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Product defects are like a born disabled person, the body is born with a defect in some aspect, and this defect must affect the corresponding performance of the product, making it incomplete. The product defect is a person whose body functions are normal or even very good, but there are some spots on the face, which is the flaw, perfect, that is, there are some flaws, product defects may not necessarily affect the performance of the product, but it will affect the use of the feeling, the product is good as a whole, but there is a little bit of shortcoming, a little regret.
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Product defects are omissions in the design process, resulting in incomplete product functions or substandard use data. Generally, it seriously affects the use or causes accidents. Product defects are generally non-functional deficiencies caused by the production process. It does not affect the use or has a slight impact.
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Product defects, generally speaking, are genetic defects from birth, and have an impact on growth; Defects, in layman's terms, are found to have a fetal mole on ** after birth, which does not affect life.
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Product defects are mainly subject to liability for breach of contract, and only when there is an infringement of property and personal rights, tort liability is applicable. For product defects, both liability for breach of contract and tort liability can be applied, and the injured consumer chooses one of them.
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Generally speaking, the teapot is used as a metaphor, and the defect is that it is similar to the lack of a spout and the like, and it cannot be used. The flaw is that the teapot itself is not perfect, and the porcelain does not affect the use. I understand that's the case.
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Product defects do not contain unreasonable dangers that endanger the safety of persons and property. Product defects contain unreasonable dangers that endanger the safety of persons and property.
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The ordinary statute of limitations applies to product defects, that is, from the time when the parties know or should know that their rights and interests have been harmed, the statute of limitations is two years, and the longest statute of limitations is 20 years. The timeliness for product defects is different.
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The principle of fault liability is mainly used for product defects, that is, the producer and seller shall be liable for compensation only if there is subjective fault when providing goods or services; For product defects, two principles of fault liability and strict liability are implemented.
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The liability for product defects is that the seller is responsible for repairing, replacing, returning, and compensating for losses. If it is the responsibility of the producer or the responsibility of other sellers who provide products to the seller, the seller has the right to recover from the producer or supplier only after compensating the consumer.
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The difference between a product defect and a product defect is: first, the degree of damage is different. According to Article 26, a product defect refers to a product that has defects in its performance in use, or does not meet the product standards indicated on the product or its packaging, or does not conform to the quality conditions indicated in product descriptions, physical samples, etc., but does not have an unreasonable danger of endangering the safety of persons and property, or has not lost its original use value.
According to Article 46 of the Product Quality Law, a product defect refers to an unreasonable danger that the product endangers the safety of persons and other people's property; If the product has national standards and industry standards for protecting human health and personal and property safety, it means that it does not meet the standards. Defects in the product may endanger personal and property safety. Second, the protection of consumers' rights and interests is different.
For product defects, the consumer directly claims compensation from the seller, and the seller can recover from the responsible producer or other sellers after compensation. For product defects, consumers can claim compensation from both the seller and the producer, and the producer and the seller can recover from each other according to the actual situation. Third, the methods and standards of compensation are different.
For product defects, the seller may be responsible for repairing, replacing, returning goods and compensating for losses in accordance with the provisions of the law or the contract. For personal and property injuries caused by product defects, the seller and producer shall bear full liability for compensation.
Clause. Fourth, the statute of limitations is different. **If the goods of unqualified quality are not declared, the statute of limitations period is one year. The statute of limitations for claims for damages caused by defective products is two years.
Article 26 of the Product Quality Law of the People's Republic of China.
Producers shall be responsible for the quality of the products they produce.
The quality of the product shall meet the following requirements:
1) Where there is no unreasonable danger endangering the safety of persons or property, and there are national or industry standards for safeguarding human health and the safety of persons or property, those standards shall be complied with;
2) It has the performance that the product should have, except for the defects in the performance of the product;
3) Comply with the product standards indicated on the product or its packaging, and conform to the quality status indicated by product descriptions, physical samples, etc.
Article 46.
The term "defect" as used in this Law refers to the unreasonable danger of endangering the safety of persons and other people's property in the product; If there are national standards and industry standards for spring infiltration products to protect human health and personal and property safety, it means that Sansen Heng does not meet the standards.
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In my opinion, a product defect is that there is something wrong with the product that affects the use, but the product defect does not necessarily affect the performance of the product, but it will affect the feeling of use.
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Product defects, generally speaking, are genetic problems from birth, and have an impact on growth, defects, in layman's terms, are found after birth on the ** birth, does not affect life.
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Product defects do not contain unreasonable dangers that endanger the safety of persons and property. Product defects contain unreasonable dangers that endanger the safety of persons and property.
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The principle of fault liability is mainly used for product defects, that is, the producer and seller should bear the liability for compensation only if there is subjective fault when providing goods or services, and the two principles of fault liability and strict liability are implemented for product defects.
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The applicable liability is different, the product defect is mainly applicable to the liability for breach of contract, and if there is an infringement of property and personal rights, the tort liability is applicable. For product defects, both liability for breach of contract and tort liability can be applied, and the injured consumer chooses one of them.
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Defects, it is estimated that the product development and design are done, and the manufactured products are the same. Defects, the process is not up to par during manufacturing.
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