The Consumer Association mediates the quality prob

2022-08-02
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On March 13, the official of Jilin Provincial Administration for Industry and Commerce released a typical case of consumer rights protection in Jilin Province in 2017: the Consumer Association for quality problems of agricultural machinery products mediates farmers' satisfaction

[brief introduction to the case]

Mr. Li, a villager of Daxing village, evolutionary Town, Meihekou City, purchased a kensheng 4yz-3b three row self-propelled corn harvester sold by Fushun kensheng agricultural machinery sales company in October 2017 at Tengda Agricultural Machinery Co., Ltd., East Street, Meihekou city. The full price of the harvester was 113000 yuan, of which 75000 yuan was actually collected from farmers, and the remaining 38000 yuan was agricultural machinery subsidies. Mr. Li found that the iron baffle of the harvester was broken through by corn cobs and the mechanical power was insufficient to harvest corn. After sales maintenance has been carried out for nearly ten times, but it still hasn't been resolved. However, another 19 households in the same village purchased corn harvesters of the same brand, model and batch as Mr. Li, and similar situations occurred. Consumers believed that the corn harvester had quality problems, so they went to Meihekou consumers' association with the other 19 farmers to complain

[handling process and results]

after receiving the complaint, the staff of Meihekou Consumer Association and Jilin agricultural machinery technology experts tested the actual use of the corn harvester on site and confirmed that the consumer's feedback was true. In order to thoroughly solve the problem of farmers' corn harvesters, from October 18 to November 20, 2017, Fushun kensheng agricultural machinery sales company arranged two company directors and several technicians to 19 farmers' homes for technical testing and maintenance. After many times of mediation, Fushun kensheng Agricultural Machinery Sales Co., Ltd. and 19 farmers finally reached a mediation agreement according to their respective use conditions, failure causes and other different conditions of the harvesters. For the harvesters with different problems of 19 farmers, they made maintenance, replacement of main parts, replacement of front header, replacement of new machine, return of goods and corresponding compensation, and 19 farmers were satisfied

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Article 7 of the law of the people's Republic of China on the protection of consumers' rights and interests stipulates: "Consumers have the right to protect their personal and property safety when purchasing and using goods and receiving services. Consumers have the right to require that the goods and services provided by business operators meet the requirements for protecting their personal safety and property safety when the light alloy Research Institute of Nanjing University prepares the aluminum based new material industry development plan." Article 11 stipulates: "consumers who suffer personal or property damage due to the purchase or use of commodities or the acceptance of services shall have the right to compensation according to law." Article 24 stipulates: "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 state regulations and the agreement of the parties, or require the operator to perform the obligations of replacement and repair. 3. If there is no national indication error showing" positive before negative "or" negative before positive after positive "on the scale, and individual points exceed the tolerance provisions and the agreement of the parties, the consumer may return the goods within seven days from the date of receiving the goods; After seven days, if the conditions for the statutory termination of the contract are met, the consumer may return the goods in time. If the conditions for the statutory termination of the contract are not met, the consumer may require the business operator to perform the obligations of replacement and repair. " In this case, a number of corn harvesters broke down during use, causing property losses to farmers and prolonging the operation time of autumn harvest. Consumers have the right to claim compensation, and operators should also bear the corresponding compensation

[consumption tips]

the provincial consumers' Association reminds farmers that when purchasing agricultural machinery products, they must pay attention to the following points: first, try to choose agricultural machinery products produced and sold by national formal enterprises, do not trust the advertising and sales personnel 'oral promises of operators, and keep relevant contracts, chat records, communication information and other materials in the transaction process; Second, if conditions permit, it is necessary to investigate the production and operation of the machinery sales unit, whether there are relevant certificates and licenses, and when deciding to purchase agricultural machinery, especially agricultural machinery with a large amount of money, it is necessary to sign a written purchase and sales contract, agree on the quality standard, delivery place, transportation commitment, installation and commissioning, return and exchange conditions, dispute handling methods and other terms, and carefully review other contents of the contract; Third, during receiving and acceptance, carefully observe the appearance of agricultural machinery products and machine assembly, check whether the purchased products have product certificate, operation manual, "Three Guarantees" certificate and relevant technical documents, and whether the machine tools, accessories and spare parts are consistent with the packing list; Fourth, ask for and properly keep the purchase invoice or receipt. In order to generate disputes and protect rights in time

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