工業(yè)產(chǎn)品質(zhì)量責(zé)任條例【廢止】
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發(fā) 文 號:國發(fā)[1986]42號
發(fā)布單位:國發(fā)[1986]42號
II Quality Responsibility of the Product Manufacturer
Article 8The manufacturer of the product must make sure that the quality of theproduct conforms to the requirements laid down by relevant laws andregulations, quality standards and stipulations of the contract.The manufacturer of the product must set up a strict, well-coordinated andeffective quality-guarantee system, with a view to fixing the qualityresponsibility for the product in an explicit manner.The manufacturer must see to it that the quality-inspecting organ canindependently perform its functions of supervision and testing. It isstrictly forbidden to retaliate against the quality inspectors.Article 9The product shall not leave the factory unless it satisfies the followingrequirements:(1) achieving the quality requirements stipulated in Article 2 of thepresent Regulations, and obtaining the quality certificate of the productissued by testing organ and testing personnel;(2) having the written explanation of, according to specificcharacteristics, the product's name, size, model, ingredients, thepercentage of the ingredients, weight, direction for applications, lot No.of production, date of production, name of manufacturer, address of themanufacturer, and the serial number of the technical specifications of thesaid product; explicitly specifying the date of expiry in case of aproduct with time limit of efficacy. "High-quality" product must bear themark thereof;(3) having the serial number, date of approval and the term of validity ofthe production licence in case of a product manufactured under theproduction licence system;(4) machinery, equipment, devices, apparatus and durable consumer goods,apart from satisfying the requirements in Items (1), (2) and (3) of thisArticle, shall be accompanied with detailed instructions on the use of theproduct. The content thereof includes: the product's technical-economicparameters, service life, range of application, term of guarantee, methodsfor installation, methods of maintenance and conditions for storing, termof technical maintenance and repair, and other effective data concerningthe design parameters of the product. Electric products shall be attachedwith the circuit diagram and schematic diagram;(5) the package must conform to the related state regulations andstandards. As regards the products that are drastically poisonous,dangerous, fragile, can not be laid on by heavy load, needing protectionagainst moisture, can not be turned upside down, there must be, on boththe external and interior packing, obvious indication marks and noticesfor storing and transportation. On the package of the product, there mustbe noted explicitly the actual weights (net and gross);(6) on the product or the package thereof on which the trademark andquality classification and grading system is applied, there shall be signsfor the said trademark, classification and grading;(7) conforming to the requirements of the state laws and regulationsconcerning safety, hygiene, protection of environment and measuring.
Article 10The "substandard" goods that fail to achieve the requirements of therelated state standards, but still have some use value, cannot be marketedat reduced price until having obtained the approval from the competentauthorities of the manufacturer; and on the package there must be clearlymarked with the words of "substandard goods". Products that fail to meetthe requirements of the state laws and regulations concerning safety,hygiene and environmental protection and measuring must be destroyed orundergo necessary technical treatment in good time. They are not allowedto enter the market in the name of "substandard goods"."Substandard goods" are not allowed to be used to manufacture or assemblemarket-oriented products.Article 11Within the guarantee period of the product, in case of the quality foundout of line with the requirements stipulated in Article 2, themanufacturer shall, according to the following different circumstances,undertake the quality liability to the customer and marketing firm:(1) the common part or component loses efficacy and therefore, after beingreplaced, the performance can immediately be restored; in this case, themanufacturer shall be responsible for replacing with qualified parts orcomponents and for restoring the normal performance;(2) in case that the main part or competent of the product has lost theefficacy and cannot be repaired within the set period, the manufacturershall be responsible for replacing with qualified products;(3) in case the major function fails to satisfy the requirements ofArticle 2 due to such causes as designing and manufacture, if the customerrequires to return the goods, the manufacturer shall refund;(4) in case of economic loss caused by the quality faults, themanufacturer shall also compensate for the actual loss;(5) if maintenance and repair service or marketing firm responsible forthe aftersale technical service, so required and manufacturer must,according to the contract of aftersale service, supply sufficient standbyproducts, spare parts and necessary technical support.
【章名】Chapter III Quality Responsibility of Enterprises for Storing or Transporting the Product
Article 12The enterprises which undertake to store, transport, load or unload theproducts must conduct the work of the storing, transportation, loading andunloading in compliance with the relevant state stipulations and thestoring-transporting requirements indicated on the package of the product.Article 13In the course of the product entering the warehouse for storing or leavingthe warehouse, undertaking to transport the product or handing over theproduct, the enterprise that stores or transports the product shallobserve the pertinent state stipulations and the storing-trans-system ofhanding-over and checking before acceptance, so as to define the qualityresponsibility. In case it has been testified that the damage of theproduct is due to the cause of storage, transport or loading andunloading, the enterprises which store, transport or load and unload theproduct shall bear their respective liabilities and, according to relatedgovernment regulations, compensate for the economic loss.
【章名】Chapter IV Quality Responsibility of the Marketing Firm of the Product
Article 14When laying in a stock of merchandise, the marketing firm shall, beforeacceptance, test the product, so that the quality responsibility can beclearly defined. The products sold by the marketing firm must conform tothe requirements stipulated in Articles 7 and 9 of the presentRegulations.Article 15In case the product sold by the marketing firm is found not up to theconditions stipulated in Article 2 within the period of guarantee, themarketing firm shall be responsible for guaranteed repairing, replacement,taking back the product and refunding, and undertaking the responsibilityof compensating for the actual economic loss.
【章名】Chapter V Supervision and Control over the Quality of Product
Article 16The various quality-supervising agencies shall, in accordance with therelevant regulations of the state, organize independently, or togetherwith the industry and commerce administrative authorities, the responsibledepartments of the various trades, and the responsible departments of thevarious manufacturers, regular supervisional sample-checking on thevarious 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 providefacilities with respect to the testing means and working conditions.Unless otherwise stated in state regulations, it is not allowed for thequality-supervising agencies to collect fees from the enterprises forsample-checking on the product, so as to guarantee the impartiality of thesupervising agencies. The expenses needed for the technical means andmeasures and for the test by the quality-supervising age