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Article 2 These provisions shall apply to agricultural machinery products sold to farmers within the territory of the People's Republic of China (see Annex 1).
For agricultural machinery products that are not listed in Annex 1, sellers, repairers, and producers bear the responsibility for the product's Three Guarantees in accordance with the "Law of the People's Republic of China on Product Quality" and the "Law of the People's Republic of China on Protection of Rights and Interests of Consumers."
Article 3 The principle of who sells and who is responsible for the Three Guarantees is implemented for agricultural machinery products (hereinafter referred to as products).
Contracts concluded between sellers, producers, and repairers must not exempt three responsibilities and obligations that should be borne by the peasants according to laws, regulations, and these regulations.
The seller referred to in these regulations means the seller of the product.
The term "producer" as used in these regulations means the producer and supplier of the product. Product importers are considered producers.
The farmers referred to in these regulations include individual farmers, rural households, contract farmers in rural areas, farmer households, and rural collective economic organizations directly engaged in agricultural production activities.
Article 4 This is the basic requirement for fulfilling the Three Guarantees Regulations. The state encourages sellers and producers to formulate three-package implementation rules that are stricter than these regulations.
Article 5 Sellers shall perform the following obligations:
(1) If it cannot be guaranteed that these provisions shall be implemented, no products may be sold;
(2) Seriously implement the inspection and acceptance system for incoming goods;
(3) Sales of products that do not meet the statutory labeling requirements and counterfeit and shoddy products are prohibited;
(d) maintaining the quality of the products sold;
(5) When the product is sold, it should be opened for inspection or presented to the farmer for inspection and testing (vehicles); invoices, three packs of certificates, product certifications and product manuals issued by the financial and taxation departments shall be provided; Three packs method, repairer's address and contact method; introduce product use, maintenance, and maintenance precautions; pack unidirectional farmers to clear random (vehicle) tools, accessories and spare parts, and let farmers perform the appearance quality of purchased products. test;
(vi) Measures to eliminate major product failures in time during the busy season;
(7) Proper handling of farmers' inquiries and complaints.
Article 6 Repairers shall perform the following obligations:
(1) To undertake the free repair business within the warranty period of the Three Guarantees and bear the related charges repair business;
(2) To maintain the credibility of the sellers and producers, it is forbidden to use spare parts that are inconsistent with the technical requirements and quality requirements of the products, to make maintenance records carefully, and to record the faults before repair and the quality of products after repair;
(3) Submit inspections of the repaired products and maintenance records to the farmers, and test the machine (car);
(4) According to the contract, to ensure that repair costs and repair parts are used for repairs in Three Guarantees;
(5) To accept the supervision and inspection of sellers and producers;
(vi) Maintain a reasonable reserve of commonly used maintenance parts to ensure normal maintenance work and avoid delays in maintenance due to the lack of spare parts;
(7) The capability and measures to eliminate product failures in time during the busy season;
(8) Actively carry out door-to-door repairs and telephone consultation services to properly handle the farmers' complaints and the quality of repairs.
Article 7 Producers shall perform the following obligations:
(1) The product quality shall meet the requirements of Article 14 of the "PRC Product Quality Law":
1. If there are no unreasonable risks that endanger the safety of people and property, and if there are national or industrial standards that guarantee human health, personal and property safety, they shall meet the standards;
2. Have the use performance that the product should have, with the exception of those that describe the product's performance in use;
3. Conforms to the product standard stated on the product or its packaging, and conforms to the quality status indicated by product description, physical sample, etc.
(2) The product shall have a product certification, a product instruction manual, a warranty certificate and related technical documents; the product instruction manual shall be prepared in accordance with the requirements of the national standards;
(3) The complete machine shall be packed with random (vehicle) tools, accessories and spare parts in accordance with the packing list; the product packaging and anti-rust treatment shall comply with the requirements of the national standards and the transportation department, and effectively protect the product.
(4) Establishing maintenance outlets in product sales areas to guide the handling of major quality problems;
(5) According to the stipulations of the repair contract, provide the repairer with product technical data, a reasonable amount of repair parts and repair costs, and be responsible for the technical training of the maintenance personnel;
(6) To ensure that repair parts will continue to be provided within five years after the product is discontinued;
(vii) Assist sellers in carrying out the Three Guarantees work;
(8) Means and measures to deal with various major agricultural machinery failures in a busy season;
(9) To properly handle direct or indirect enquiries and provide services to farmers.
Article 8 The validity of the three guarantees of the product includes the validity of the three guarantees of the whole machine and the validity period of the three parts of the main parts. The triple bags of internal combustion engines, tractors, combine harvesters and agricultural transporters shall be valid for not less than the provisions of Annex 2. The warranty period for other products is not less than 1 year.
The product warranty certificate shall include the product name, specifications, model number, internal combustion engine number, product number, name, address, telephone number, postal code of the manufacturer, name, address, telephone number, postal code of the repairer, and the expiration date of the three guarantees of the complete machine. Package validity, repair records. Repair records should include items such as repair time, delivery time, repair failures, repair records, and replacement certificate.
Article 9 The term of validity of the three guarantees shall be calculated from the date of issue of the invoice, after deducting the time taken for repairs by repairers who have undertaken the Three Guarantees business and the time for maintenance of spare parts not to be repaired.
Article 10 During the validity period of the Three Guarantees, the product fails and the peasants repair, replace, and return the goods with the invoice and the three-guarantee certificate.
For products that have been repurchased and are still within the validity period of the three guarantees, farmers will continue to enjoy the Three Guarantees right based on the original invoice and the Three Guarantees certificate of the product.
Loss of the three packs of vouchers and invoices, but can prove that the products they purchased are within the warranty period of the Three Guarantees, they should still enjoy the Three Guarantees right.
Article 11 During the validity period of the three guarantees, the product fails and repairs (including material fees and working hours) are made free of charge by the repairer specified on the three-package voucher.
If there is no designated repair unit nearby, the seller shall be responsible for solving the problems such as repairs and transportation, and the seller shall bear the cost. Specific matters are agreed by both farmers and sellers.
The normal maintenance, maintenance, adjustment, and repairs specified in the product instruction manual are not within the scope of the Three Guarantees repair.
Article 12 If a product fails within the warranty period, the repairer shall remove the fault within 40 days from the date of repair and ensure normal use. If repairs cause damage to the product, the repairer is responsible for compensating the farmers for the loss of the product itself, at the expense of the repairer.
Article 13 Products for repair within the warranty period. If repairs have not been completed for more than 40 days since the date of repair, the repairer shall make a true record of the repairs; the seller shall, on the basis of this, replace the same type of product with the same specifications for the farmer, and then claim compensation from the producer and repairer according to law.
Article 14 When a product fails or fails to use for performance within 15 days from the date of sale, the peasants may choose to change or repair, and the seller shall be responsible for replacement or repair in accordance with the peasants' requirements.
Product safety failures and usage performance failures are based on national standards and industry standards of products, and there are no national or industry standards.
Article 15 During the validity period of the three guarantees of the complete machine, the internal combustion engine, tractor, combine harvester, agricultural transporter, and other products that have special requirements for the Three Guarantees fault cannot be used normally after two repairs due to the same fault as listed in Annex 3. The repairer is responsible for replacing the assembly or components. If the replacement of the assembly or the component still cannot be used normally, the seller shall be responsible for free replacement of products of the same type and specifications with the maintenance records and certificates provided by the repairer.
During the period of validity of the entire three guarantees, if the products other than the products listed in the preceding paragraph are faulty due to the same safety performance or the same use performance and cannot be used normally after two cumulative treatment times, the repairer shall be responsible for replacing the assembly or components. If the replacement of the assembly or the component still cannot be used normally, the seller shall be responsible for free replacement of products of the same type and specifications with the maintenance records and certificates provided by the repairer.
If a single engine is sold as a commodity to a farmer, it is counted as a complete machine; as a supporting power for agricultural machinery, it is counted as an assembly.
Article 16 After the replacement of internal combustion engines, tractors, combine harvesters and agricultural transport vehicles, the failures listed in Appendix 3 occur, the farmers may request a return, and the seller shall be responsible for free returns for the farmers.
For products other than internal-combustion engines, tractors, combine harvesters, and agricultural transport vehicles, where failures and performance failures occur within 15 days after the replacement, the farmers may request a return, and the seller shall be responsible for free returns for the farmers.
Article 17 At the time of replacement, no defective product, defective product, or repaired product shall be provided to the peasants.
The validity period of the three bags after replacement is recalculated from the date of replacement. The seller will stamp the replacement stamp on the back of the invoice and provide a new three-package certificate.
Article 18 Within the period of validity of the three guarantees, if the seller meets the conditions for replacement, the seller must not have the same specifications and specifications, or the performance requirements and express performances specified in the national standards, industry standards, or enterprise standards after the replacement. If the peasants request a return, the seller shall return it free of charge.
Article 19 During the validity period of the three guarantees of the whole machine, combine harvesters, tractors, seeders, rice transplanters and other products fail during the busy season, and within the service outlets are faults that are easy to repair, and the repairs should be eliminated within 2 days. Failures that are not easy to repair should be eliminated within 5 days. Outside the service outlets, sellers are responsible for the repair of breakdowns during the busy season, and are agreed with the farmers when they are sold.
The state advocates product sellers, repairers, and producers to carry out farmer's on-site three-package services.
Article 20 For large products that are subject to three packs, the seller shall be responsible for transportation or provide reasonable transportation costs, and then recover the products according to law, or according to purchase and sales contracts.
Article 21 Failure of the main components of the Three Guarantees within the validity period, and the validity period of replacement of the main parts of the three guarantees shall be recalculated from the date of replacement.
Article 22 Within the period of validity of the Three Guarantees, the seller shall, within three days of the request for peasants' three guarantees, put forward the opinions on handling within 7 days from the date of receiving the request. If there is no reply within 7 days, or if it is not dealt with according to the reply, or if the treatment does not comply with these regulations, the peasants may dispose of it in accordance with these regulations, and the expenses (including communication fees, transportation fees, and 1-2 persons' travel expenses) The cost of accommodation, repairs, replacement of parts and components is borne by the seller.
Article 23 Three guarantees are not imposed on the following cases, but reasonable repairs should be carried out:
(1) Early wear and malfunction caused by improper use, maintenance and maintenance, such as damage caused by improper loading and unloading of the peasants after their purchase in the transportation; the conditions of use exceed the scope specified in the product instruction manual, and are over-speed and overloaded; The product instruction manual provides for running-in, overhaul, adjustment, and tightening; the internal combustion engine is unreasonably matched; and the fuel does not meet the specified requirements.
(2) Faults caused by self-modification, self-adjustment, and dismantling of parts and components that are not permitted to be modified, adjusted, or disassembled by the product instructions.
(3) There are no three-guarantee certificates and valid invoices, and it cannot be proved that the products they purchase are products within the three-pack validity period.
(4) The product specifications on the three-pack voucher or invoice are inconsistent with the product specifications of the three-pack, or altered.
(5) After a fault has occurred, the original condition of the damage has not been maintained, or the consent of the seller or the repairer has not been obtained, and the user is allowed to dispose of the fault so that the cause of the fault cannot be determined. However, the situation as stipulated in Article 22 is excluded.
(6) Faults caused by driving and operating certificates not obtained by lawful training of drivers and operators.
(vii) Damage caused by force majeure.
Article 24 After the seller has assumed responsibility for the Three Guarantees from the peasants and falls under the responsibility of the producer, the seller shall claim compensation from the producer.
Where a written product purchase and sales contract is concluded between the seller and the producer, the seller shall, after undertaking the three-pack liability, claim compensation from the producer according to law.
If no written product purchase and sales contract is concluded between the seller and the producer, the seller shall, after undertaking the three-pack liability, claim compensation from the producer according to law. The scope of recovery is as follows:
(I) Three Guarantees Responsibility for Producers' Quality Problems.
(II) Three Guarantees Responsibility Caused by Product Packaging or Rust Preventive Treatment Not Complying with National Standards and Transportation Department Requirements.
(3) The responsibility for the Three Guarantees caused by improper use, maintenance and maintenance of the farmer due to the fact that the product instruction manual does not meet the requirements of the national standard.
If there is a responsibility for the producer after replacement or return, the producer shall promptly recall the returned product from the farmer, and provide the product of the same model and the same specifications required for the replacement, and the funds required for the return.
Responsibility for the Three Guarantees caused by the seller’s improper storage and custody shall be borne by the seller. The seller has no right to claim compensation from the producer.
Article 25 In the event of bankruptcy, bankruptcy, merger, or division of producers, sellers, and repairers, their Three Guarantees responsibilities shall be implemented in accordance with the relevant laws and regulations of the State.
Article 26 In case of a dispute between the peasants and sellers, repairers or producers due to the Three Guarantees problem, they may apply for mediation with the Consumer Association, the Quality Management Association User Committee, the Agricultural Machinery Management Department and other relevant organizations. The relevant organizations shall actively accept the disputes. . Where it is necessary to conduct technical inspections, the product quality inspection agency specified in Article 11 of the "PRC Product Quality Law" shall conduct the inspection.
Article 27 Where sellers, repairers, and producers fail to fulfill the Three Guarantees responsibilities according to these Provisions, the peasants may appeal to the product quality supervision and management department or the industry and commerce administrative department. Farmers can also apply for arbitration according to law, or directly to the people's court.
Article 28 Those who refuse to implement these provisions shall be given administrative penalties by the administrative department for industry and commerce and the product quality supervision and administration department in accordance with relevant laws and regulations.
Article 29 The provisions of the State Council's product quality supervision and administration department and the administrative department for industry and commerce shall be responsible for interpretation according to the division of responsibilities.
Article 30 These regulations shall come into force on September 1, 1998.
Agricultural machinery product repair, replacement, and return responsibility
Article 1 of the Provisions on the Responsibility of Repairing, Replacing, and Returning Agricultural Machinery Products Article 1 In order to protect the legitimate rights and interests of farmers, it shall specify the responsibilities and obligations of sellers, repairers, and producers of agricultural machinery products for repair, replacement, and return (hereinafter referred to as three guarantees). The "Product Quality Law of the People's Republic of China," "Consumer Protection Law for Consumers of the People's Republic of China," and related laws, establish these regulations.