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Provisions on the responsibility for repairing, replacing and returning goods of mobile phones

(deliberated and adopted at the executive meeting of the General Administration of Quality Supervision, Inspection and Quarantine on September 5, 20001year, the executive meeting of the State Administration for Industry and Commerce on June 6, 20001year, and the ministerial meeting of the Ministry of Information Industry on August 0, 20001year.

Article 1 These Provisions are formulated in accordance with the Product Quality Law of the People's Republic of China, the Law of the People's Republic of China on the Protection of Consumers' Rights and Interests, and the Regulations of the People's Republic of China on Telecommunications, in order to effectively protect the legitimate rights and interests of consumers and clarify the responsibilities and obligations of sellers, repairers and producers of mobile phone products for repair, replacement and return.

Article 2 These Provisions shall apply to mobile phone products sold in the People's Republic of China with wireless access (including hand-held mobile phones, car-mounted mobile phones, fixed station phones and their accessories, see Appendix 1 Catalogue of Mobile Phone Products with Three Guarantees).

Article 3 The principle that whoever sells mobile phone products is responsible for three guarantees shall be implemented. The contracts concluded between the seller and the producer or supplier, the seller and the repairer, the producer or the supplier and the repairer shall not be exempted from the responsibilities and obligations of the three guarantees stipulated in this regulation.

Article 4 These Provisions are the most basic requirements for the implementation of three guarantees for mobile phone products. The state encourages sellers and producers to make three-guarantee commitments that are more conducive to safeguarding the legitimate rights and interests of consumers and stricter than these provisions. As an express guarantee, the promise shall be fulfilled according to law, otherwise it shall bear the responsibility according to law.

Article 5 A seller shall bear the following responsibilities and obligations:

(a) the sale of mobile phone products, should strictly implement these provisions;

(two) shall implement the system of inspection and acceptance of incoming goods;

(three) measures should be taken to maintain the quality of mobile phone products sold;

(four) when selling, it shall meet the following requirements:

1 unpacking inspection, correct debugging, and submit the mobile phone products to consumers;

2. Check the body number (IMEI serial number) of the mobile phone host, the factory serial number (batch number) of the network access sign and accessories, the product trademark and model;

3. Introduce the basic performance of the product, use, maintenance and maintenance methods, as well as the three-guarantee method and repairer;

4. Provide three-guarantee vouchers and valid invoices. The three-guarantee vouchers should be filled in accurately and completely (see Appendix 2 "Three-guarantee vouchers for mobile phones") and stamped with the seller's seal. The valid invoices should indicate the host machine serial number (IMEI serial number), the factory serial number (batch number) of the accessories, the product trademark and model, the date of sale, the seller's seal, the amount and other contents;

(five) shall not sell mobile phone products that do not meet the statutory identification requirements, do not meet the performance and functions expressed in the instructions, or the product quality is unqualified; Do not sell batteries without production date;

(six) within the validity period of the three guarantees, the mobile phone commodity fails, and the seller shall bear the responsibility of the three guarantees according to these regulations, and shall not deliberately delay or unreasonably refuse;

(seven) properly handle consumer inquiries and complaints, and provide services.

Article 6 Repairers shall bear the following responsibilities and obligations:

(a) the repairer shall have a certificate issued by the maintenance qualification examination and approval agency entrusted by the competent department of industry, and the maintenance personnel shall be trained and examined and hold relevant certificates;

(two) to undertake the free repair business within the validity period of the three guarantees and the paid repair business outside the validity period of the three guarantees;

(three) to maintain the reputation of sellers and producers, we should use new spare parts that meet the technical requirements and quality standards of products; Carefully record the fault situation before repair, fault handling and quality situation after repair;

(four) according to the relevant repair agency contract or agreement, to ensure that all repair costs and repair parts are used for repair; Accept the supervision and inspection of sellers or producers;

(five) to maintain the reserve of commonly used maintenance parts, to ensure the normal maintenance work, and to avoid the delay of maintenance time due to the lack of spare parts;

(six) to submit the repaired mobile phone products to consumers in person and fill in the name, address, postal code, telephone number and maintenance records of the repairer on the three-guarantee certificate truthfully and completely;

(seven) to bear the responsibilities and losses caused by their own repair faults;

(eight) properly handle consumer complaints and accept consumer inquiries about the quality of goods repair.

Article 7 Producers (importers are regarded as producers) shall bear the following responsibilities and obligations:

(1) Having a certificate of network access for telecommunication equipment issued by the Ministry of Information Industry; The main body of the mobile phone is affixed with a sign of network access permission, and the product instruction manual, certificate of conformity and three-guarantee certificate of this model are randomly carried; The product manual shall be compiled according to the requirements of the national standard GB5296 1 General Instructions for Consumer Goods, and shall specify the functional features, scope of application, use, maintenance and maintenance methods, precautions and warnings, routine fault judgment, etc. The three-guarantee certificate shall meet the requirements of Appendix 2 "Three-guarantee Certificate for Mobile Phone Goods";

(two) to ensure that the mobile phone products meet the requirements of legal identification, meet the performance and functions expressed in the product manual, and ensure the quality of the products; The standby time should be clearly indicated, and the production date should be clearly marked in a prominent position of the battery;

(3) It shall set up or designate a repairer with maintenance qualification certificate suitable for the sales scale to be responsible for the repair within the validity period of the Three Guarantees, and provide the name, address, postal code and contact telephone number of the repairer; If the name and address of the repairer are revoked or changed, it shall be announced in time;

(four) in accordance with the provisions of the relevant repair agency contract or agreement, provide the maintenance expenses incurred within the validity period of the three guarantees; Maintenance costs shall not be withheld in all aspects of product circulation, and shall be paid to the repairer in full;

(five) in accordance with the relevant repair agency contract or agreement, provide enough qualified spare parts; Ensure that spare parts that meet the technical requirements can continue to be provided within two years after the product is discontinued;

(six) in accordance with the relevant repair agency contract or agreement, provide necessary technical support such as maintenance software, technical data and technical training;

(seven) properly handle consumer complaints and inquiries, and provide consulting services.

Article 8 The three-guarantee period of the mobile phone host is one year, and the three-guarantee period of the accessories is shown in Appendix 1 Catalogue of Mobile Phone Products with Three-guarantee. The validity period of the three guarantees is calculated from the date of issuing the invoice, deducting the time delayed due to repair and no spare parts to be repaired. If the last day of the validity period of Three Guarantees is a legal holiday, the day after the holiday shall be the last day of the validity period of Three Guarantees.

Article 9 Within the validity period of the Three Guarantees, consumers shall enjoy the right to repair, replace and return goods in accordance with these provisions, and the repair, replacement and return of goods shall be handled with the invoice and the Three Guarantees certificate.

If the consumer loses the invoice and the three-guarantee certificate, but can provide valid evidence such as the bottom copy of the invoice or the copy of the invoice (bottom copy) to prove that the mobile phone product is within the validity period of the three guarantees, the seller, repairer and producer shall bear the responsibility of free repair and replacement in accordance with these Provisions.

If the consumer loses the invoice and the three-guarantee certificate, and cannot provide valid evidence such as the bottom copy of the invoice or the copy of the invoice (bottom copy), but the factory date displayed according to the host machine body number (IMEI serial number) is still within the validity period of the three guarantees, the 90th day after the factory date shall be the starting date of the validity period of the three guarantees, and the seller, repairer and producer shall be responsible for free repair in accordance with these Provisions.

Article 10 Within the validity period of three guarantees, if there is a quality problem with the mobile phone host, the repairer will repair it free of charge. The repairer shall ensure that the repaired mobile phone products can be used normally for more than 30 days.

Article 11 If the main unit of the mobile phone has a performance failure listed in Appendix 3 "Product Performance Failure Table of Mobile Phone" within 7 days from the date of sale, consumers can choose to return, exchange or repair it. When a consumer requests a replacement, the seller shall replace the mobile phone of the same model and specification for the consumer free of charge. When the consumer requests to return the goods, the seller shall be responsible for returning the goods for the consumer free of charge, and refund the payment in one lump sum according to the invoice price.

Article 12 If the main unit of the mobile phone has performance faults listed in Appendix 3 "Table of Product Performance Faults of Mobile Phone" from the 8th day to15th day from the date of sale, consumers can choose to exchange or repair it. When a consumer requests a replacement, the seller shall replace the mobile phone host of the same model and specification for the consumer free of charge.

Article 13 In the period of validity of the Three Guarantees, if the mobile phone host fails to work normally after two repairs, the seller shall be responsible for replacing the mobile phone host of the same model and specification for consumers free of charge based on the repair records provided by the repairer in the Three Guarantees Certificate.

Article 14 Within the validity period of the Three Guarantees, if the accessories of mobile phones such as batteries, chargers, mobile terminal cards, external wired earphones and data interface cards have performance failures listed in Appendix 3 of these Provisions, the seller shall replace the accessories of the same brand, model and specification for consumers free of charge. If it still can't be used normally after being replaced twice, the seller shall be responsible for returning the goods for consumers free of charge, and if it is sold separately, the payment will be refunded at the invoice price once; If it is sold together with the host computer, the payment will be refunded at the price of separate sales at the time of return.

Article 15 If the main unit of a mobile phone sent for repair cannot be repaired within 7 days, the repairer shall provide the consumer with a spare machine free of charge, and recover the spare machine after the original machine is repaired.

Article 16 If the repairer delays the maintenance time due to the manufacturer's failure to provide spare parts according to the contract or agreement, and it has not been repaired for more than 60 days since the date of repair, the seller shall be responsible for replacing the mobile phone host of the same model and specification for consumers free of charge based on the repair records provided by the repairer in the invoice and the three-guarantee certificate.

Article 17 If the repair time exceeds 30 days due to the repairer's own reasons, the seller shall be responsible for replacing the mobile phone host of the same model and specification for consumers free of charge based on the repair records provided by the repairer in the invoice and the three-guarantee certificate.

Article 18 If the seller meets the exchange conditions, but there is no commodity of the same model and specification, and the consumer is unwilling to exchange the commodity of other models and specifications and requests to return the goods, the seller shall be responsible for returning the goods for the consumer free of charge, and refund the payment in one lump sum according to the invoice price.

Article 19 If the seller meets the exchange conditions and has the same model and specifications of mobile phone products, and the consumer is unwilling to exchange them and requests to return them, the seller shall return them, but the used products shall be charged depreciation fees according to the depreciation rate specified in Appendix 1 Catalogue of Mobile Phone Products with Three Guarantees. The calculation date of depreciation expense is from the date of issuing the invoice to the date of return, in which the repair occupation and the time to be repaired shall be deducted.

Article 20 When exchanging goods, new commodities shall be provided.

Twenty-first after the exchange, the validity period of the three guarantees of goods shall be recalculated from the date of exchange. The seller shall affix a seal on the back of the invoice, indicate the replacement date and provide a new three-guarantee certificate.

Article 22 If a seller is responsible for returning goods or exchanging goods for consumers according to these provisions, he shall claim compensation from the responsible producer or supplier according to law, or handle it according to the purchase and sale contract; If it is the responsibility of the repairer, it shall claim compensation from the repairer according to law, or it shall be handled according to the repair contract or agreement. If the producer or supplier, after making compensation according to the above provisions, is the responsibility of the repairer, it shall claim compensation from the repairer according to law, or it shall be handled according to the repair contract or agreement.

Twenty-third mobile phone products donated in business activities shall bear the responsibility of three guarantees in accordance with these provisions.

Twenty-fourth mobile phone products under one of the following circumstances, do not implement three guarantees, but can be repaired at a reasonable charge:

(a) more than three packs of valid;

(two) there is no three-guarantee certificate and valid invoice, except that it can prove that the mobile phone product is within the validity period of three guarantees;

(three) the contents of the three-guarantee certificate are inconsistent with or altered by the physical identification of the goods;

(4) Failing to use, maintain or maintain the product according to the requirements of the product instruction manual, resulting in damage;

(five) the repairer who is not responsible for the three guarantees has dismantled and caused damage;

(6) Damage caused by force majeure.

Twenty-fifth producers, sellers, repairers bankruptcy, closure, merger, division, the three guarantees liability in accordance with relevant state laws and regulations.

Article 26 When a consumer has a dispute with a seller, repairer or producer due to the problem of three guarantees, he may apply for mediation to the consumer association, the quality complaint center of mobile phones (telephones) in the information industry department, the user committee of the Quality Management Association and other relevant organizations, and the relevant organizations shall actively accept it.

Article 27 If a seller, repairer or producer fails to undertake the three-guarantee responsibility according to these provisions, the consumer may appeal to the complaint institution of the product quality supervision department or the consumer complaint reporting center of the administrative department for industry and commerce, and the product quality supervision department or the administrative department for industry and commerce shall order it to make corrections.

Where a seller, repairer or producer deliberately delays or unreasonably refuses the request of a consumer for repair, replacement or return, the administrative department for industry and commerce, the product quality supervision department and the information industry department shall punish it according to the provisions of relevant laws and regulations and announce it to the public.

Article 28 If the seller, repairer or producer fails to undertake the three-guarantee liability according to these provisions, the consumer may also reach an arbitration agreement with the seller, repairer or producer in accordance with the provisions of the Arbitration Law and apply to an arbitration institution established by the state for an award; You can also bring a lawsuit directly to the people's court.

Article 29 Where it is necessary to conduct commodity quality inspection or appraisal, a product quality inspection institution qualified and authorized according to law or a product quality supervision department at or above the provincial level may be entrusted to conduct product quality inspection or appraisal.

Article 30 The General Administration of Quality Supervision, Inspection and Quarantine, the State Administration for Industry and Commerce and the Ministry of Information Industry shall be responsible for the interpretation of these Provisions according to their respective functions and duties.

Article 31 These Provisions shall be implemented as of 200 1 year1month 15.