Provisions on the Liability for Repair, Replacement and Return of Household Automotive Products
Provisions on the Liability for Repair, Replacement and Return of Household Automotive Products
Provisions on the Liability for Repair, Replacement and Return of Household Automotive Products
Order of the General Administration of Quality Supervision, Inspection and Quarantine No. 150
December 29, 2012
The Provisions on the Liability for Repair, Replacement and Return of Household Automotive Products, which were deliberated and adopted at the executive meeting of the General Administration of Quality Supervision, Inspection and Quarantine on June 27, 2012, are hereby promulgated and shall come into force as of October 1, 2013.
Provisions on the Liability for Repair, Replacement and Return of Household Automotive Products
Chapter I General Provisions
Article 1 For the purposes of protecting the legitimate rights and interests of the consumers of household automotive products and defining the liability for guaranteeing repair, replacement and return of household automotive products (hereinafter referred to as "Three Guarantees"), the Provisions are formulated pursuant to relevant laws and regulations.
Article 2 The Provisions shall apply to the Three Guarantees of the household automotive products manufactured and sold within the territory of the People's Republic of China.
Article 3 The Provisions are the basic requirements for the Three Guarantees liability of the household automotive products. The dealers of household automotive products are encouraged to make stricter Three Guarantees liability undertakings than the Provisions, which shall provide better service to safeguard the legitimate rights and interests of the consumers. Such undertakings shall, once committed, be performed in accordance with the laws.
Article 4 The Three Guarantees liability as referred to herein shall be assumed by the sellers in accordance with the laws. Once the sellers assume the Three Guarantees liability in accordance with the regulations, the sellers shall be entitled to the right to seek compensations from the manufacturers or other dealers if the liability is attributable to the manufacturers or other dealers.
Contracts stipulating the assumption of Three Guarantees liability may be entered into between dealers of household automotive products, with the prerequisites that these agreements shall not infringe upon the legitimate rights and interests of the consumers and shall not exempt the Three Guarantees liability and quality obligations stipulated in the Provisions.
Article 5 Consumers and dealers of household automotive products shall abide by the principle of good faith, and shall not commit any malicious fraud, when exercising their rights, performing their obligations and assuming their liability.
Dealers of household automotive products shall not deliberately delay to address or refuse without any justified reasons the Three Guarantees liability requirements complying with the Provisions which are put forward by the consumers.
Article 6 The General Administration of Quality Supervision, Inspection and Quarantine (hereinafter referred to as the "General Administration of Quality Supervision") shall be responsible for the coordination, guidance, supervision and administration of the implementation of the Provisions, and organize and establish the information disclosure system of household automotive products, and may, in accordance with the laws, entrust relevant institutions to establish the Three Guarantees information system of household automotive products and assume relevant information management work.
The local quality and technology supervision departments at all levels shall be responsible for the coordination, guidance, supervision and administration of the implementation of the Provisions at their respective administrative regions.
Article 7 All the relevant departments, institutions and their staff personnel shall, in accordance with the laws, have the obligation to keep confidential the trade secrets and the personal information as known while performing the specified duties.
Chapter II Obligations of Manufacturers
Article 8 The manufacturers shall strictly implement the factory inspection system. Any household automotive products that fail to pass the inspection shall not leave the factory for sale.
Article 9 The manufacturers shall register with the General Administration of Quality Supervision for record the information on the Three Guarantees of household automotive products such as the basic information of manufacturers, the information of vehicle models, the materials of stipulated sales or repair outlets, product instruction manuals, certificates of Three Guarantees, repair and maintenance manuals, the information of Three Guarantees liability dispute resolution and vehicle return or replacement, etc., and renew the record in a timely manner upon any information alteration.
Article 10 Household automotive products shall be accompanied by product quality certificate or relevant certificates in Chinese, as well as product instruction manual, certificate of Three Guarantees, repair and maintenance manual, etc.
Product instruction manuals shall conform to the requirements stipulated in the national standards such as consumer goods instructions. Where the use or safety performance of household automotive products are not stipulated in the relevant standards, requirements thereof such as performance index, working conditions and working environment shall be expressly stated in the product instruction manuals.
Certificate of Three Guarantees shall cover the following contents: product brand, model, vehicle type specifications, vehicle identification number (VIN), date of manufacture; name, address, postal code and consumer service telephone number of manufacturers; materials of sales outlets such as name, address, postal code and telephone number of sellers; materials of repair outlets or relevant inquiry ways such as name, address, postal code and telephone number of repairers; terms of Three Guarantees of household automotive products, warranty period and validity period of Three Guarantees and other content that shall be expressly stated according to the requirements.
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