What should you do when products quality is poor
Post 1 of 23
Recently we deal with several cases which are about product quality , also there is someone want to know Chinese law on product quality so I post this article hoping it is helpful to you .
If the quality is poor , you can take a lawsuit against the seller or manufacture according to Chinese law LAW OF THE PEOPLES REPUBLIC OF CHINA ON PRODUCT QUALITYArticle 40 A seller shall be responsible for repair or change of the product or for refund of a product if the it is sold under any of the following circumstances and where the product has caused any loss on users or consumers the seller shall compensate for such loss
1 not having the functions it ought to have and no prior explanation thereabout being given by the seller
2 not conforming to the product standards marked on the product or its package
3 not conforming to the state of quality indicated by way of product directions or sample etc.
After repair change refund or compensation has been made according to the provisions of the preceding paragraph if the liability is attributed to the producer or to another seller who had supplied the product hereinafter referred to as supplier the seller shall have the right to recover his losses from the producer or the supplier.
Where a seller fails to make repair change refund or compensation in accordance with the provisions in the first paragraph the department in charge of supervision over product quality or the administrative department for industry and commerce shall order the seller to make rectification.
Where contracts for purchase and sale of products or for processing concluded between producers or sellers or between producers and sellers provide otherwise the parties concerned shall act in accordance with the provisions of the contracts.ChinaContract Law of the People`s Republic of ChinaArticle 111 If the quality fails to meet the agreed requirements, liability for breach of contract shall be borne in accordance with the agreement between the parties If the liability for breach of contract is not stipulated or is not clearly stipulated, nor can it be determined pursuant to the provisions of Article 61 of this Law, the party suffering the loss may, with reference to the nature of the targeted matter and the degree of the loss, choose in a reasonable manner to demand that the other party bear the liability for breach of contract in such form as repair, replacement, redoing, return of the targeted matter, discount in payment or remuneration
If the quality is poor , you can take a lawsuit against the seller or manufacture according to Chinese law LAW OF THE PEOPLES REPUBLIC OF CHINA ON PRODUCT QUALITYArticle 40 A seller shall be responsible for repair or change of the product or for refund of a product if the it is sold under any of the following circumstances and where the product has caused any loss on users or consumers the seller shall compensate for such loss
1 not having the functions it ought to have and no prior explanation thereabout being given by the seller
2 not conforming to the product standards marked on the product or its package
3 not conforming to the state of quality indicated by way of product directions or sample etc.
After repair change refund or compensation has been made according to the provisions of the preceding paragraph if the liability is attributed to the producer or to another seller who had supplied the product hereinafter referred to as supplier the seller shall have the right to recover his losses from the producer or the supplier.
Where a seller fails to make repair change refund or compensation in accordance with the provisions in the first paragraph the department in charge of supervision over product quality or the administrative department for industry and commerce shall order the seller to make rectification.
Where contracts for purchase and sale of products or for processing concluded between producers or sellers or between producers and sellers provide otherwise the parties concerned shall act in accordance with the provisions of the contracts.ChinaContract Law of the People`s Republic of ChinaArticle 111 If the quality fails to meet the agreed requirements, liability for breach of contract shall be borne in accordance with the agreement between the parties If the liability for breach of contract is not stipulated or is not clearly stipulated, nor can it be determined pursuant to the provisions of Article 61 of this Law, the party suffering the loss may, with reference to the nature of the targeted matter and the degree of the loss, choose in a reasonable manner to demand that the other party bear the liability for breach of contract in such form as repair, replacement, redoing, return of the targeted matter, discount in payment or remuneration
30 Jan 2009 20:30
Post 2 of 23
Quoting from [lawyer Lee]:
Recently we deal with several cases which are about product quality , also there is someone want to know Chinese law on product quality so I post this article hoping it is helpful to you .
If the quality is poor , you can take a lawsuit against the seller or manufacture according to Chinese law LAW OF THE PEOPLES REPUBLIC OF CHINA ON PRODUCT QUALITYArticle 40 A seller shall be responsible for repair or change of the product or for refund of a product if the it is sold under any of the following circumstances and where the product has caused any loss on users or consumers the seller shall compensate for such loss
1 not having the functions it ought to have and no prior explanation thereabout being given by the seller
2 not conforming to the product standards marked on the product or its package
3 not conforming to the state of quality indicated by way of product directions or sample etc.
After repair change refund or compensation has been made according to the provisions of the preceding paragraph if the liability is attributed to the producer or to another seller who had supplied the product hereinafter referred to as supplier the seller shall have the right to recover his losses from the producer or the supplier.
Where a seller fails to make repair change refund or compensation in accordance with the provisions in the first paragraph the department in charge of supervision over product quality or the administrative department for industry and commerce shall order the seller to make rectification.
Where contracts for purchase and sale of products or for processing concluded between producers or sellers or between producers and sellers provide otherwise the parties concerned shall act in accordance with the provisions of the contracts.ChinaContract Law of the People`s Republic of ChinaArticle 111 If the quality fails to meet the agreed requirements, liability for breach of contract shall be borne in accordance with the agreement between the parties If the liability for breach of contract is not stipulated or is not clearly stipulated, nor can it be determined pursuant to the provisions of Article 61 of this Law, the party suffering the loss may, with reference to the nature of the targeted matter and the degree of the loss, choose in a reasonable manner to demand that the other party bear the liability for breach of contract in such form as repair, replacement, redoing, return of the targeted matter, discount in payment or remuneration
Thanks
Donnie
MSN: cdonnie77@yahoo.com.cn
10 Feb 2009 18:54
Post 4 of 23
Thanks, Lawyer Lee.
seek help of legislative authority is a good way.
![[em1]](http://img.alibaba.com/images/eng/style/icon/emoticons_smile.gif){kind=icon}
16 Feb 2009 20:37
Post 6 of 23
Quoting from [lawyer Lee]:
Recently we deal with several cases which are about product quality , also there is someone want to know Chinese law on product quality so I post this article hoping it is helpful to you .
If the quality is poor , you can take a lawsuit against the seller or manufacture according to Chinese law LAW OF THE PEOPLES REPUBLIC OF CHINA ON PRODUCT QUALITYArticle 40 A seller shall be responsible for repair or change of the product or for refund of a product if the it is sold under any of the following circumstances and where the product has caused any loss on users or consumers the seller shall compensate for such loss
1 not having the functions it ought to have and no prior explanation thereabout being given by the seller
2 not conforming to the product standards marked on the product or its package
3 not conforming to the state of quality indicated by way of product directions or sample etc.
After repair change refund or compensation has been made according to the provisions of the preceding paragraph if the liability is attributed to the producer or to another seller who had supplied the product hereinafter referred to as supplier the seller shall have the right to recover his losses from the producer or the supplier.
Where a seller fails to make repair change refund or compensation in accordance with the provisions in the first paragraph the department in charge of supervision over product quality or the administrative department for industry and commerce shall order the seller to make rectification.
Where contracts for purchase and sale of products or for processing concluded between producers or sellers or between producers and sellers provide otherwise the parties concerned shall act in accordance with the provisions of the contracts.ChinaContract Law of the People`s Republic of ChinaArticle 111 If the quality fails to meet the agreed requirements, liability for breach of contract shall be borne in accordance with the agreement between the parties If the liability for breach of contract is not stipulated or is not clearly stipulated, nor can it be determined pursuant to the provisions of Article 61 of this Law, the party suffering the loss may, with reference to the nature of the targeted matter and the degree of the loss, choose in a reasonable manner to demand that the other party bear the liability for breach of contract in such form as repair, replacement, redoing, return of the targeted matter, discount in payment or remuneration
20 Feb 2009 16:45
Post 7 of 23
Quoting from [lawyer Lee]:
Recently we deal with several cases which are about product quality , also there is someone want to know Chinese law on product quality so I post this article hoping it is helpful to you .
If the quality is poor , you can take a lawsuit against the seller or manufacture according to Chinese law LAW OF THE PEOPLES REPUBLIC OF CHINA ON PRODUCT QUALITYArticle 40 A seller shall be responsible for repair or change of the product or for refund of a product if the it is sold under any of the following circumstances and where the product has caused any loss on users or consumers the seller shall compensate for such loss
1 not having the functions it ought to have and no prior explanation thereabout being given by the seller
2 not conforming to the product standards marked on the product or its package
3 not conforming to the state of quality indicated by way of product directions or sample etc.
After repair change refund or compensation has been made according to the provisions of the preceding paragraph if the liability is attributed to the producer or to another seller who had supplied the product hereinafter referred to as supplier the seller shall have the right to recover his losses from the producer or the supplier.
Where a seller fails to make repair change refund or compensation in accordance with the provisions in the first paragraph the department in charge of supervision over product quality or the administrative department for industry and commerce shall order the seller to make rectification.
Where contracts for purchase and sale of products or for processing concluded between producers or sellers or between producers and sellers provide otherwise the parties concerned shall act in accordance with the provisions of the contracts.ChinaContract Law of the People`s Republic of ChinaArticle 111 If the quality fails to meet the agreed requirements, liability for breach of contract shall be borne in accordance with the agreement between the parties If the liability for breach of contract is not stipulated or is not clearly stipulated, nor can it be determined pursuant to the provisions of Article 61 of this Law, the party suffering the loss may, with reference to the nature of the targeted matter and the degree of the loss, choose in a reasonable manner to demand that the other party bear the liability for breach of contract in such form as repair, replacement, redoing, return of the targeted matter, discount in payment or remuneration
WORTH READING BUDDY
24 Feb 2009 09:35
Post 8 of 23
could you please let me know which is the best and safest part of china to buy direct from manufacturers as i am interested in importing solar water heater panels at good quality and good price to South Africa, as there are hundreds on the internet but dificult to know who to choose.
Kind regards Robert
10 Mar 2009 23:31
Post 9 of 23
sclair wrote:It would be better to employ someone in china to be your agent to control the quality before shipment. The problem is how could you find the good agent. You can contact with us if you need some staff to be your agent.could you please let me know which is the best and safest part of china to buy direct from manufacturers as i am interested in importing solar water heater panels at good quality and good price to South Africa, as there are hundreds on the internet but dificult to know who to choose.
Kind regards Robert
11 Mar 2009 00:45
Post 10 of 23
you have to open your eyes, and look into it clear, good luck to you
Company : Guangzhou Shengcai Printing Ltd.co
http://gzshengcai.en.alibaba.com/
Company : Guangzhou Shengcai Printing Ltd.co
http://gzshengcai.en.alibaba.com/
14 Mar 2009 05:46
![[em14]](http://img.alibaba.com/images/eng/style/icon/emoticons_embrace.gif){kind=icon}
very useful!!!