How to understand the responsibilities and obligations in the new three guarantees? Are obligations

Upstairs is all about obligations, and I'll add to your questions. The law does not clearly stipulate the starting date of "discontinuation of production". According to the intent of the law, it should be the actual date of discontinuation, not the date of purchase.

Because the law requires the manufacturer to "guarantee that the spare parts that meet the technical requirements will continue to be provided within 5 years after the product is discontinued", in fact, it is to ensure that consumers can be guaranteed the repair when they buy the goods after the discontinuation. Moreover, the date on which different consumers buy the product is likely to be different, and if it is calculated according to the date of purchase, then there will be multiple dates after the discontinuation, which violates the certainty of the law. So the discontinuation date of the product is the date you actually discontinued it.

If you have evidence that your discontinuation date is a date in '03 and the consumer requested the repair more than the change date, you are exempt from that liability. For example, if you stop production on June 1, 03, and the consumer asks for repairs on June 2 this year, you can refuse to perform. Of course, if the date of his request is within the five-year period, the liability cannot be waived and appropriate compensation should be given.

According to the law, it is necessary to provide spare parts that meet the technical requirements. If not, the consumer should be compensated accordingly. However, consumers generally eliminate their products within 1-2 years of discontinuation.

The scope of responsibility of the three guarantees is to return, replace and repair. ：

Under normal circumstances, consumers have the right to require the distributor to bear the responsibility of three guarantees in the following situations of the products they purchase. ：

1.It does not have the performance that the product should have, and it has not been explained in advance; ：

2.does not meet the requirements of the product standards expressly adopted; ：

3.It does not conform to the quality condition indicated by product description, physical sample spine, etc.; ：

4.The product is unqualified by the technical supervision administrative department and other statutory departments; ：

5.The product is still not in normal use after two repairs. In accordance with the provisions of laws and regulations:

The seller shall fulfill the following three obligations:

1. If it is not guaranteed to implement the provisions of the Three Guarantees, the three guarantees shall not be sold; ：

2. Ensure the quality of the products sold; ：

3. Implement the purchase inspection and acceptance system, and those who do not meet the requirements of the logo will not be allowed to sell

4. When the product is **, it should be unpacked for inspection, correctly debugging and introducing the "three guarantees" method and repair unit for the use and maintenance matters, and provide valid invoices and "three guarantees" vouchers; ：

5 We handle consumer enquiries and complaints and provide services. ：

Legal basis: Article 40 of the Product Quality Law stipulates that if the product sold has any of the following circumstances, the seller shall be responsible for repairing, replacing and returning the product; If losses are caused to consumers who purchase products, the seller shall compensate for the losses:

1) It does not have the performance that the product should have and has not been explained in advance; ：

2) It does not meet the product standards indicated on the product or its packaging; ：

3) It does not conform to the quality conditions indicated by product descriptions, physical samples, etc. ：

The three-guarantee service refers to: repair, replacement and return, which is a legal obligation of the operator.

The operator promises that if there is a quality problem within a certain period of time, it has the obligation to repair, replace and return the goods free of charge, and if the operator fails to fulfill this obligation, it will bear the corresponding civil liability. The implementation of the three-guarantee service is to better protect consumers, but for the operator if the commitment period exceeds the annihilation commitment, it will not bear the obligation of the three-guarantee.

The three guarantees refer to the implementation of "repair, replacement and return" of the goods sold by retail commercial enterprises. The period of the three guarantees is 7 days, 15 days, 30 days, 90 days, and 5 years respectively. Within 7 days from the date of sale, if the product has a performance failure, the consumer can choose to return, exchange or repair.

Within 15 days from the date of sale, if the product has a performance failure, the consumer can choose to exchange or repair.

During the validity period of the "three guarantees", because the manufacturer has not made the best spare parts, it has not been repaired for more than 90 days from the date of repair, the repairer shall indicate in the repair status, and the seller shall replace the same model and specification of the same type of stove for the consumer free of charge by guessing the hidden change. The repairer shall ensure that the repaired product can be used normally for more than 30 days, and the manufacturer shall ensure that the spare parts that meet the technical requirements will continue to be supplied within 5 years after the product is discontinued.

The obligations that the repairer of the three-guarantee policy should fulfill

1. Undertake repair service business; Maintain the reputation of sellers and producers, and do not use components and spare parts that do not meet the technical requirements of the product.

2. Carefully record the failure and product quality status after repair, and ensure that the repaired product can be used normally for more than 30 days.

3. Ensure that the repair cost and repair parts are all used for repair. Accept the supervision and inspection of sellers and producers.

4. Bear the responsibility and loss caused by their own repair errors.

5. Accept consumers' inquiries about the quality of product repair.

Repair, replacement and return.

Dear, I am glad to answer for you, the obligation of three guarantees refers to: repair, replacement, and return, which is a legal obligation of the operator. The operator promises that if there is a quality problem within a certain period of time, it will have the obligation to repair, replace and return the goods free of charge.

Answer] :d 1) If the goods or services provided by the proprietor do not meet the quality requirements, the consumer may, in accordance with the provisions of the state and the agreement of the parties, return the goods, quietly mark the ruler or require the proprietor to perform the obligations of replacement and repair, and the proprietor shall bear the necessary costs such as transportation. Therefore, A is correct, B is correct, (2) the operator uses the Internet, TV, **, mail order and other methods to sell goods, and the consumer has the right to return the goods within 7 days from the date of receipt of the goods, and the state does not need to explain the reason.

Therefore d is wrong. (3) If the operator sells the goods by means of the Internet, television, mail-order, etc., it shall refund the price paid by the consumer within 7 days from the date of receipt of the returned goods, and the freight of the returned goods shall be borne by the consumer. Therefore c is correct.

Answer]: C. Obligation to perform the "three guarantees" or other responsibilities: If the goods or services provided by the operator do not meet the quality requirements, the consumer may return the goods in accordance with the provisions of the state and the agreement of the parties, or require the operator to perform the obligations of replacing the goods at the source and repairing them in a bush state.

In the absence of national regulations and agreement between the parties, the consumer may return the goods within seven days from the date of receipt; After seven days, if the consumer meets the statutory conditions for terminating the contract, the consumer can return the goods in a timely manner, and if the statutory conditions for terminating the contract are not met, the operator may be required to perform obligations such as replacement and repair.

The obligations that the seller should fulfill: (1) If the implementation of the provisions of the Three Guarantees cannot be guaranteed, the products listed in the catalogue shall not be sold; (2) Maintain the quality of the products sold; (C) the implementation of the purchase inspection and acceptance system, does not meet the requirements of the statutory marking, shall not be allowed to sell; (4) When the product is **, it should be unpacked for inspection, correct debugging, introduction of use and maintenance matters, three guarantees and repair units, and provide valid invoices and three guarantees of filial piety and three guarantees. (5) Properly handle consumer inquiries and complaints, and provide services.

The obligations of the repairer shall be as follows: (1) to undertake the repair service business; (2) Maintain the reputation of sellers and producers, and shall not use components and spare parts that do not meet the technical requirements of the product. Carefully record the failure and the quality of the product after repair, and ensure that the repaired product can be used normally for more than 30 days; (3) Ensure that the repair cost and repair parts are all used for repair.

Accept the supervision and inspection of sellers and producers. (4) Bear the responsibility and losses caused by their own repair errors; (5) Accept consumer inquiries about the quality of product repair. Obligations to be fulfilled by producers: (1) Clarify the three-guarantee method.

If the manufacturer sets up or designates a repair unit by itself, it must provide consumers with the three guarantees certificate, the list of repair units, the address, and the contact number with the product; (2) Provide repair technical information and qualified repair parts to the seller and repairer responsible for repair, be responsible for training, and provide repair costs. Ensure that the spare parts that meet the technical requirements will continue to be provided within 5 years after the product is discontinued; (3) Properly handle direct or indirect inquiries from consumers and provide services. In one of the following circumstances, the three guarantees shall not be implemented, but repairs can be carried out for a fee:

1) Consumers cause damage due to improper use, maintenance, or storage; (2) Damage caused by dismantling by a person who is not responsible for the repair of the three guarantees; (3) There is no three-guarantee certificate and valid invoice; (4) The model of the three-guarantee certificate is inconsistent with the model of the repaired product or altered; (5) Damage caused by force majeure.