工业产品质量责任条例 REGULATIONS ON QUALITY RESPONSIBILITY FOR INDUSTRIAL PRODUCTS

damage of the product is due to the cause of storage， transport or loading and unloading， the enterprises which store， transport or load and unload the product shall bear their respective liabilities and， according to related government regulations， compensate for the economic loss.

　　Chapter IV Quality Responsibility of the Marketing Firm of the Product

　　Article 14 When laying in a stock of merchandise， the marketing firm shall， before acceptance， test the product， so that the quality responsibility can be clearly defined. The products sold by the marketing firm must conform to the requirements stipulated in Articles 7 and 9 of the present Regulations.

　　Article 15 In case the product sold by the marketing firm is found not up to the conditions stipulated in Article 2 within the period of guarantee， the marketing firm shall be responsible for guaranteed repairing， replacement， taking back the product and refunding， and undertaking the responsibility of compensating for the actual economic loss.

　　Chapter V Supervision and Control over the Quality of Product

　　Article 16 The various quality-supervising agencies shall， in accordance with the relevant regulations of the state， organize independently， or together with the industry and commerce administrative authorities， the responsible departments of the various trades， and the responsible departments of the various manufacturers， regular super visional sample-checking on the various links such as manufacture， storing， transportation， and marketing， and regularly publicize the result of the testing of the samples. Enterprises must honestly furnish the samples for checking and provide facilities with respect to the testing means and working conditions. Unless otherwise stated in state regulations， it is not allowed for the quality-supervising agencies to collect fees from the enterprises for sample-checking on the product， so as to guarantee the impartiality of the supervising agencies. The expenses needed for the technical means and measures and for the test by the quality-supervising agencies shall be covered by the state or local f

inancial allocations according to the actual needs.

　　The economic commission at various levels are responsible for leadership， organization and coordination of the supervision and control over product quality.

　　Article 17 Responsible departments of the trades and responsible departments for the enterprises at various levels are responsible for the control over the quality of products in the respective trades within their authorization， which covers： formulating or taking part in the formulation of the quality standards for the products in their respective areas of responsibility and the pertinent rules and regulations， being responsible for supervision and control over the quality of products， urging the enterprises to ensure the quality of product， perfecting the quality guaranteeing system， and organizing the issuance of production licences.

　　Article 18 Exercise social supervision over the quality of product. The customer can make inquiries about the quality of the product at the manufacturer， the enterprises for storing and transporting， and the marketing firms； and the social associations and organizations can help the customers participate in the mediation， arbitration over quality disputes， and support the customers to file lawsuits with the people's court.

　　Article 19 The customer can， according to the mutual agreement between the customer and manufacturer， send his representative to the manufacturer to conduct on-the-spot-supervision over the process of the production and the quality of the product.

　　Chapter VI Settlement of Disputes over Quality Responsibility for the Product

　　Article 20 Any dispute arising from the quality of product shall， provided there is an economic contract， observe the relevant stipulations in the Economic Contract Law. In the absence of such contracts， either party to the dispute can refer the dispute to a relevant quality-supervising agency for mediation or settlement， or take the case to the people's court.

　　Article 21 In case of any dispute over the data of technical testing of the quality of product， the party concerned or the mediating or arbitrating agencies can entrust legally designated quality-testing unit for arbitral testing； and the said quality testing unit shall be responsible for the data of the arbitral testing.

　　Article 22 Unless otherwise stipulated by the government， the request for arbitration or prosecution over quality responsibility shall be raised within one year from the date the party concerned is aware of or should be aware of his interest and rights being damaged. Where the party bearing the quality responsibility for the product is willing to bear the responsibility， it is not limited by the term of validity.

　　Chapter VII Penalties

　　Article 23 Where the product of an enterprise fails to reach the state-stipulated standards， the competent authoritative department of the said enterprise shall order the enterprise to rectify production within a fixed period. Where the said rectification within the fixed period turns out to be of no effect， the competent authoritative department of the said enterprise shall order it to stop production or switch over to a new line of products， or even suggest that the relevant authorities revoke the production licence and the business licence. In the period of rectification， the competent authoritative department responsible for the said enterprise may， according to different circumstances， deduct the bonus and wages of the executive members of the enterprise and of the staff and workers.

　　Article 24 Where the manufacturer or marketing firm has committed one of the following acts in violation of the stipulations of the present Regulations， the authoritative department responsible for the enterprise or firm shall mete out disciplinary punishment to the responsible persons of the enterprise and to the persons bearing direct responsibility； a

nd the industry and commerce administrative organ shall confiscate all the illegal income， and impose on it a fine equivalent to 15% to 20% of the illegal income according to the degree of seriousness of the case； or even the legal liabilities shall be fixed by the judicial organs through due investigation.

　　1. manufacture or market adulterated product or imitated product， or pass off “substandard” product as qualified；

　　2. manufacture or market products without indicating the name and address of the manufacturer；

　　3. manufacture or market products without quality certificate；

　　4. manufacture or market products of which the State has issued explicit order for their elimination；

　　5. manufacture or market the products on which the State adopts the system of production licence， but fails to renew the said production licence after its expiry；

　　6. manufacture or market products manufactured or assembled with unqualified raw materials， parts or components；

　　7. manufacture or market products in violation of the requirements stipulated by state laws and regulations concerning safety， hygiene， environmental protection and measuring；

　　8. market products which have passed the expiry date.

　　The incomes collected from fines shall be handed to the state treasury.

　　Article 25 In the course of sample-check on quality supervision， in case it is found that the manufacturer or marketing firm has committed the act（s） listed in Article 24， the quality-supervising agency shall treat the case according to the stipulation in Article 24. As regards the product not in conformity to the provision of Item （7） of Article 9 of the present Regulations， the product shall be destroyed on the spot by the quality-supervising agency or be given the necessary technical treatment； and the manufacturer and the marketing firm shall be ordered to recover within the given time all the substandard products that have already been sold. In case of violation of the stipulations in Article 8 of the present Regulations， or retaliation against quality-testing personnel， or the working personnel in quality-supervising and quality-testing agencies act wrongly out of personal consideration， the responsible authoritative department shall mete out disciplinary punishment. As regards those of extraordinary seriousness， criminal liabilities shall be investigated and fixed according to law.

　　Article 26 Where the poor quality of the product has resulted in the injury or death of the customer， and in his loss of property， hence violating the criminal code， the judicial organs shall investigate and fix the legal liability of the party concerned.

　　Article 27 The above-mentioned penalty does not acquit the party bearing the quality responsibility of its responsibility for the guaranteed repair， replacement， recovering the product with the money already paid， and the compensation for the actual economic loss to the customer（s）。

　　Chapter VIII Supplementary Provisions

　　Article 28 The relevant responsible authorities may， in line with the provisions of the present Regulations， work out the implementing details. The quality responsibility regulations for import export products， for goods with military application as well as goods for special requirements， the relevant authorities may， with reference to the principles of the present Regulations， enact separate specific regulations.

　　Article 29 The present Regulations apply to all enterprises with ownership by the whole people， enterprises with ownership by the collective， individual industrial and commercial operators as well as the C

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