On The Protection Of The Rights Of The Purchasers Of Agricultural Machinery

Original Language Title: Про захист прав покупців сільськогосподарських машин

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Read the untranslated law here: http://zakon3.rada.gov.ua/laws/show/900-15

                                                          
With a k o n u r as th h s on the protection of the rights of the purchasers of agricultural machinery (Supreme Council of Ukraine (BD), 2003, N 38, 315) {amended in accordance with the laws of 5463 N-VI (No.5463-17) from 26.10.2012, VVR, 2014, N 4, 61 N 124-VIII (124-19) from 15.01.2015, VVR, 2015, N 14, 96} this law regulates the relationship between buyers of agricultural machines and their makers , vendors, performers of works and services with technical service, establishes the rights and obligations of the buyer determines the mechanism of realization of State protection buyers, duties and responsibilities of manufacturers, retailers, performers, works, services.
Chapter I General provisions article 1. Definitions of terms in this Act, the terms used in the following meaning: security of agricultural machines, robots, technical service-the lack of any risk to life, health, property of the buyer and the natural environment under the ordinary conditions of their use, storage, transportation and utilization;
artist-legal or natural person who performs work or provides services for technical service for another person with the purpose of making a profit;
manufacturer-legal or natural person (company, organization, institution, the citizen-entrepreneur), which produces machinery for implementation, introducing himself to the producer, as well as any other person who imports cars on the territory of Ukraine for trade or other activity;
warranty period-the time limit set by the manufacturer of the machine, during which, in the case of compliance with the appropriate conditions of use and storage, the machine, including accessories, and parts thereof, must meet the requirements of the law and for which the manufacturer, seller, contractor perform the warranty;
dealer-legal or physical person, performing the functions of the seller, the purchase of machines for sale and provides the services of the technical service;
contract-an agreement between the buyer and the manufacturer, seller, contractor about the quality, terms, price and other conditions, which are buying-selling machine, performance of works and provision of services;
disadvantage-lack of, which makes it impossible or inappropriate use of the machine, works, services in accordance with their intended purpose;
agricultural machine-all types of machinery and equipment for the agro-industrial complex;
flaw-a separate mismatch machines, robots, the service requirements of the regulations or the conditions of the agreements;
seller-legal or natural person (company, organization, institution, the citizen-entrepreneur), which sells cars wholesale or retail;
buyer-legal or physical person that uses, purchases, orders or intends to buy or order a car, work, service;
technical service-a complex of works and services for buyers of agricultural machines, efficient use and maintain them in good condition during the whole period of operation.
Article 2. Legislation on the protection of purchasers of agricultural machinery legislation on the protection of purchasers of agricultural machinery consists of this law and other acts of legislation issued pursuant to it.
Article 3. International agreements if the International Treaty of Ukraine, consent to be bound by any given the Verkhovna Rada of Ukraine, the other rules than those that are in the legislation on the protection of the rights of the purchasers of agricultural machinery, then applied the rules of the international treaty.
Chapter II RIGHTS of BUYERS of AGRICULTURAL MACHINES and THEIR PROTECTION of Article 4. Rights of buyers of agricultural machines Buying agricultural machines that are on the territory of Ukraine during the purchasing, ordering or using machines, works, services of technical service for the production of agricultural products have the right to free choice of seller and its delivery, as well as the artist works, services of the technical service;
information about machines, their producers and performers of the works, services of the technical service;
safety for their life and health, the environment and property acquired or performed works, services for ordinary conditions of their use, storage, maintenance, transportation and utilization;
proper quality machinery and works, services of the technical service;
damages caused by machines, robots, services with technical service quality enhancements, as well as property and moral (non-proprietary) damages caused by hazardous (harmful) for the life and health of people, machines, robots, the services of the technical service in the cases provided by law;
appeal to the Court, the State authorities, local authorities, non-governmental organizations for the protection of infringed rights. {The seventh Paragraph of article 4 amended by law N 5463-VI (No.5463-17) from 26.10.2012} Article 5. State protection of the rights of the purchasers of agricultural machinery 1. The State ensures protection specified in article 4 of this law the rights of purchasers of agricultural machinery and the ability to

purchase or obtain other lawful ways, works, services of the technical service in the volume, providing their needs for the organisation of agricultural production.
2. State protection of the rights of buyers of machines, users, services with technical service within its competence, exercise the central body of the Executive power, which ensures the formation of State policy in the field of consumer protection, central executive bodies realizing State policy in the spheres of public control over the observance of legislation on consumer protection, labour protection, the Council of Ministers of Autonomous Republic of Crimea, other bodies of executive power, bodies of local self-government as well as legal authorities.
{Part two of article 5 as amended by law N 5463-VI (No.5463-17) from 26.10.2012} article 6. Eligible buyers the seller's choice of agricultural machinery machines, artist, works, services with technical service 1. Purchasers of agricultural machinery is entitled to a free choice of the seller and the ways of its delivery and artist works, services of the technical service.
2. sale of machines, the execution of works, rendering services are carried out only on a contractual basis.
Article 7. The right buyer agricultural machinery information 1. Buyers of cars have the right to receive necessary, affordable, reliable and timely information about the machine, work, services, which provides the possibility of their competent choice.
Information should be provided to the buyers to purchase them machines or order works, services.
Information about the car, the job, the service should include: the name of the machine;
specify the regulations, the requirements of which must correspond to the agricultural machinery, works, services;
data on the basic properties of the machine, work, services, conditions of use and storage, reservations about safety of use, and other information that apply to a specific machine, work, service;
information about the possibility of the formation of harmful health conditions with a machine and contraindications for its use;
information about the price, terms and conditions and the rules of acquisition, execution of works, rendering services;
the date of manufacture of the machine;
the manufacturer's warranty, artist;
terms and conditions for the effective and safe use of machinery, works, services;
resource machine, information about the necessary actions of the buyer after its termination, as well as about the possible consequences in case of non-fulfillment of these actions;
name and address of the manufacturer, the seller and the enterprises that carry out their function for making claims from buyers, as well as perform work, provide services of technical service.
The buyer should also be provided with information on the presence the documentary certification of the conformity of machinery, works, services with the legislation requirements. {The fourteenth Paragraph of article 7, as amended by law N 124-VIII (124-19) from 15.01.2015}
2. the information is provided by part one of this article, we have to note buyers, manufacturer, seller, contractor in its documentation attached to machines, labels, and label or otherwise (in an accessible form vivid), accepted for certain types of machines, works, services.
3. If the provision of false, incomplete or late information on car, work, service and of the manufacturer, the seller has purchase the machine, works, services that are not required by the buyer to the property, the buyer has the right to terminate the contract and demand compensation of caused him losses;
the inability to use the purchased machines, robots, the service for the purpose, the buyer has the right to demand in term of not more than a month of providing the proper information. If the information in the due term will not be granted, the buyer has the right to terminate the contract and demand damages;
causing harm to the life, health, property of the buyer, the buyer has the right to submit to the seller, the manufacturer, contractor requirements for damages in the manner prescribed by law or contract.
4. Damage caused by purchaser machine, works, services, acquired as a result of unfair advertising, refundable guilty party in full.
The seller is not exonerated from liability in the event of failure to obtain it from the manufacturer (importer) relevant information about the car.
Article 8. Eligible purchasers of agricultural machinery safe machines, works, services with technical service requirements for machines and services regarding their security to the life, health and property buyers, as well as the environment are established by laws and other normative acts.
Article 9. Eligible purchasers of agricultural machinery in proper quality machines and services with technical service 1. Buyers, customers and services of technical service have the right to require from the manufacturer, vendor, contractor, so they purchased cars, performed works and rendered services meet the conditions of the contracts, the requirements of the regulations.
2. Buyers when it detects flaws in the car during the warranty period in the manner and terms established by the law or agreement, have the right of their choice require the manufacturer,

vendor and contractor of works and services of technical service: and) without gaps or reimbursement of the costs of their removal by the buyer or the performer of the works, services of technical service and damages;
b) giving them (with delivery) at the time of repair defective machines working machines of the same brand (model, modification);
in return the faulty producer) machines for the eradicating disadvantages in terms of production and damages;
g) replacement machine to the new machine, if through no fault of the producer has significant disadvantages (three rejections of the third group of complexity), and damages;
e) return machines in poor quality, refunds, damages and termination of the contract. The requirements specified in this part, in relation to machines, used and implemented another buyer, the period of warranty are not expired, are met, provided timely notification of the manufacturer, the seller about the change of the owner.
3. The requirements of buyers, set part 2 of this article, shall be for the buyer's choice of the manufacturer, the seller according to the place of purchase of the car, the manufacturer, seller or dealer (businesses that perform their functions) at the location of the buyer.
4. in the case of significant deficiencies (failure of the basic details, the operation of which is intended for the entire period of depreciation) during the period of depreciation, the buyer has the right to present a request to the manufacturer about the gratuitous removal of such shortcomings.
Article 10. The right buyers agricultural machines on the compensation of damage caused to cars, robots, an inappropriate as 1. Damage, caused to life, health or property of buyer's machines, robots, services that include design, production, or other flaws will be refunded in full, unless otherwise provided by law.
2. The right to demand compensation of the caused damage is recognized by each affected by the buyer, regardless of whether or not he was was in a contractual relationship with the manufacturer, contractor, salesman. This right is preserved within the established term.
3. Liability to buyer for damages specified in part 1 of this article shall be borne by the party which it caused.
Article 11. Rights of buyers of agricultural machines in the case of contractor contract terms of execution of works, rendering services with technical service 1. Buyers have the right to cancel the contract on the execution of works, rendering services of technical service and seek damages if the contractor fails to begin the execution of the contract or doing work so slow that to finish it in time.
2. If during the execution of works, rendering services will become obvious that they will not be executed in accordance with the terms of the contract, the buyers have the right to assign the performer to an appropriate term for elimination of deficiencies, and in case of failure in time-terminate the contract and demand damages or instruct the correction of shortcomings to a third party at the expense of the contractor.
3. In the case of detection of defects of the performed work, provided the service, buyers have the right to demand of their choice: free weaknesses of the performed work, provided the service;
appropriate reduction of the price of the work performed by the service;
free re-performance of work;
compensation of losses inflicted on them losses with the shortcomings of the work performed by the services on their own or with the assistance of a third person.
These requirements are to be satisfied in the case of deficiencies at the time of acceptance of the work performed by the service or during its implementation, provision, and in case of impossibility to detect deficiencies at the time of acceptance of the work performed by the service during the warranty period or other period prescribed by the contract or by law.
4. If you have in the works, services of substantial departures from contract or other significant shortcomings, buyers have the right to demand termination of the contract and damages.
If significant indentations from the terms of the contract or other significant deficiencies were found in work, service done using spare parts, assemblies, components, materials, buyer, buyers have the right to demand of their choice or to perform it with spare parts, assemblies, components, materials, or termination of the contract and damages.
In this part of the requirements may be charged to buyers within the periods stipulated by the regulations or the conditions of the contract.
5. If the contractor does not perform, overstay work, provision of services in accordance with the Treaty, it is for each day (one hour, if the duration of performance defined in hours) of the delay in paying the buyer liquidated damages in the amount of three percent cost of undone work, services, unless otherwise provided by contract.
Payment of executor, established in the case of non-fulfilment, delay in performance or improper performance of the obligation, does not exempt him from fulfilling the obligation in kind.
6. Violation of terms and conditions of the contract and other shortcomings in the work, the service that could not be detected by conventional method of acceptance, the buyer is obliged to inform the provider not later than

three days after their detection.
7. Contract conditions that restrict the rights of a buyer of agricultural machines compared to the rights established by law, shall be null and void. If as a result of the application of contract terms that limit the rights of the purchaser, the purchaser suffered losses, they should be reimbursed by the guilty person in full.
Chapter III Duties and the RESPONSIBILITY of manufacturers, retailers, PERFORMERS and buyers of AGRICULTURAL MACHINES Article 12. Responsibilities of manufacturers, retailers, performers on the choice of Manufacturers, buyers, sellers, the performers of the works have no right to interfere with buyers freely choose the seller and delivery vehicles, as well as performers of works, services of the technical service.
Article 13. Responsibilities of manufacturers, sellers, implementers to provide reliable information 1. Manufacturers, sellers, implementers are required to promptly provide buyers the machines needed and reliable information about the machine, work, services, in accordance with article 7 of this law.
2. Manufacturers shall develop and provide buyers of normative-technical documentation in accordance with the legislation.
Article 14. Responsibilities of manufacturers, retailers, performers on the safety of machines and services 1. Manufacturers, vendors, artists are responsible for harm caused to life, health or property of the buyer, in accordance with the law.
2. Manufacturers, vendors, performers are exempt from liability if you prove that the damage caused through the fault of the buyers as a result of violations of established rules of use, storage or transport of machines, works, services or as a result of force majeure.
Article 15. Responsibilities of manufacturers, retailers, performers on quality machines and services 1. Manufacturers, sellers, implementers are required to send customers machines, the results of the work, the quality of services that meet the requirements of the regulations, the terms of contracts, as well as information about them.

{The second paragraph of article 15 excluded by law N 124-VIII (124-19) from 15.01.2015}

2. Found buyers flaws in the car during the warranty period of exploitation are subject to elimination of manufacturers, vendors, performers according to the terms of the contract.
3. Upon presentation of a buyer based claims about the replacement of the machinery manufacturer, seller, the company, which performs its function must satisfy this requirement.
Delivery of machines manufacturer, seller, the company that performed their function, and their return to the buyer are forces and agents of the manufacturer, the seller, the company, which performs their functions or for their account.
4. When replacing the machines with the drawbacks of the car the same brand (model, modification) of good quality, the price of which has changed, recalculate the cost of not going.
During the replacement of agricultural machinery with the drawbacks of the same agricultural machine another brand (model, modification) recalculation of the value produced on the basis of prices, operating at the time of the Exchange.
Upon termination of contract payments from the buyer in case of the price rise on the car are based on its value at the time of submission of the relevant requirements, as in the case of price-based on the value of the car at the time of purchase. The funds paid for the car, return to the buyer within the period specified in the contract, but not later than within 7 days.
5. Facing the buyer requirements to eliminate the shortcomings of machines have to be met in the following terms: for machines in plant and kormovirobnictvì-within three days from the time of receipt of the purchaser's statement of rejection, if there is no need for disassembling the main units; five days, if needed; seven days-when you need to disassemble and replace the reference details. For machines of the seasonal use, the off-season – no more than twenty days;
for machines in cattle breeding-technically possible time but not more than 3 hours from the time of receipt of the statement of the buyer of equipment for incubation, milking, primary processing of milk; not more than 5 hours-for equipment with poïnnâ, kormoprigotuvannâ and kormorozdavannâ; no more than 6 hours for ventilation equipment and no more than 20 hours for the various types of barns.
For each day of delay the Elimination of shortcomings more than the established terms of the buyers of the machines are paid neustojka in the amount of the value of the car the day of work.
In addition, the manufacturer is obliged to reimburse to the buyer the losses from idle machines, including lost profits, in part, is not coated with forfeit.
The method of calculating the size of the value of the cars and losses (885-2004-p) is established by the Cabinet of Ministers of Ukraine.
6. Simple failure are removed by the buyer on its own after determining the causes and the prior consent of the manufacturer, the seller, the representative of the manufacturer.
After removing the damage consists of the reimbursement of expenditures for work performed, which is passed to the manufacturer, the seller, the manufacturer's representative within one month from the date of failure.
7. On the written request of the buyers of the machines at the time of repair defective machines they are provided (with delivery) serviceable machines of similar marks (models, modifications). To do this, the producers, sellers, implementers are required to include the Exchange Fund.
For each day of delay performance requirement on provision of machines

similar brand (model, modification) to buyers of cars paid neustojka $ 0.2 per cent of the cost of the machines, but not more than 60 percent of its initial value.
The manufacturer (seller) is exempt from the requirements for payment of damages, if at the time of repair defective machines, by written request of the buyer, provide him with the delivery, serviceable car of similar brand (model, modification).
8. Claims buyers on machines that do not guarantee terms was ended, are considered manufacturers immediately and removed within the term stipulated in part five of this article, after which consist of the documents that define the reasons of occurrence, cost of weaknesses and wine.
9. Manufacturers are obliged to indemnify sellers of enterprises that perform their functions, which considered and approved the justified claims buyers to the manufactured machines.
10. requirements for buyers of machines provided for part of the second article 9 of this law concerning cars made abroad or purchased through intermediaries, are satisfied at the expense of the seller.
11. Claims of the buyer for reimbursement of the costs of recovery and losses from downtime cannot be satisfied, if the manufacturer, the seller, the company, which performs their function, prove that the shortcomings of machines have emerged as a result of the breach by the buyer of the requirements of normative and technical documentation on the machine.
Article 16. Warranty manufacturers, retailers, performers 1. Manufacturers, vendors, performers provide the possibility to use the machines, the results of work performed, services by appointment for the periods of their depreciation prescribed by normative technical documentation or contract.
2. Manufacturers, vendors, performers works, services are warranty obligations to buyers of cars in providing for a standard warranty period of operation (or operating time) according to the target (technological) purpose and quality of the machinery established by the normative and technical documentation.
Warranty period for hardware products and component parts deemed to be equal to the warranty period for the machine, ends with the end of the warranty period for the machine and can not be less than 12 months.
When removing the drawbacks of komplektuûčogo by replacing the product or component of the machine, which is set to guarantee terms, the warranty period for the new komplektuûčij product and part is calculated from the date of issuance of the buyer of the machine after the repair.
Warranty period of exploitation machines counted from the day of putting them into operation, but not later than 6 months from the date of sale for machines that run throughout the year and not later than 12 months for machines with a seasonal nature of the work.
The manufacturer has the right to decide on the termination of the warranty obligation, if it (authorized representative) will be detected and recorded in the warranty certificate (service book) significant violations of the specific requirements of normative-technical documentation for the machine, which can lead to premature release it from the system.
Sound solution manufacturer about termination of guarantee obligations, indicating the specific requirements of normative-technical documents that have been affected, enters into force after written notice to the buyer.
The shortcomings of machines that have the warranty period of exploitation is not the fault of the buyers of the machines are removed by the manufacturer or authorized for that artist works with technical service by the manufacturer.
Article 17. The responsibilities of the manufacturers of machines for the Organization of technical service 1. Manufacturers of machinery required to ensure that the organization works with the technical service, as well as the issue and the supply of the necessary quantities and assortment of spare parts Exchange components and assemblies for the entire period of production machines, and after removal of production during the period of depreciation, but if this is not set, then for ten years.
To perform these obligations the manufacturers of machines to create a branded network of enterprises technical service or on a contractual basis to transfer authority to other businesses of technical service of various forms of ownership.
2. Manufacturers, sellers during sales (realization) machines are required to inform buyers about businesses that perform work and services of the technical service.
3. Manufacturers, resellers, authorized by the manufacturer company provide Premarket maintenance machines to order buyers take them, perform warranty maintenance and troubleshooting.
The costs of pre-sale service, periodic maintenance and repair of the machines in the warranty period of exploitation is included in the price of the machine.
Work with technical service performed by authorized manufacturer of enterprise vendors, dealers at the expense of provided respective discounts from the price of the machine.
4. Manufacturers on a contractual basis to provide technical service enterprise modern technologies of repair and maintenance of machines, fitted to their normative and technical documentation, repair of technological equipment, trained workers and specialists of these enterprises.
5. The performers work on technical service depending on the nature

and the specifics of the performed works, rendered services are obliged to give buyers settlement documents certifying the fact of execution of works, rendering services.
6. The performers work on technical service must within a month to reimburse losses incurred due to the loss, damage or injury, accepted them from buyers for the execution of works or the provision of services. The performers are not exempt from liability if their level of scientific and technical knowledge is not given the opportunity to discover the special properties of the machines accepted them from buyers for the execution of works or the provision of services.
7. Artists works with technical service shall not be held responsible for any shortcomings in the completed works or provided services, if you prove that they occurred through the fault of the buyer, or as a result of force majeure.
Article 18. The quality and completeness of machinery manufacturer, seller may sell quality machines that meet the conditions of the agreement, requirements, technical specifications and other documents that establish these requirements.
{Part one of article 18 amended by law N 124-VIII (124-19) from 15.01.2015} manufacturer, seller is responsible for the quality of manufactured, sold the car.
Contracts may be elevated in comparison with the standards, technical terms or other documentation requirements for the quality of the machines, as well as to their completeness.
The machine must be supplied transformer. Responsibility for the completeness of the machines are the main producer and seller, regardless of which company-sumìžniki made separate units and units of machines. If completeness is not defined standards, technical conditions, it may be determined by the contract. The contract may provide for the supply of machines with additional components of parts or of the individual, not the right buyer parts included with your machine.
The manufacturer is changing the design of the machine (modernization) notify the sellers and buyers.
The manufacturer shall ensure the conformity of vehicles agrozootehnìčnim, environmental and operational and technical requirements, and use them during the whole period of operation (fixed motoresursu).
Article 19. The quality of works and services of the technical service the artist works, services of the technical service shall convey the results of the work done, on time with quality that meets the contract requirements, technical specifications, and other documents.
The contractor shall be responsible for the quality and timeliness of performance of work, the provision of services.
Limits and such that the allowed values of parameters of quality of works performed, services rendered with technical service are established by the appropriate technical documentation.
Chapter IV COMMUNITY Organization (Association) BUYERS of Article 20. Public organizations (associations) buyers of agricultural machines in order to protect their legitimate rights and interests of buyers of agricultural machinery (legal and physical persons) have the right to create on a voluntary basis public organizations (associations).
Article 21. Rights of public organizations (associations) buyers of agricultural machines 1. To achieve the goals envisaged by the Charter, public organizations (associations) buyers of agricultural machines have the right: to organize the legal and advisory assistance for purchasers of agricultural machinery in accordance with the legislation of Ukraine;
study the qualitative properties of agricultural machines by means of a survey of shoppers, compile public opinion and suggestions for improvements and cheaper machines;
receive from manufacturers, retailers, government authorities the necessary information for the realization of its goals and objectives;
to represent and defend the interests of the purchasers of agricultural machinery in State authorities, before manufacturers and in court;
contribute to the development of international cooperation in the field of the protection of the rights and interests of the buyers of agricultural machines.
Chapter V FINAL PROVISIONS 1. This law comes into force from the day of its publication.
2. the Cabinet of Ministers of Ukraine to bring its normative acts in compliance with this law.

The President of Ukraine l. Kuchma Kiev, June 5, 2003 N 900-IV