dispute

    39th product quality supervision departments and industrial and commercial administration departments, departments should warranty seriously issues related to the quality of agricultural mechanization supervision.

    Producers are not in accordance with the provisions of article 24th express obligations or by express intention of evading responsibility, product quality supervision departments to be dealt with according to law.

    Seller does not fulfill warranty obligations in accordance with this, industrial and commercial administrative departments to be dealt with according to law.

    Maintenance not in accordance with the provisions of warranty obligations, by the Department of agricultural mechanization be dealt with according to law.

    40th farm machinery user warranty liability disputes with sellers, manufacturers, repairers, can be carried out in accordance with the principles of fairness, honesty and credit consultation.

    No settlement, agricultural machinery users can register with the local administration for industry and commerce, quality supervision departments complaints or complaints from the agricultural mechanization Department set up agencies or consumer protection organizations reflect the situation according to law, the parties request mediation, mediation.

    41st because of warranty responsibility of negotiation or mediation, users of agricultural machinery in accordance with the People's Republic of China provisions of the Arbitration Act for arbitration, may also directly bring a lawsuit.

    42nd quality inspection or verification is required, users can delegate shall obtain the qualification of farm machinery agricultural machinery product quality inspection institutions to conduct quality inspection or identification.

    Quality requirements for inspection or verification in accordance with laws, regulations, or mutually agreed solutions.

    The eighth chapter supplementary articles

    43rd article of the rules the following terms mean: Quality problems in these rules refers to in the case of fair use, the use of agricultural machinery product performance does not conform to product status expressed in the instructions for use; or agricultural products should have not have the performance or products do not meet the producers of agricultural machinery in agricultural machinery or its packaging marked on product standards.

    Quality problems include:

    (A) the serious quality problems, refers to the importance of agricultural products can decrease and exceeded the relevant standard or express the scope of agricultural machinery product main components of scrap or repair costs or higher and must be replaced; or agricultural product failure under normal use conditions influence the quality of personal safety issues.

    (B) general quality problems, refer to other serious quality problems, quality issues, including the quality of wearing parts, but does not include farm machinery agricultural machinery products in accordance with the instruction manual repair, maintenance, adjustments or maintenance methods can I use random tools, you can exclude minor faults.

    Internal combustion engines, tractors, combine harvesters, transplanter, serious quality problems, see the provisions of annex 2.

    Agricultural products in these rules a user (referred to as agricultural users), are engaged in agricultural production activities purchased, the use of agricultural machinery product of citizens, legal persons and other organizations. Producers in these rules refers to production, Assembly and modification of agricultural machinery product enterprise.

    Agricultural machinery dealer or importer as the producer bear the corresponding warranty responsibility. Sellers in these rules, and delivered directly to the users of agricultural machinery in the name refers to its agricultural products and collect payment, issuing units or individuals purchase invoices.

    Producers to sell agricultural products directly to users of agricultural machinery were almost identical in these provisions, the seller.

    Fixed in these rules, and is concluded with a producer or seller agent contracts during the validity of guarantees, to provide farm machinery maintenance, repair of farm machinery units or individuals.

    44th agricultural products for non-agricultural activities related to quality problems arising from compliance with the law of repair, replacement or refund conditions, refer to this regulation.

    45th article of the rules by the State administration of quality supervision, inspection and quarantine, the State administration for industry and commerce, the Ministry of agriculture, the Ministry of industry and information technology and the duties is responsible for the interpretation. 46th article of the regulations come into force on June 1, 2010.

    March 12, 1998, the State economic and Trade Commission, the State Bureau of technical supervision, administration for industry and commerce, the Ministry of internal trade, machinery industry, issued by the Ministry of agriculture agricultural machinery product repair, replacement, return liability provisions (economy and trade quality [1998]123) repealed simultaneously.

    Annex 1: internal combustion engines, tractors, combine harvesters, transplanter machine three bags of validity as well as the names of main parts, the quality guarantee period

    One, the internal combustion engine: (refer to internal combustion engine as a commodity to sell to users of agricultural machinery)

    1. machine warranty period

    ① engine: single cylinder cylinder 1 year 9 months

    II petrol engine: two-stroke, four-stroke 3 months 6 months

    2. main parts warranty

    ① engine: cylinder, single-cylinder, 1.5-2 years years

    II petrol engine: two-stroke, four-stroke 1 6 months years

    3. main components should be included: engine block, cylinder heads, flywheels, etc.

    Second, tractors:

    1. machine warranty period

    Large and medium tractor (18-kilowatt) 1 small tractor 9 months

    2. main parts warranty

    2 years for large and medium tractors, tractor 1.5 years

    3. main components should be included: engine block, cylinder head, flywheel, rack, gearbox, axle housings, gear housing, differential case, final drive box, brake hub, drawing board, improving housing, and so on.

    Third, combine:

    1. machine warranty period: 1 year

    2. the major component warranty: 2 years

    3. main components should be included: engine block, cylinder heads, flywheels, rack, gearbox body, clutch shell, such as steering gear, final drive gear box.

    Four, transplanters:

    1. machine warranty period: 1 year

    2. the major component warranty: 2 years 3. major components should include: rack, gearbox, the gear box, a planting arm, engine block, cylinder head, crankshaft, etc.
    Annex 2: internal combustion engines, tractors, combine harvesters, transplanter, serious quality problems
┌────────────┬─────────────────┬────┐
│          名称          │           严重质量问题           │  序号  │
├──┬─────────┼─────────────────┼────┤
│ │ │ Speed internal combustion engine led to serious engine damage ¦ 1 ¦
│ │ │ Body cracks, caused by leakage of trachoma, osteoporosis, strong spiral ¦ 2 ¦
│    │                  │栓孔滑扣等损坏                    │        │
│    │气缸盖            │裂纹、损坏                        │   3    │
│    │飞轮壳            │裂纹                              │   4    │
│    │气缸套            │裂纹、断裂                        │   5    │
│    │曲轴              │断裂、键槽开裂                    │   6    │
│ │ │ Balance shaft fracture cause serious engine damage ¦ 7 ¦
│ 燃 │连杆、连杆盖      │断裂                              │   8    │
│ 机 │连杆螺栓          │断裂                              │   9    │
│    │活塞销            │断裂                              │   10   │
│    │飞轮              │破裂                              │   11   │
│ │ │ Fracture due to engine intake and exhaust door damaged ¦ 12 ¦
│ │ │ │ Valve spring fracture cause serious engine damage 13 │
│    │凸轮轴            │断裂                              │   14   │
│ │ │ Pump damage cause the engine to overheat damage ¦ 15 ¦
│ │ │ Oil pump damaged caused engine oil cylinder lock w ¦ 16 ¦
├──┼─────────┼─────────────────┼────┤
│    │机架              │断裂、严重变形                    │   1    │
│    │前桥              │损坏                              │   2    │
│ │ │ Gearbox assembly scrapped (many damaged important parts) ¦ 3 ¦
│ │ │ Rear axle Assembly scrapped (many damaged important parts) ¦ 4 ¦
│ │ │ Transmission out of gear and many times ¦ 5 ¦
│    │离和器壳          │裂纹或损坏                        │   6    │
│ 拖 │变速箱体          │裂纹或损坏                        │   7    │
│ 拉 │半轴壳体          │裂绕或损坏                        │   8    │
│ │ │ │ 9 crack or damage final drive box │
│    │轮轴              │损坏或裂纹                        │   10   │
│    │悬架              │损坏或裂纹                        │   11   │
│    │转向臂            │损坏或裂纹                        │   12   │
│    │制动毂            │损坏或裂纹                        │   13   │
│    │贮气筒            │损坏                              │   14   │
│    │牵引装置          │损坏                              │   15   │
Section │ │ │ diesel engine failures and internal combustion engines with serious quality problems table ¦ 16 ¦
├──┼─────────┼─────────────────┼────┤
│    │机架              │裂纹、严重变形                    │   1    │
│    │割台              │严重变形                          │   2    │
│    │割台输送螺旋半轴  │断裂                              │   3    │
│    │钉齿滚筒齿杆      │断损                              │   4    │
│ │ │ Rollers rotate disk corruption caused thresher body damage ¦ 5 ¦
│    │逐稿器键簧        │断损                              │   6    │
│ 联 │逐稿器曲轴        │断损                              │   7    │
│ 合 │滚筒无级变速盘    │损坏                              │   8    │
│ │ │ Marks resumption rods bolts led to threshers damage ¦ 9 ¦
│ 割 │离合器壳体        │破损                              │   10   │
│ 机 │传动(分动)箱    │损坏                              │   11   │
│    │变速箱体          │裂纹                              │   12   │
│    │差速器壳体        │裂纹                              │   13   │
│    │最终传动壳体      │损坏                              │   14   │
│    │半轴              │断损                              │   15   │
Driven wheel rims │ │ │ cracks lead to tire burst, damage ¦ 16 ¦
│    │驱动轮轮胎        │脱落                              │   17   │
Section │ │ │ diesel engine failures and internal combustion engines with serious quality problems table ¦ 18 ¦
├──┼─────────┼─────────────────┼────┤
│    │机架              │断裂、严重变形                    │   1    │
│    │变速箱            │乱档、脱档                        │   2    │
│    │变速箱体          │裂纹                              │   3    │
│    │传动箱            │裂纹、损坏                        │   4    │
│ 插 │轴承座            │损坏                              │   5    │
│ 秧 │插植臂            │裂纹、损坏                        │   6    │
│ 机 │秧箱              │损坏、严重变形                    │   7    │
│    │输入轴            │断损                              │   8    │
│    │输出轴            │断损                              │   9    │
│    │仿形机构          │功能失效                          │   10   │
│    │液压系统          │功能失效                          │   11   │
Part │ │ │ engine failures and internal combustion engines with serious quality problems table ¦ 12 ¦ └──┴─────────┴─────────────────┴────┘