C A C U A TO R S
Protection of rights
Buyers of agricultural machinery buyers
(Information of the Verkhovna Rada of Ukraine (VR), 2003, N 38, pp. 315)
{With changes under the Laws
N 5463-VI ( 5463-17 ) 16.10.2012, VCE, 2014, N 4, pp. 61
N 124-VIII ( 124-19 ) 15.01.2015, OVR, 2015, N 14, pp. 96}

This Act governs the relationship between buyers
agricultural machinery and their producers, sellers,
works and services from the technical service, establishes the rights
and the duty of buyers, determines the mechanism for the implementation of
protection of buyers, duties and responsibility of producers,
sellers, work artists, services.
Section I
GENERAL PROVISIONS
Article 1. Term Definition
In this Act, the terms are used in this way:
Safety of agricultural machinery, works, services
The technical service is the lack of any risk to life,
health, property of the buyer and the natural environment for
the usual conditions of their use, storage, transport and
Disposal;
The performer is a legal or physical person who performs
and provides maintenance services for another person with the purpose of
Profit of profits
manufacturer-legal or physical entity (enterprise,
organization, institution, citizen entrepreneur)
machines to implement, representing themselves by the manufacturer, as well as
any other person who imports machines into Ukraine ' s territory for
Trade or other activities;
warranty strings, set by the manufacturer of the machine,
during which, in the case of appropriate use and
storage, machine, including complex products and components.
parts of it, must meet the requirements of the legislation and during
which the manufacturer, the seller, the performer perform the guarantee
Obligations;
The dealer is a legal or physical person who, performing functions
A seller, makes the purchase of machines for the next sale and
Provides services on a technical service;
contract-an agreement between the buyer and the manufacturer, the seller,
executive with quality, terms, price and other conditions under which
Buying and selling machines, performing work and providing
Services;
a substantial flaw is a flaw that makes it impossible or
invalid use of machines, robots, services according to their
Target target
agricultural machine-all kinds of equipment and equipment
For the Agro-Industrial Complex;
drawdown-a separate disparity of the machine, robots, services
The requirements of normative documents or conventions;
The seller is a legal or physical entity (enterprise,
organization, institution, citizen entrepreneur) that implements
The machines or wills;
A buyer is a legal or physical person who uses,
Buy, order or intend to purchase or order a car,
Work, service
technical service-complex work and services facilities
Buyers of agricultural machinery, efficient use
and maintaining them in good condition throughout the period
Operation.
Article 2. Ukraine's legislation on the protection of the rights of buyers
Agricultural machinery
Ukraine's legislation on the protection of the rights of buyers
Agricultural machinery consists of this Act and other
the acts of legislation that are issued according to it.
Article 3. International treaties
If the international treaty of Ukraine, consent to duty
which is given by the Verkhovna Rada of Ukraine, other rules established,
than those in the legislation of Ukraine on the protection of the rights of buyers
Agricultural machinery, rules applied
international treaty.
Chapter II
THE RIGHTS OF BUYERS OF AGRICULTURAL MACHINERY
AND THEIR PROTECTION.
Article 4. Rights of buyers of agricultural machinery
Purchases of agricultural machinery that are on
territory of Ukraine, during purchase, order or use
machines, works, services from the technical service for production
Agricultural products are entitled to:
free choice of seller of the machine and ways of its delivery, as well as
Work, services from the technical service;
information about machines, their producers and the resources of the works,
Services from the technical service;
safety for their lives and health, the environment
and property purchased by machines or executed works, services by ordinary
conditions of their use, storage, maintenance, transport
And recycling;
the proper quality of machines and works, services from the technical service;
Damages caused by machines, robots, services
of the technical service of the inappropriate quality, as well as the maize and
Moral (non-mine) harm caused by dangerous (harmful)
for life and health of people by machines, robots, services with
The technical service in cases stipulated by the law;
Appeal to court, state bodies, local authorities
self-government, civil rights organizations
Right. {The paragraph of the seventh article 4, as amended by
Act N 5463-VI 5463-17 ) 16.10.2012}
Article 5. State protection of buyers ' rights
Agricultural machinery
1. The State ensures the protection of the stated articles 4 of this
Law of the Rights of Agricultural Machinery buyers and the possibility of
acquisition or receiving other legitimate ways of machines, works,
services on the technical service in volumes that provide their needs
for the organization of production of agricultural products.
2. State protection of customers ' rights, services users
of the technical service within its competence
the central executive body that provides the formation
public policy on the protection of consumer rights, central
organs of the executive branch, which implements state policy in the fields of
State Monitoring of the Protection of Human Rights Legislation
The Council of Ministers of the Autonomous Republic of
Crimea, other executive bodies, local authorities
Self-government, as well as judicial bodies. {Part of the second Article 5 in the edition of Act N 5463-VI ( 5463-17 )
16.10.2012}
Article 6. Right of buyers of agricultural machinery
The choice of a car salesman, a work artist,
Services on Technical Service
1. Purchase of agricultural machinery is granted to the right
free choice of seller of the machine and ways of its delivery and
the work of work, services from the technical service.
2. Sales of machines, running work, provision of services
only on a contractual basis.
Article 7. The right to buy agricultural machinery
to information
1. Purchase of machinery is entitled to the right to obtain the necessary,
available, reliable and timely information about machines,
work, services that provides the possibility of their competent
selecting.
Information should be provided to buyers before acquiring them
Cars or orders, services.
Information about the machine, the work, the service must contain:
Machine name;
The number of legal acts that should be required
Meet agricultural machinery, robots, services;
data on the basic properties of machine, work, services, conditions
usage and storage, safety warnings
use, as well as other information distributed to a specific
A car, a job, a service;
information about the possibility of being harmful to health
Working conditions with machine and countering on its application;
the price, terms and rules for the acquisition of machines, execution
Work, provision of services;
Production date;
Warranty of the manufacturer's obligations;
rules and conditions of efficient and secure use of machines,
Work, services;
a machine resource, information about the necessary actions of the buyer after it
end, as well as possible consequences in the case of non-execution of these
Actions;
naming and address of manufacturer, performer, seller and
enterprises which undertake their functions to make claims
from buyers, as well as work, provide services with
-Technical service.
The buyer must also provide information about the presence of
Documentation of machines, works, services
The General Assembly, {Paragraph of the fourteenth part
first Article 7 in the edition of Act N 124-VIII ( 124-19 ) From
15.01.2015}
2. Information provided to be part of the first of this article,
have been added to the famous buyers by the manufacturer, the seller, the artist in
The accompanying documentation added to machines, on labels, a
also by labeling or other way (in accessible naom form),
For individual types of machines, works, services.
3. If granting an inappropriate, incomplete or untimely
information about the machine, work, service and about the manufacturer,
The artist, the seller, caused the following:
acquisition of machines, robots, services that do not have the necessary
customer properties, the buyer has the right to terminate the treaty and
To demand damages to the damage caused by the authorities;
inability to use purchased machine, work, services
By appointment, the buyer has the right to request a term not more than
The month of providing proper information. If information is due
the term is not granted, the buyer has the right to terminate the treaty and
Demand reparations;
harm to life, to health, to the master of the buyer;
has the right to offer a seller, the manufacturer, the executive of the requirements for
Damages in order stipulated by law or
by the treaty.
4. Strikes, caused by customer, robots, services,
acquired by unfair advertising, to be subject to
The guilty party is in its entirety.
The seller is not exempt from liability in case of
to do not receive it from the manufacturer (importer) of the relevant information
About the car
Article 8. Right of buyers of agricultural machinery
safety of machines, works, services
service
Requirements for machines, works, services about their safety for life,
the health and property of buyers, as well as the natural
environments are established by laws and other regulations
Acts.
Article 9. Right of buyers of agricultural machinery
the proper quality of machines, works, services
service
1. Purchase of machines, customers, services from technical
service has the right to require a manufacturer, a seller, a performer,
to buy them machines executed by the works provided by the services
Corresponded to treaties, regulations and regulations.
2. Purchase when detecting the flaws in the car during
warranty line in order and row established by law or order.
contract, have the right of their choice to require a manufacturer,
the seller of machines and the executive of work and services from the technical service:
(a) Failure to eliminate the drawbacks of the vehicle or reimbursement
costs to remove them by a buyer or executive of work, services from
-Technical service and damage management;
b) giving them (from delivery to place) for the time of repair of the necessities
A similar brand machine (model, modification);
(c) the return of a malfunctioning machine to remove
Deficiencies in production and damages;
(g) Replacement of vehicle to new if the manufacturer's fault machine has
significant flaws (three consecutive third-group failure groups), and
Damages;
(g) Return of the non-leathing machine, return of funds,
Reparation and dissolution of the treaty. Requirements specified in
of this part, regarding the machinery in use and implemented
other buyer, warranty lines that are not over,
are satisfied with the condition of the timely message of the manufacturer,
The owner's change.
3. Help customers set up as part of the second of this article,
are charged by selecting a buyer ' s production, seller
place to buy a car, production, seller or dealer
(enterprises that perform their functions) by location
The buyer.
4. In case of detection of significant flaws of the machine (exit from the bench)
the basic parts which are running all the lines
amortization) during a string of amortization the buyer has the right to
To show the manufacturer for the removal of such a
No problem.
Article 10. Right of buyers of agricultural machinery
Damage to machinery,
robots, services of an inappropriate quality
1. Shame, inflicted on life, health or the master of the buyer
machines, robots, services containing constructible, manufacturing plants,
or other shortcomings, are subject to the damages in full, if
otherwise not provided by law.
2. The right to request damages to be harmed
for each victim, regardless of whether he or
not in a contractual relationship with the manufacturer, the performer,
The seller. This right is stored during the established row
Operation.
3. Responsibility before the buyer for the damage stated in
part of the first of this article, carrying a side that has caught her.
Article 11. The rights of buyers of an agricultural machine in
The Convention on the Convention on the
performing work, providing maintenance services
service
1. Customers have the right to refuse to negotiate
work, providing services from technical service and to demand
Damages, if the performer does not proceed to the
execute the contract or do the work so slow to finish
It is not possible to select it in the string defined.
2. If during the execution, the provision of services will become
apparent that they shall not be executed under the terms of the treaty,
Buyers have the right to assign the appropriate line to
eliminating the drawbacks, and in case of non-compliance with this requirement
lines-break the contract and demand damages or
Tasked with fixing the flaws in the third person at the expense of the performer.
3. In case of the detection of malnutrition in the work performed, given
The buyers will have the right for their choice to demand:
The urgent removal of the shortcomings of the work done,
The service
the appropriate reduction in the price of the executed work provided
Services;
The unpaid re-execution of the work;
Damages to the loss of deficiencies
Work done, with services to its forces or with the involvement of
Third person.
The required requirements are to be satisfied if they are detected
The drawbacks of the work done, provided by the service, or
during its execution, providing, and in case of detection
No medication while taking the executed work, provided services-
during warranty or other line set by the treaty
or by law.
4. In the presence of the works, the services of substantial retreat from
the terms of the contract or other substantial weaknesses of the buyer have the right to
require a contract to be terminated and damages.
If substantial retreat from the terms of the contract or other substantial
The flaws were found in the work, the service done with
using spare parts, nodes, aggregates, materials,
purchase, buyers have the right to demand their choice or
performing it from spare parts, knots, aggregates, materials
The executive order, or the dissolution of the contract and reparations.
The requirements for this section may be presented
In the case of non-legal and non-legal
acts or conditions of the treaty.
5. If a performer does not perform, stroll the execution of the work,
providing services according to the contract, it ' s for every day (hour,
if the duration of the execution is determined in hours)
Pays a buyer indecent of three percent of the value
Unimplemented work, services unless otherwise stipulated by a contract.
The payment of a non-counter resource that is set in the case of non-execution,
execution of execution or other inappropriate execution
commitment, does not release it from fulfilling an obligation to
On tour.
6. On violation of the terms of the treaty and other disadvantages in the work,
the service that could not be detected in the usual way of its
acceptance, the buyer is required to notify the executor not later
the three days after their detection.
7. Treaty states that limit the rights of the buyer
Agricultural machinery compared to the rights established
Laws are not valid. If the result
the application of terms of contract limiting the rights of the buyer, the buyer
damage caused, then they must be repulsed by the guilty person in the
Okay, full volume.
Chapter III
LIABILITY AND ACCOUNTABILITY
PRODUCERS, VENDORS, PERFORMERS AND BUYERS
AGRICULTURAL MACHINERY
Article 12. Duties of manufacturers, sellers, resources
Customer selection
Manufacturers, sellers, work artists do not have rights
to prevent buyers from freely selecting the seller and the means of delivery
machines, as well as the resources of work, services from the technical service.
Article 13. Duties of manufacturers, sellers, resources
provide reliable information
1. Manufacturers, sellers, performers are required in a timely manner
provide customers with the necessary and reliable information about
machines, robots, services, in volume according to Article 7 of this
The law.
2. Manufacturers are developing and providing buyers
normative and technical documentation in accordance with the legislation.
Article 14. Duties of manufacturers, sellers, resources
safety of machines, works, services
1. Manufacturers, sellers, performers are responsible for
damage caused by life, health or property of the buyer, according to
Right.
2. Manufacturers, sellers, performers exempt from
Liability, if they prove that the harm is made of guilt.
of buyers as a result of the violation of the established rules
use, storage or transport of machines, works, services
or due to the action of the unstoppable force.
Article 15. Duties of manufacturers, sellers, resources
quality of machines, works, services
1. Manufacturers, sellers, performers are required to transfer
the buyers of the machine, the results of the work, services that are by quality
comply with the requirements of normative acts, terms of treaties,
as well as information about them.

{Paragraph 2 of the second part of first article 15 is excluded from
Law N 124-VIII ( 124-19 ) From 15.01.2015}

2. Rediscovered buyers of flaws in the car during warranty
the line of operation is subject to the removal of manufacturers, sellers,
Under the terms of the contract.
3. Subject to the purchase of a reasonable replacement requirement
the manufacturer, the seller, the enterprise that performs its functions,
are required to satisfy this requirement.
Delivery of machinery to manufacturer, seller, enterprise that
performs their functions, and their return to the buyer is carried out by forces
and the means of the manufacturer, the seller, the enterprise that performs them
functions, or for their account.
4. Under replacement of a car with a car similar to a machine
marque (model, modification) of the proper quality, the price of which
It's changed, the cost of the cost is not to fail.
When replacing an agricultural machine with drawbacks
the same agricultural car of another brand (model,
revision) the calculation of cost is due to the price of the
Whether or not to do so.
When you break the contract with the buyer, if
increase the price of the car from its cost to the
the timing of the relevant requirement, and in case of a lower price-
Based on the cost of the machine at the time of the purchase. Funds paid for
the machine returned by the buyer in the lines defined in the contract, but
no later than 7 days.
5. Buyer requirements for the removal of the vehicle
must be satisfied with the following lines:
for machinery in plant and food production-for three
It would be a failure to arrive at the time of the acquisition, if there is no
needs in broken core nodes; five dibs if such
the need is; seven days-when you need to clean and replace
basis details. For seasonal use machines, in interseason
Period-not more than twenty days;
for machines in animal life-technically possible lines, but not
more than 3 hours since the release of the failure
equipment for incubation, donating, primary recycling of milk; not
more than 5 hours-for eating equipment,
cormotry and cormorate; not more than 6 hours-for
ventilation equipment and no more than 20 hours-for
-No, no.
For every day of delay, the removal of the shortcomings is over
The customers ' lines are paid to the unsustainable in the value of the vehicle
The car's car day.
In addition, the manufacturer is required to reimburse the purchase of the damage
from simple machines, including a missed benefit in part not covered
-I'm sorry.
Method of calculating the cost size of the car and the damage
( 885-2004-p It is established by the Cabinet of Ministers of Ukraine.
6. Unfolding strips are removed by the buyer.
after determining the reason and prior agreement with the manufacturer,
by the seller, representative of the manufacturer.
After the removal, the breakdown consists of a redress document
costs for the completed work, which is transferred to the production, the seller,
the manufacturer representative for one month from the day of the bar.
7. Letter to the buyers of the machines at the time of repair of the necessities
machines they are given (with delivery) capable vehicles of similar brands
(Models, Modifications). For this, manufacturers, sellers, performers
They're obligated to foresee the exchange of machines.
For every day of delay, the requirements for the delivery of the vehicle
a similar brand (model, modification) to buyers of machines
is unsustainable in the size of 0.2 percent of the cost of the machine, but
is not more than 60 percent of its primary value.
The manufacturer (seller) is exempt from the execution of the requirements for
Damages, if at the time of repair of a poor machine, for
written by the buyer, will give him, with delivery to the place,
A very similar brand (model, modification).
8. Help for customers who are not over
warranty strings, are treated with manufacturers immediately and eliminated
in the lines predicted by the fifth of this article, after
consist of documents that determine the cause of occurrence, cost
eliminating the shortcomings and the guilty side.
9. Manufacturers are required to reimburse the losses of sellers,
enterprises to perform their functions, which considered and
Met the substantiated claims of buyers to the cars.
10. Help buyers of machines predicted by part two
Article 9 of this Act concerning machinery manufactured outside of Ukraine
or purchased from mediators, are satisfied by the seller's account.
11. Help for the recovery of recovery costs
The machines and the losses from her simple are not satisfied if
manufacturer, seller, enterprise that performs their functions,
to prove that the machine's flaws were caused by a breach of the buyer
Requirements for technical and technical documentation on the machine.
Article 16. Guaranteeing commitments to manufacturers, sellers,
resources
1. Manufacturers, sellers, performers provide
use of machines, results of executed works, services for
Assignment during the periods of their amortization, predicted
Regulatory documentation or contract.
2. Manufacturers, car sellers, work artists, services carry
warranty before buyers of machines in the
during the established warranty line of operation (or
(a) and (b)).
the quality of the machines installed by normative and technical documentation.
Warranty lines for complex products and components
is considered equal to the guarantee line on the machine, terminating
Simultaneously with the end of the warranty line on the machine and not
be less than 12 months.
When removing the flaws by replacing the composing
or parts of the machine on which the warranty is installed
rows, warranty strings on new complex solutions and assembly lines
part is calculated from the day of the issuing of the buyer ' s machine after
Repairs.
The guarantee of the vehicle's operation is from day to day
entering them into service, but not later than 6 months from the day
Sale for machines running throughout the year, and not later
12 months for a seasonal pattern of work.
The manufacturer has the right to decide on termination
warranty obligations if (authorized by representative)
will be detected and fixed in a guarantee talon (service provider)
(b) essential violations of the specific requirements of the normative and technical
Documentation on the machine that can lead to premature
Get her out of here.
Substantiated decision of the manufacturer to end guarantee
Commitment to the specific requirements of the normative and technical
of the documentation that were violated, entering into force after writing
This is a buyer's message.
The deficiencies of the machines that have arisen in the guarantee of operation
is not fault buyers of the machines, are eliminated by the manufacturer or authorized
It's on that artist of technical service at the expense of
Manufacturer.
Article 17. Duties of vehicle manufacturers from the organization
technical service
1. Manufacturers of machines are required to provide organization of work
of the technical service, as well as the release and delivery of the necessary
volumes and assortment of spare parts, exchange nodes and aggregates
during the entire vehicle production line, and after removal from
production-during a line of amortization, and if not so
established, then for ten years.
To fulfill these obligations, machine manufacturers create
firm network of technical service enterprises or on the contracting
based on the transfer of relevant powers to other enterprises
A technical service of different forms of property.
2. Manufacturers, retailers during sales (realisation) of machines
Need to inform buyers about businesses that perform
Work, maintenance services.
3. Manufacturers, sellers, empowered by the manufacturer of the enterprise
provide pre-sale of machines, on order
customers deliver them, perform warranty obligations with
Maintenance and troubleshooting.
Pre-sales service, periodical technical
Maintenance and repair of machines in guarantee period
are included in the price of the machine.
Maintenance work will be authorized by the manufacturer
enterprises, sellers, dealers, at the expense of the appropriate
Discounts on the car price.
4. Manufacturers on the contractual basis provide enterprises
technical service with modern repair technology and technical
maintenance of machines, integrated by their normative and technical
documentation, repair and technology,
workers and specialists of these businesses.
5. Executive work on technical service depending on nature
and the specifics of the executed works given to services are required to issue
the buyers will calculate the documents that make the execution of the execution
Work, provision of services.
6. Executive work on technical service is required during
The month of the loss of the loss,
The purpose or damage of the machines taken from the buyers for
performing work or service delivery. Performers are not released from
liability if the level of their scientific and technical knowledge is not given
Help discover the special properties of machines accepted by them from
customers to perform work or provide services.
7. Executive works on technical service shall not carry out
the responsibility for the shortcomings of executed works or given
the services if they prove they originated from the guilt of the buyer himself or
As a result of the unstoppable force.
Article 18. Quality and completeness of machines
Manufacturer, the seller can implement machines that are of quality.
comply with the terms of the contract, the requirements of standards, technical conditions
and other documents that establish these requirements. {Part of the first article 18 of the changes made under the Act
N 124-VIII ( 124-19 ) From 15.01.2015}
Manufacturer, seller is responsible for quality
made, sold, sold.
Treaties may be predicted to be increased compared to
standards, technical conditions or other documentation of the requirements for
the quality of the machines as well as regards to their completions.
Machines need to be complex. Responsibility for
The completeness of machines carry the main enterprise manufacturer and
the seller, regardless of what enterprise entrepreneurs
They are producing separate knots and aggregates machines. If the completeness is not
defined by standards, technical conditions, it can determine
by the treaty. The treaty may predict the supply of machines from
additional components, or non-specific, not required
the buyer parts included in the machine kit.
Manufacturer for machine design (Modernisation)
reports to the sellers and buyers.
The manufacturer is required to ensure compliance machines
Agricultural and operational and technical requirements
and the use of them throughout the lifetime of operation
(installed motorist).
Article 19. Quality of work, services from technical
service
Employee work, maintenance services required
transfer the results of the executed work, the services in the set of rows
with the quality consistent with the terms of the contract, the requirements of the standards,
technical conditions, other documentation.
Performer is responsible for the quality and timeliness
Job performance, service delivery.
Marginal and permissible, the value of quality indicators
of work done, provided by services from the technical service
are set by the relevant technical documentation.
Chapter IV
PUBLIC ASSISTANCE ORGANIZATIONS
Article 20. Public buyers
Agricultural machinery
In order to protect their legitimate rights and interests of the purchase
Agricultural machinery (legal and physical persons) eligible
create on a voluntary basis by public organizations
Buyers.
Article 21. Rights of public organizations (associations)
Buyers of agricultural machinery buyers
1. To achieve the goals stipulated by the statute, public
(a) Organization (s) of the United Nations
are entitled to:
Organize legal and advisory assistance to buyers
Agricultural machinery in accordance with the legislation of Ukraine;
study the qualitative properties of agricultural machinery by means of
survey buyers, generalize public opinion and suggestions
To improve and lower the cost of machinery;
receive from producers, sellers, government authorities
Necessary information for the implementation of its goals and objectives;
represent and protect the interests of buyers
Agricultural machinery in state power, before the
By manufacturers and in court;
to promote international cooperation in the field of
Protection of the rights and interests of buyers of agricultural machinery.
Section V
FINAL POSITIONS
1. This Act will take effect from the day of its publication.
2. Cabinet of Ministers of Ukraine to bring its
Regulatory and legal acts in compliance with this Act.

President of Ukraine
Um ... Kiev, 5 June 2003
N 900-IV