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The Order In Which The Claims Of Consumer Piesakām The Terms Of The Contract Without The Appropriate Goods Or Services And Goods Or Services Organize Expertise

Original Language Title: Kārtība, kādā piesakāms patērētāja prasījums par līguma noteikumiem neatbilstošu preci vai pakalpojumu un organizējama preces vai pakalpojuma ekspertīze

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Cabinet of Ministers Regulations No. 197, Riga, 28 May 2002 (pr. No 22, § 7.) the order in which the claims of consumer piesakām the terms of the contract without the appropriate goods or services and goods or service organize inspection Issued under the consumer protection law, article 27, third paragraph, (I) general question 1. determines the order in which the piesakām consumer's claim about inadequate provisions of the contract goods or services (hereinafter the claims) and the goods or services organize expertise, unless otherwise specified in the legislation of the other arrangements.
 
 
II. application Claims 2. consumer logs on to claim the manufacturer, seller or service provider. If it does not appear from the circumstances of the case, the legal person applying for a claim, provide evidence that the purchased goods or services received for the purposes of its use, which is not directly related to its business.
3. the manufacturer, seller or service provider is obliged to accept and consider the consumer's claim. Consumer claims may be expressed orally or submit in writing.
4. Where a manufacturer, seller or service provider refuses to fulfill the consumer's oral claims in relation to the goods or services does not comply with the terms of the contract or the claim to the limits, the manufacturer, seller or service provider is obliged to inform the consumer of the right to submit a written application for the claim.
5. the consumer in writing of the claim submitted the application shall state the following: 5.1 the application claims the recipient (the manufacturer, seller or service provider) name, surname (legal person — name);
5.2. the applicant claims (the consumer's) name, surname and residence address (for legal persons: the name, legal address);
5.3. goods or services found in non-compliance with the provisions of the Treaty;
5.4. the goods or providing services, leased, manufactured in the new, enhanced or modified, the applicant claims that, in submitting the application, the claim is returned to the manufacturer, seller or service provider;
5.5. the documents annexed to the application of the claim or copies of documents;
5.6. the date of submission of the claim.
6. the consumer application for the claim shall be drawn up in duplicate and shall formulate the manufacturer, seller or service provider requirements.
7. the Claims in the application, drawn up in accordance with the provisions of paragraph 5, the performance requirements prohibited by a suspended condition (formality), such as a specific size sheet, execution, desktop presentation personally.
8. application of the claim shall be accompanied by a copy of the document certifying the transaction. If the item or service is carried out inspection in accordance with these regulations, the application shall also be accompanied by the claim of expertise.
9. application for signature the applicant Claims (consumer) or its representative. If the application is signed by the applicant (the consumer's) representative, the application shall be accompanied by a mandate of the claim, proving the right of representation.
10. on receipt of the application, the claims of the manufacturer, seller or service provider is obliged to claim the second copy of the application to write the word "received" or impose "received" stamp, signature and attest to specify: 10.1. claim date of receipt of the application;
10.2. claims of the requested name and job title.
 
 
III. examination of Claims 11. Manufacturer, seller or service provider within three working days after the receipt of the claims shall provide the written response to the consumer of the decision taken with regard to the claim in the application requirements, if not bilaterally agreed on other requirements.
12. Where a manufacturer, seller or service provider agrees to comply by the consumer without the expertise of a good or service, the manufacturer, seller or service provider to notify the consumer requirement date, location and agenda. The requirement to run a seven working days after receipt of the claim, unless the parties have agreed in writing on the other.
13. Where a manufacturer, seller or service provider does not agree to meet requirements of the consumer, the manufacturer, seller or service provider is obliged to: 13.1. within three working days after receipt of the claim to submit these rules specified in paragraph 31 the application with the requirements of the institution to notify the case recommended inspection workers. The application shall specify the expertise the subject goods or services and the objectives of the inspection in accordance with paragraph 23 of these rules;
13.2. within two working days after notification of the recommended inspection processors receive: 13.2.1. sign up to one of the participants in the proposed inspection goods or providing services, leased, manufactured in the new, enhanced or modified things delivered to the inspection and inspection of the item or subject matter of these terms, or to provide the information specified in paragraph 27;
13.2.2. to inform the concerned provision under section 31, Office for inspections and by whom.
14. If the inspection findings, stating that the claims in the application of the consumer's claim is justified, the manufacturer, seller or service provider within seven working days after receipt of the opinion of the expert shall notify the consumer requirements due date, place and the agenda and implementation requirements.
15. Where a manufacturer, seller or service provider refuses to eliminate goods or services does not comply with the terms of the contract, for which expertise opinion certifying that this non-compliance is due to the fault of the consumer, and the consumer himself or with the assistance of a third person is prevented does not comply with the terms of the contract, a claim for reimbursement to the consumer by the manufacturer, seller or service provider within ten days after the correct non-compliance with the provisions of the Treaty by adding the expenditure supporting documents.
16. the manufacturer, seller or service provider looking for the consumer's claim for reimbursement is sought in accordance with this provision, paragraph 15, and three working days after receipt of documents certifying the expenses reimbursed for expenses incurred in eliminating the consumer goods or services does not comply with the terms of the contract.

17. If the consumer within six months of purchase requests under the provisions of the Treaty, the exchange of goods against the terms of the contract according to the same or equivalent item and manufacturer or seller may not meet these requirements, the manufacturer or the seller is obliged to cancel the contract and to refund the consumer the amount of money paid for the item.
18. If the consumer during the six months following the provisions of the Treaty, non-receipt of the services require the service provider to make more things from the same or the same quality material provisions of the contract or the provision of adequate services, and the service provider is unable to meet these requirements, the provider is obliged to cancel the contract and to refund the consumer the amount of money paid for the service.
19. Where a manufacturer, seller or service provider agrees to meet consumer requirements and the provisions of the Treaty do not exchange the corresponding item to the terms of the contract according to the same or equivalent goods or the provisions of the Treaty do not appropriate things instead of making more things from the same or the same quality material, the consumer is entitled to a statutory time limit from the date of the exchange of goods or made new things receipt, lodge a claim in Exchange for goods received or made new things do not comply with the terms of the contract. The manufacturer, seller or service provider, the date of the Exchange transaction to specify the supporting document.
20. Where a manufacturer, seller or service provider agrees to meet consumer requirements and prevents a product or service does not comply with the terms of the contract, the consumer has the right to lodge claims repeatedly about the goods or services does not comply with the terms of the contract the period remaining until the statutory claim of the application deadline. Law claim is excluded from the application of the time limit for a period which elapsed between the date of application of the claim to the date on which the goods or services to prevent non-compliance with the provisions of the Treaty.
21. Where a manufacturer, seller or service provider refuses to accept and consider the claims of the consumer application or refuses to fulfill the consumer's requirement that justified a certified inspection findings, or otherwise do not comply with the procedures laid down in these rules, the consumer can make a complaint to the consumer rights protection centre.
22. The consumer protection centre, in assessing the facts mentioned in the complaint and the circumstances, binding instructions the manufacturer, seller or service provider in relation to the requirements of consumers.
 
 
IV. Examination procedure 23. Goods or services carried out the inspection, to see: 23.1. goods or services comply with the terms of the contract (if not, usually, compliance with the izvirzāmaj requirements);
23.2. non-compliance with the provisions of the contract type and the emergence of causes;
23.3. non-compliance with the provisions of the contract of significance (whether the discrepancy is not lower for basic product or service quality of execution and can it be prevent, not creating visually detectable changes in goods or providing services, leased, manufactured or converted for the new, improved the external appearance of the case);
23.4. the goods or the new things made for depreciation.
24. the expertise of a good or service can sign up: 24.1. a manufacturer, seller or service provider, if the consumer's claim application;
24.2. the consumer, if the provisions of the contract of purchase is not received for the item or the corresponding provisions of the Treaty do not match service.
25. The product or service expertise expertise reviewer application made in writing, specifying that inspection must find. The application shall be accompanied by the expert rules technical documents, a copy of the contract or other documents that contain a specific expertise for the good or service being subjected to sliding. If the specified document original is submitted in a foreign language, a translation thereof in the language of the country.
26. If the inspection application does not add this provision set out in paragraph 25 of the document or the translation into the national language (if the original is in a foreign language), expertise carries when assessing the conformity of the goods or services usually izvirzāmaj requirements.
27. If the goods carried out the inspection, installation or the place of purchase or service expertise to take receipt of the site inspection at the inspection applicant application provides expertise in the reviewer's full information required expertise (for example, inspection, time, especially in terms of access).
28. The goods or services presented in the opinion of the expert in writing, specifying all the discrepancy established the terms of the contract, the nature, timing and importance as well as goods or providing services, leased, manufactured in the new, enhanced or modified use of depreciation. On the objectivity of the result of the expertise of the person responsible, which signed the inspection findings. Reviewer expertise gives these rules specified in paragraph 31, the authorities requested information on the inspection and the results.
29. the inspection costs, applying expertise covers the inspection applicant. Expertise the applicant who paid reviewer expertise on inspection costs, is entitled to require that the claims involved in the examination of the application for the other party to repay the direct inspection expenses if its merits from the point of view of the inspection findings.
30. If the claim involved in the examination of the application for the other party refuses to reimburse the applicant for direct inspection expertise, expertise in the applicant shall recover it in accordance with the procedure prescribed by law.
31. The consumer protection centre or other authority which has competence in the area of market surveillance: 31.1. within the limits of its competence creates, maintains and updates the database for possible inspection processors;
19.4. within five working days, inform about the particular case recommended by whom, if the expertise these rules specified in point 13.1 the application or the application of the consumer with the requirement to notify the operator expertise;
31.3. requests and receives information from the inspection processors for inspection and the results.
 
 
V. concluding questions 32. the seller or service provider deploys text of these rules of trade or the provision of services to the consumer's premises in a prominent position.

33. Be declared unenforceable in the Cabinet of Ministers of 24 august 1999 rules no 299 "order in which piesakām claims on consumers without decent quality goods or services and goods or to be made in the case of inspection" (Latvian journal, 1999, no. 274).
Prime Minister a. Smith Minister of Economy a. Halloween Editorial Note: rules shall enter into force on 31 May 2002.