Latest regulations on elevator quality deposit

First, the latest provisions of the elevator national three guarantees law

At present, there is no clear regulation on the free warranty period of elevators in China. However, the unwritten rule in the industry is that the shelf life is one year, and most properties are free of warranty for two years. Three guarantees is the abbreviation of "guaranteed repair, replacement and return" for the goods sold by retail commercial enterprises. It refers to a kind of credit guarantee that the seller is responsible for the goods purchased by the buyer within a certain period after the goods enter the consumption field. This service is provided for failures that are not due to improper use and storage by users, but belong to product quality problems.

Legal basis: Article 26 of the Law of People's Republic of China (PRC) on the Protection of Consumers' Rights and Interests stipulates that when operators use standard clauses in business activities, they should draw consumers' attention to the quantity and quality, price or cost, time limit and method of performance, safety precautions and risk warning, after-sales service, civil liability and other matters related to consumers' major interests in a conspicuous way, and explain them according to consumers' requirements.

Operators shall not make unfair and unreasonable provisions to consumers, such as excluding or restricting consumers' rights, reducing or exempting operators' responsibilities, and aggravating consumers' responsibilities, by means of format clauses, notices, statements, shop notices, etc. , and shall not use format terms and use technical means to force transactions.

Format terms, notices, statements, shop notices, etc. If it contains the contents listed in the preceding paragraph, its contents are invalid.

Article 802 of the Civil Code, if the construction project causes personal injury or property loss within the reasonable use period due to the contractor's reasons, the contractor shall be liable for compensation.

2. How long is the warranty period of the elevator project?

According to the Detailed Rules for the Implementation of the Interim Provisions on Strengthening Elevator Management issued by the Ministry of Construction 1995 (Jian Jian (1995) 167), the quality warranty period of the newly installed elevator is one year from the date of acceptance, or 18 months after the goods arrive at the construction site, which is the only one. Of course, the warranty period of the elevator can also be extended through consultation between the supply and demand sides. If there is no agreement, it shall be implemented in accordance with the provisions of the Ministry of Construction 167.

4. Who will bear the responsibility for the problems during the warranty period of the construction project?

If there are quality defects in the construction project during the warranty period, the construction unit or the owner of the building shall issue a warranty notice to the construction unit.

After receiving the warranty notice, the construction unit shall go to the site to check the situation and guarantee it within the time specified in the warranty. When there are quality defects involving structural safety, the construction unit or building owner shall immediately report to the local construction administrative department and take safety precautions; The original design unit or the design unit with corresponding qualification grade puts forward the warranty scheme, and the construction unit carries out the warranty, and the original engineering quality supervision institution is responsible for the supervision. After the warranty is completed, the construction unit or the owner of the building shall organize the acceptance. Involving structural safety, it shall be reported to the local construction administrative department for the record. If the construction unit fails to guarantee the quality of the project, the construction unit may entrust other units to guarantee it, and the original construction unit shall bear corresponding responsibilities.

According to relevant national laws and regulations, the warranty period of the elevator project is one year, counting from the time of delivery. If there are quality problems in the elevator project during this quality warranty period, the original construction enterprise, residential property company and elevator equipment manufacturing enterprise shall bear the responsibilities, and the specific responsibilities shall depend on the quality accident report. If the owner can't get effective compensation, he can complain to the relevant departments or apply for arbitration.