Wang Yong, Director of General Administration of Quality Supervision, Inspection and Quarantine.
Zhou Bohua, Director of State Administration for Industry and Commerce
Minister of Agriculture Han Changfu
Wang Xudong, Minister of Industry and Information Technology
20 10/March/0 13 Provisions on Responsibility for Repair, Replacement and Return of Agricultural Machinery Products Article 1 In order to safeguard the legitimate rights and interests of users of agricultural machinery products, improve the quality and after-sales service level of agricultural machinery products, and clarify the responsibilities of producers, sellers and repairers of agricultural machinery products for repair, replacement and return (hereinafter referred to as three guarantees), according to the Product Quality Law of People's Republic of China (PRC) and the People's Republic of China (PRC),
Article 2 Agricultural machinery products mentioned in these Provisions (hereinafter referred to as agricultural machinery products) refer to machinery and equipment used in agricultural production, primary processing of products and other related agricultural activities.
Article 3 Anyone who engages in the production, sale and maintenance of agricultural machinery products within the territory of People's Republic of China (PRC) shall abide by these provisions.
Article 4 The principle that whoever sells agricultural machinery products is responsible for the three guarantees shall be implemented.
The seller shall bear the responsibility of three guarantees. If the replacement or return of goods is the responsibility of the producer, it may claim compensation from the producer according to law.
If losses are caused to others due to the fault of the repairer within the validity period of the three guarantees, the repairer shall be liable in accordance with the relevant laws and the agreement of the agency repair contract.
Article 5 These Provisions are the basic requirements for producers, sellers and repairers to assume the responsibility of three guarantees of agricultural machinery products to users of agricultural machinery. The state encourages producers, sellers and repairers to make three-guarantee liability commitments that are more conducive to safeguarding the legitimate rights and interests of users of agricultural machinery and stricter than these provisions.
Unless otherwise agreed between the seller and the users of agricultural machinery, the seller's "three guarantees" responsibilities shall be implemented in accordance with the agreement, but the agreement does not exempt the obligations that should be fulfilled in accordance with laws, regulations and these Provisions.
Article 6 The competent industrial department of the State Council is responsible for formulating and organizing the implementation of agricultural machinery industrial policies and related plans. The State Council product quality supervision departments, industrial and commercial administrative departments and agricultural mechanization departments shall, within the scope of their respective functions and duties, establish an information disclosure system in accordance with the requirements of these Provisions, announce to the public the Three Guarantees commitments of producers, sellers and repairers, and the quality problems and service problems of agricultural machinery products reflected by agricultural machinery users, and urge producers, sellers and repairers to improve product quality and service quality. Article 7 Producers shall establish the ex-factory filing system for agricultural machinery products and strictly implement the ex-factory inspection system. Agricultural machinery products that have not passed the inspection shall not be sold.
Agricultural machinery products subject to production license management or compulsory product certification management according to law shall obtain production license certificate or certification certificate, and be affixed with production license mark or certification mark.
Eighth agricultural machinery products shall have the product certificate, product instructions, product three guarantees certificate and other random documents:
(1) The product instruction manual shall be compiled in accordance with the requirements of the national standard or industry standard "Rules for Compilation of Instructions for Use of Agricultural Machinery", and the names, specifications and models of the vulnerable parts in the machine shall be listed; If the service performance and safety performance of the product are not listed in the national standards, the scope of application, technical performance indicators, working conditions, working environment, safety operation requirements, warning signs or instructions shall be clearly defined in the instruction manual;
(2) List of related tools, accessories, spare parts and other random items;
(3) The three-guarantee certificate of agricultural machinery products shall include the following contents: product brand, model specification, production date, purchase date, product number, manufacturer's name, contact address and telephone number. If the seller or repairer has been appointed, it shall indicate the name, contact address, contact telephone number, three-guarantee project, three-guarantee period, sales record, repair record and other relevant information in accordance with the provisions of Article 24 of these Provisions; Sales records shall include the seller, sales place, sales date, purchase invoice number and other contents; Repair records shall include repair delivery time, delivery time, repair failure, repair situation, replacement and return certificate, etc.
Article 9 A producer shall establish a maintenance network of agricultural machinery products in the sales area, sign an agency repair contract with the repairer, and stipulate the three-guarantee responsibility of agricultural machinery products and other related matters according to law.
Tenth producers should ensure that agricultural machinery products continue to provide spare parts within five years after stopping production.
Eleventh producers should properly handle the complaints and inquiries of users of agricultural machinery, provide services, and timely handle the three guarantees of various agricultural machinery products during the busy season. Twelfth sellers should implement the system of inspection and acceptance of incoming goods, strictly examine the business qualifications of producers, and carefully verify the certificate of agricultural machinery products, product identification, product instructions and three-guarantee certificates. For agricultural machinery products subject to production license management and compulsory product certification management, the production license certificate and production license mark, certification certificate and certification mark shall be verified.
Article 13 A seller of agricultural products shall establish a sales record system and inform the following contents according to the instructions for the use of agricultural products:
(a) the use, scope of application and performance of agricultural machinery products;
(two) the correct configuration between the main machine of agricultural machinery products and machines;
(three) the mileage or working hours of agricultural machinery products and their use.
Article 14 A seller shall meet the following requirements when delivering agricultural machinery products:
(a) Face-to-face inspection and commissioning;
(2) Delivery of random tools, accessories and spare parts;
(3) Providing purchase invoices, three-guarantee vouchers, Chinese product instructions and other accompanying documents under the unified supervision of the financial and tax departments;
(four) express the validity period and method of the three guarantees of agricultural machinery products;
(five) provide the name, contact address and telephone number of the repairer authorized or entrusted by the producer or seller;
(six) fill in the relevant information of the seller on the three-guarantee certificate;
(seven) the necessary operation, maintenance and safety training.
When importing agricultural machinery products, the import certificate issued by the customs and the inspection and quarantine certificate issued by the inspection and quarantine institution shall also be provided.
Article 15 The seller may sign an agency repair contract with the repairer, and stipulate in the contract the repair responsibility within the validity period of the Three Guarantees and the measures to eliminate the faults of various agricultural machinery products in time during the busy farming season.
Sixteenth sellers should properly handle the consultation, inquiry and complaint about the quality of agricultural machinery products. Article 17 A repairer shall conclude an entrusted repair contract with the producer or seller, and ensure that the repair expenses and repair parts are used for the repair within the validity period of the Three Guarantees according to the contract.
The agency repair contract shall stipulate the maintenance technical data, technical training, maintenance parts, maintenance fees, transportation fees and other contents. Provided by producers or sellers.
Article 18 Repairers shall undertake the free repair business within the scope of these provisions within the three-guarantee period, and accept the supervision and inspection of producers and sellers in accordance with the contract.
Nineteenth repairers should strictly implement the inspection and acceptance system of spare parts, and shall not use unqualified spare parts, and carefully keep maintenance records to record the faults before repair and the quality of products after repair.
Twentieth repairers should fill in a complete, true and clear repair record. The contents of the repair record shall include the repair time, repair failure, inspection results, failure cause analysis, maintenance items, material costs and working hours, as well as transportation costs and signatures of agricultural machinery users; If there is mileage, it shall be indicated.
Twenty-first repairers shall hand over the repaired agricultural machinery products and repair records to the users of agricultural machinery face to face, and deliver them to use after normal debugging, and ensure their normal use during the maintenance quality guarantee period.
Twenty-second repairers should maintain a reasonable reserve of commonly used maintenance parts, ensure the normal maintenance work, and avoid delays in maintenance time due to insufficient maintenance parts. In the busy farming season, we should have the ability and measures to eliminate the faults of agricultural machinery products in time.
Twenty-third repairers should actively carry out on-site repair and telephone consultation services, and properly handle agricultural machinery users' inquiries about repair and complaints about repair quality. Article 24 The three-guarantee period of agricultural machinery products shall be calculated from the date when the seller issues the purchase invoice. The three-guarantee period includes the three-guarantee period of the whole machine, the warranty period of main parts, the warranty period of wearing parts and other parts.
The three-package validity period of internal combustion engines, tractors, combine harvesters and rice transplanters and the quality guarantee period of their main components shall not be less than the time specified in Annex 1 of these Provisions. If a single internal combustion engine is sold to agricultural machinery users as a commodity, it is counted as a whole machine, and the main parts it contains are clearly indicated by the producer on the three-guarantee certificate. The main parts of tractors, combine harvesters and rice transplanters are clearly indicated by the producers on the three-guarantee certificate.
The three-guarantee period of other agricultural machinery products and the name and quality guarantee period of its main components or systems shall be clearly stated by the producer on the three-guarantee certificate, and the validity period shall not be less than one year.
If the internal combustion engine is used as the supporting power of agricultural machinery products, the three-guarantee period and the quality guarantee period of main parts shall be implemented in accordance with the three-guarantee period and the quality guarantee period of main parts of agricultural machinery products.
If the quality guarantee period of wearing parts and other parts of agricultural machinery products has not reached the three-guarantee period of the whole machine, the producer shall clearly indicate the name of the parts or systems to which it belongs and the reasonable quality guarantee period on the three-guarantee certificate.
Article 25 If a user of agricultural machinery loses the certificate of three guarantees, but can prove that the agricultural machinery products he purchased are within the validity period of three guarantees, he may apply to the seller for a replacement certificate of three guarantees, and continue to enjoy relevant rights in accordance with these Provisions. The seller shall fill in the application within 10 working days after receiving the application from the users of agricultural machinery. Sellers, producers and repairers shall not refuse to undertake the responsibility of three guarantees.
Due to the seller's reasons, if the brand and model of agricultural machinery products on the purchase invoice or three-guarantee certificate are inconsistent with the agricultural machinery products requiring three guarantees, the seller shall not refuse to perform the three-guarantee responsibility.
If the ownership is transferred within the validity period of the three guarantees, the three guarantees voucher and the car purchase invoice will be transferred accordingly, and the agricultural machinery users will continue to enjoy the three guarantees right with the original three guarantees voucher and the car purchase invoice.
Twenty-sixth in the period of validity of the three guarantees, agricultural machinery products have quality problems, and agricultural machinery users hold the three guarantees certificate to the designated or agreed repairers for free repair, and the working hours, materials and reasonable transportation expenses arising from the maintenance shall be borne by the three guarantees responsible person; In accordance with the provisions of the exchange, return conditions, agricultural users require exchange, return, with three guarantees, repair records, purchase invoices for exchange, return; If losses are caused to users of agricultural machinery due to quality problems, the seller shall be responsible for compensating the corresponding losses according to law.
Article 27 Within the validity period of the Three Guarantees, if there are any quality problems within the prescribed scope, the repairer shall generally complete the repair work within 30 working days from the date of repair and ensure normal use.
Article 28 Within the validity period of three guarantees, if the agricultural machinery products sent for repair have not been repaired for more than 30 working days since the date of sending for repair, users of agricultural machinery may choose to continue to repair or exchange goods. In case of replacement, the seller shall replace the products of the same model and specification free of charge with the three-guarantee certificate, maintenance record and purchase invoice.
Twenty-ninth within the validity period of three guarantees, agricultural machinery products can not be used normally because of the same serious quality problem, and the same quality problem still appears after two cumulative repairs; Or within 30 days after the first working season of purchasing agricultural machinery products, if the agricultural machinery products have been repaired twice due to the same general quality problem, the users of agricultural machinery can choose to replace the relevant main components or systems with the three-guarantee certificate, maintenance records and purchase invoices, and the seller is responsible for the replacement free of charge.
Article 30 Within the validity period of the Three Guarantees or within 30 days from the beginning of the first operation season for purchasing agricultural machinery products, if the agricultural machinery products have the same quality problems after replacing the main components or systems in accordance with the provisions of Article 29 of these Provisions, the users of agricultural machinery may choose to exchange the products, and the sellers shall be responsible for the replacement free of charge; If the same quality problem still occurs after replacement, the agricultural machinery user can choose to return the goods, and the seller is responsible for the free return.
Article 31 If the main components are replaced or the replacement conditions meet the requirements of these Provisions within the validity period of the Three Guarantees, the seller shall provide new and qualified main components or complete products, and update the Three Guarantees certificate. The warranty period of the replaced main parts or the three-guarantee period of the replaced complete product shall be recalculated from the date of replacement.
If the user of agricultural machinery requests to return the products that meet the conditions of return or because the seller has no products of the same model and specification to exchange, the seller shall refund the purchase price in full according to the invoice amount of the purchase machine.
Article 32 If the agricultural machinery products can't work normally because the producers and sellers haven't clearly informed the applicable scope of the agricultural machinery products, the users of agricultural machinery can choose to return the products with the three-guarantee certificate and the purchase invoice within 30 days after the first operation season of purchasing the agricultural machinery products, and the sellers are responsible for full refund according to the purchase invoice amount.
Article 33 During the three-guarantee period of the whole machine, if the combine harvester, tractor, seeder, transplanter and other products have quality problems during the busy farming season, they belong to the whole machine or main parts in the service outlets, and the repairer shall eliminate them within 3 days after receiving the repair report; If it is the quality problem of wearing parts or other parts, it should be eliminated within 1 day after receiving the repair report. Outside the scope of service outlets, the fault repair in busy farming season is negotiated by the seller and the users of agricultural machinery.
The state encourages producers, sellers and repairers of agricultural machinery products to carry out on-site after-sales service activities during busy farming periods.
Article 34 If the seller fails to perform the obligation of three guarantees within the validity period of three guarantees, or the agricultural machinery products need to be inspected or appraised, the validity period of three guarantees shall be suspended from the date when the agricultural machinery users request it, and the validity period of three guarantees shall be extended accordingly according to the suspension days; If direct losses are caused, compensation shall be made according to law. Thirty-fifth users of agricultural machinery shall operate or use in accordance with the relevant provisions and the instructions for the use of agricultural machinery products.
Thirty-sixth donated agricultural machinery products shall not exempt producers, sellers and repairers from the responsibility of three guarantees according to law.
Article 37 A seller, producer or repairer shall not be liable for three guarantees if he can prove that one of the following circumstances exists:
(a) agricultural users can not prove that agricultural products are within the validity period of three guarantees;
(two) the product is beyond the validity period of three guarantees.
Article 38 If the seller, producer or repairer can prove that there are any of the following circumstances, they will not be responsible for the three guarantees of the parts involved:
(a) due to the failure to use and maintain correctly according to the requirements of the instruction manual, resulting in damage;
(2) Modifying or disassembling the machine by itself, changing the performance of the machine or causing damage, which is clearly stated in the manual;
(three) after the failure, the user of agricultural machinery can not make a technical appraisal of the cause of the failure due to improper disposal;
(four) other man-made damage caused by reasons other than product quality;
(5) Damage caused by force majeure. Thirty-ninth product quality supervision departments, industrial and commercial administrative departments, agricultural mechanization departments should conscientiously perform their supervisory duties on quality issues related to the Three Guarantees.
Producers who fail to fulfill their express obligations in accordance with the provisions of Article 24 of these Provisions, or deliberately evade their responsibilities through express contents, shall be dealt with by the product quality supervision department according to law.
If the seller fails to fulfill the obligation of three guarantees as required, it shall be handled by the administrative department for industry and commerce according to law.
If the maintainer fails to fulfill the obligation of three guarantees in accordance with the regulations, it shall be handled by the competent department of agricultural mechanization according to law.
Article 40 Any dispute between users of agricultural machinery, sellers, producers and repairers over the responsibility of three guarantees can be settled through consultation in accordance with the principles of fairness, honesty and credibility.
If negotiation fails, users of agricultural machinery can complain to the complaint institution established by the local administrative department for industry and commerce, the product quality supervision department or the competent department of agricultural mechanization, or report the situation to the consumer rights protection organization according to law. If the parties request mediation, they can solve it through mediation.
Article 41 If negotiation or mediation on the responsibility of three guarantees fails, users of agricultural machinery may apply for arbitration in accordance with the Arbitration Law of People's Republic of China (PRC), or bring a lawsuit directly to the people's court.
Forty-second need to carry out quality inspection or appraisal, agricultural machinery users can entrust a qualified agricultural machinery product quality inspection agency to carry out quality inspection or appraisal.
The expenses required for quality inspection or appraisal shall be settled in accordance with the provisions of laws and regulations or in the way agreed by both parties. Article 43 The meanings of the following terms in these Provisions:
The term "quality problem" as mentioned in these Provisions refers to the condition that the performance of agricultural machinery products does not meet the requirements specified in the product manual under the condition of reasonable use; Or agricultural machinery products do not have the proper performance; Or agricultural machinery products do not meet the product standards indicated by the producers on agricultural machinery or its packaging. Quality problems include:
(a) serious quality problems refer to the serious decline in the important performance of agricultural machinery products, which exceeds the requirements of relevant standards or express scope; Or the main parts of agricultural machinery products are scrapped or the repair cost is high and must be replaced; Or the quality problem that the failure of agricultural machinery products itself affects personal safety under normal use.
(2) General quality problems refer to other quality problems except serious quality problems, including the quality problems of wearing parts, but do not include minor faults that users of agricultural machinery can eliminate with random tools according to the maintenance, maintenance, adjustment or overhaul methods of agricultural machinery products.
If the quality problems of internal combustion engines, tractors, combine harvesters and rice transplanters are serious, see Annex 2 of these Provisions.
The users of agricultural machinery products mentioned in these Provisions refer to citizens, legal persons and other economic organizations that purchase and use agricultural machinery products for agricultural production activities.
Producers mentioned in these Provisions refer to enterprises that produce, assemble and modify agricultural machinery products. Suppliers or importers of agricultural machinery products are regarded as producers and bear the corresponding responsibility of three guarantees.
The term "seller" as mentioned in these Provisions refers to the unit or individual that directly delivers agricultural products, collects payment for goods and issues purchase invoices to agricultural users in its name. Producers selling agricultural machinery products directly to users of agricultural machinery are regarded as sellers in these Provisions.
The repairer mentioned in these Provisions refers to the unit or individual that has entered into an agency repair contract with the producer or seller to provide maintenance services for agricultural machinery users within the validity period of the Three Guarantees.
Forty-fourth agricultural products used in non-agricultural production activities and their quality problems meet the relevant conditions of repair, replacement or return stipulated by law, which can be implemented with reference to these provisions.
Article 45 The General Administration of Quality Supervision, Inspection and Quarantine, the State Administration for Industry and Commerce, the Ministry of Agriculture and the Ministry of Industry and Information Technology shall be responsible for the interpretation of these Provisions according to their respective responsibilities.
Article 46 These Provisions shall come into force on June 1 day, 2065. 1998 03 12 The Provisions on Responsibility for Repair, Replacement and Return of Agricultural Machinery Products (Guo Zhi [1998] 123) issued by the former State Economic and Trade Commission, the State Bureau of Technical Supervision, the State Administration for Industry and Commerce, the Ministry of Domestic Trade, the Ministry of Machinery Industry and the Ministry of Agriculture shall be abolished at the same time.
Attachment:
1. Three packages of internal combustion engine, tractor, combine harvester and transplanter.
2. Table of serious quality problems of internal combustion engines, tractors, combine harvesters and rice transplanters (omitted) The validity period of the three guarantees of internal combustion engines, tractors, combine harvesters and rice transplanters, the names of main components and the quality guarantee period.
Internal combustion engine: (refers to the internal combustion engine sold as a commodity to users of agricultural machinery)
1. Three-guarantee period of the whole machine
① Diesel engine: multi-cylinder 1 year, single cylinder for 9 months.
② Gasoline engine: 2-stroke for 3 months and 4-stroke for 6 months.
2. Quality guarantee period of main components
① Diesel engine: multi-cylinder 2 years, single cylinder 1.5 years.
② Gasoline engine: 2-stroke for 6 months, 4-stroke 1 year.
3. Main components should include: internal combustion engine block, cylinder head, flywheel, etc.
Second, the tractor:
1. Three-guarantee period of the whole machine
Large and medium-sized tractors (above 18kW) are 1 year, and small tractors are 9 months.
2. Quality guarantee period of main components
2 years for large and medium tractors and 0/.5 years for small tractors.
3. The main components should include: internal combustion engine block, cylinder head, flywheel, frame, gearbox box, half axle box, steering gear box, differential box, final gearbox box, brake hub, traction plate, lifting box, etc.
Three, combine harvester:
1. Three-guarantee period of the whole machine: 1 year.
2. Warranty period of main components: 2 years.
3. The main components should include: engine block, cylinder head, flywheel, frame, gearbox housing, clutch housing, steering gear, main reducer housing, etc.
Four, rice transplanter:
1. Three-guarantee period of the whole machine: 1 year.
2. Warranty period of main components: 2 years.
3. The main components should include: frame, gearbox, transmission box, transplanting arm, engine cylinder block, cylinder head, crankshaft, etc.