National New Three Guarantees Regulations

Three guarantees in the new national three guarantees regulations 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.

Household appliances and other commodities

Article 1 In order to protect the legitimate rights and interests of consumers and clarify the responsibilities and obligations of sellers, repairers and producers for repairing, replacing and returning some commodities (hereinafter referred to as Three Guarantees), these Provisions are formulated in accordance with the Product Quality Law of People's Republic of China (PRC), the Law of People's Republic of China (PRC) on the Protection of Consumers' Rights and Interests and relevant regulations.

Article 2 The term "some commodities" as mentioned in these Provisions refers to the products listed in the Catalogue of Some Commodities Subject to Three Guarantees (hereinafter referred to as the Catalogue). The catalogue shall be formulated and adjusted by the product quality supervision and management department of the State Council in conjunction with the competent industrial and commercial department, and issued by the product quality supervision and management department of the State Council.

Article 3 The principle of "three guarantees" shall be applied to the products listed in the catalogue. The contracts concluded between the seller and the producer, the seller and the supplier, and the seller and the repairer shall not be exempted from the three guarantees responsibilities and obligations stipulated in these regulations.

Article 4 The indicators specified in the Catalogue are the most basic requirements for fulfilling the Three Guarantees. The state encourages sellers and producers.

Article 5 Detailed rules for the implementation of Three Guarantees, which are stricter than these provisions, shall be formulated. This provision does not exempt the three guarantees of products not listed in the catalogue and the responsibilities promised by sellers and producers to consumers that are higher than the three guarantees of products listed in the catalogue.

Article 6 A seller shall perform the following obligations:

(a) can not guarantee the implementation of the three guarantees, and shall not sell the products listed in the catalogue;

(two) to maintain the quality of products sold;

(three) the implementation of the incoming inspection and acceptance system, does not meet the statutory identification requirements, are not allowed to sell;

(4) When the product is sold, it should be checked out of the box, correctly debugged, introduced the maintenance items, the three-guarantee method and the repair unit, and provided with valid invoices and three-guarantee certificates.

(five) properly handle consumer inquiries and complaints, and provide services.

(6) The repairer shall perform the following obligations:

(a) to undertake maintenance services; Maintain the reputation of sellers and producers, and do not use parts that do not meet the technical requirements of products. Seriously record the faults and the quality of the repaired products to ensure that the repaired products can be used normally for more than 30 days; (three) to ensure that the repair costs and repair parts are all used for repair. Accept the supervision and inspection of sellers and producers; (four) to bear the responsibility and loss caused by the repair error; (five) to accept consumer inquiries about the quality of product repair.

Article 7 Producers shall perform the following obligations:

(a) clear three guarantees. If a production enterprise establishes or designates a repair unit by itself, it must provide consumers with a three-guarantee certificate, a list of repair units, addresses and contact numbers. ; (two) to provide repair technical information and qualified repair parts to the sellers and repairers responsible for repair, and to be responsible for training and providing repair expenses. Ensure that spare parts that meet the technical requirements will continue to be provided within 5 years after the product is discontinued; (three) properly handle the direct or indirect inquiries of consumers and provide services.

Article 8 The validity period of the Three Guarantees shall be counted from the date when the invoice is issued, after deducting the time occupied by the repair and no spare parts to be repaired. Within the validity period of the Three Guarantees, the consumer shall handle the repair, replacement and return with the invoice and the Three Guarantees certificate. [Page]

Article 9 If the performance of a product is unqualified within 7 days from the date of sale, consumers can choose to return it, exchange it or repair it. When returning goods, the seller shall refund the payment in one lump sum according to the invoice price, and then claim compensation from the producer or supplier according to law or deal with it according to the purchase and sale contract.

Article 10 If the performance of a product is unqualified within 0/5 days from the date of sale, consumers can choose to exchange it or repair it. When exchanging goods, the seller shall exchange products of the same model and specification for consumers free of charge, and then claim compensation from the producers and suppliers according to law or deal with them according to the purchase and sale contract.

Article 11 The seller shall be responsible for replacing the products of the same model and specification for consumers free of charge or returning them in accordance with the provisions of Article 13 of these Provisions, and then claim compensation from the producers and suppliers according to law or deal with them according to the purchase and sale contract.

Article 12 If the manufacturer fails to provide spare parts within the validity period of the Three Guarantees, and it has not been repaired for more than 90 days since the date of repair, the repairer shall indicate in the repair status, and the seller shall replace the products of the same model and specification for consumers free of charge accordingly. Then claim compensation from producers and suppliers according to law or deal with it according to the purchase and sale contract. If the repair period exceeds 30 days due to the repairer's own reasons, the same model and specification products will be replaced for consumers free of charge. The cost is borne by the repairer.

Article 13. If, within the validity period of the Three Guarantees, it meets the exchange conditions, the seller requests to return the goods because there are no products of the same model and specification, and the consumer is unwilling to exchange products of other models and specifications, the seller shall return the goods; If there are products of the same model and specification, and consumers are unwilling to exchange them and demand to return them, the seller shall return them and charge depreciation fees for old goods in accordance with these provisions. The depreciation expense shall be calculated from the invoice date to the return date, in which the repair occupation and the time to be repaired shall be deducted.

Article 14 During the exchange of goods, no defective products, unqualified products or repaired products shall be provided to consumers. The validity period of the replaced three guarantees shall be recalculated from the date of replacement. The seller shall affix a replacement stamp on the back of the invoice and provide a new three-guarantee certificate or affix a replacement stamp on the back of the three-guarantee certificate.

Article 15 Within the validity period of the Three Guarantees, the repairer shall repair the products (including material expenses and working hours) free of charge, except that the products cannot be used normally due to improper use and storage by consumers. The repairer shall provide reasonable transportation expenses for large-sized products that should be covered by three packages, and then claim compensation from the producer or seller according to law, or deal with them according to the contract.

Article 16 Within the validity period of the Three Guarantees, sellers, repairers and producers are encouraged to provide the Three Guarantees service at home.

Seventeenth in any of the following circumstances, the three guarantees are not implemented, but the repair can be paid:

(1) Damage caused by improper use, maintenance and storage by consumers;

(two) the damage caused by the removal of the three-guarantee repairer;

(3) No three-guarantee certificate and valid invoice;

(four) the model of the three-guarantee certificate is inconsistent with or altered from the model of the repaired product;

(5) Damage caused by force majeure.

Article 18 The repair costs shall be borne by the manufacturer. Repair cost refers to the cost that should be paid to ensure normal repair within the validity period of the three guarantees.

Article 19 For the product that the seller is responsible for repairing, the producer shall share the cost in one lump sum according to the contract or agreement, and the specific measures shall be agreed by both parties. If the seller entrusts or designates a repairer, the payment method of the repair fee shall be agreed by the seller and the repairer in the contract. Special fund is special. If the producers choose other ways or set up their own maintenance outlets, the producers will directly provide maintenance fees.

Twentieth producers, sellers, repairers bankruptcy, closure, merger, division, the three guarantees liability according to the relevant laws and regulations of the state.

Article 21 When a consumer has a dispute with a seller, repairer or producer on the issue of three guarantees, he may apply to the consumer association, the user committee of the quality management association and other relevant organizations for mediation, and the relevant organizations shall actively accept it.

Article 22 If a seller, repairer or producer fails to implement the Three Guarantees in accordance with the provisions of these Regulations, the consumer may complain to the product quality supervision and management department or the administrative department for industry and commerce, and the above departments shall order it to be handled in accordance with the Three Guarantees. Consumers can also apply for arbitration according to law, or bring a lawsuit directly to the people's court.

Twenty-third these Provisions shall be interpreted by the the State Council product quality supervision and management department.

Article 24 These Provisions shall come into force as of the date of promulgation. The "Three Guarantees Regulations for Some Household Appliances" issued by the State Council (1986) 177 and other eight ministries and commissions shall be abolished at the same time. Where other relevant provisions are inconsistent with these Provisions, these Provisions shall prevail. This regulation was implemented on1August 25th, 995. Attachment:

Names of some catalogues (the first batch) for implementing the Three Guarantees; Validity period of three guarantees (year); Names of major components; Depreciation rate; Main parts of the whole machine.

Bicycle 1 2 frame and transmission 0.05%

Color TV 1 3 picture tube, line output transformer, tuner and integrated circuit 0. 1%

Black and white TV 1 3 picture tube, line output transformer, tuner and integrated circuit 0.05%

Home video recorder 1 1 drum motor, capstan motor, loading motor, integrated circuit 0. 1%

Camera 1 1 drum motor, capstan motor, loading motor, reel motor, 0. 1%

Lens, integrated circuit, magnetic head

Video recorder 0.5 1 motor, laser head, integrated circuit and potentiometer 0.05%

(including stereo)

Electronic organ 1 none 0.05%

[37 keys or more]

Household refrigerator 1 3 compressor, fan motor, thermostat, evaporator and solenoid valve 0.05%

Filter, condenser and capillary (including freezer)

Washing machine 1 3 motor, timer, program controller and capacitor 0.05%

Fan1.3 0.05% motor, timer and program controller

Microwave oven 1 2 motor, magnetron and timer 0.05%

Vacuum cleaner 1 3 motor 0.05%

Household air conditioner 1 3 compressor, fan motor and thermostat 0. 1%[page]

Range hood 0.5 1 motor 0.05%

Gas water heater 1 electronic ignition part 0.05%

Sewing machine 1 none 0.05%

Motorcycle engine 0.2%