Equipment quality guarantee new regulations

Quality deposit, is in the construction project in order to ensure the quality of the project and in the event of defects can be repaired funds, the national law is also relevant provisions, so we need to have some knowledge and understanding of this aspect. So the following for you to organize the new provisions of the equipment quality margin of knowledge, welcome to read, I hope to help you. First, equipment quality guarantee deposit new provisions

In general, the proportion of equipment quality guarantee deposit between 5% -10%, the two sides negotiated to decide.

"Interim Measures for the Administration of Construction Quality Guarantee"

Article 3 of the contractor should be clear in the bidding documents, such as security deposit reservation, return, and with the contractor in the terms of the contract on the following matters relating to the security deposit:

(a) the security deposit reservation, the return method;

(b) the proportion of the security deposit reserved for the period;

(D) defects in the period of responsibility and calculation;

(E) deposit reservation, return and maintenance of the quality of the project, the cost of disputes in the handling procedures;

(F) defects within the defects in the defects liability period of the claim mode.

Second, what is the difference between product defects and product defects

Product defects and product defects are different in the following aspects:

(1) the different elements: product defects do not contain an unreasonable risk of endangering the safety of persons and property. Product defects, on the other hand, contains an unreasonable risk of endangering the safety of persons and property.

(2) different subjective principles of attribution: product defects mainly use the principle of fault, that is, by the producer, seller in the provision of goods or services only when there is a subjective fault, should bear the liability; product defects are the implementation of the principle of fault and strict liability of the two.

The implementation of the seller is the principle of fault liability and no-fault liability in special circumstances; the producer is the implementation of the principle of no-fault liability, that is, as long as the damage caused by the producer to bear the liability, regardless of the subjective existence of fault.

(3) the order of compensation is different: product defect liability is first by the seller is responsible for repair, replacement, return, compensation for loss. For the producer's responsibility or belong to the seller to provide products to the seller of the responsibility of other sellers, the seller to the consumer compensation before the right to the producer, the supplier to recover.

Therefore, the order of compensation is divided. The liability of product defects is not sequential, the victim can ask for compensation to the producer of the product, but also to the seller of the product to claim compensation. Belong to the producer of the product's responsibility, the seller of the product compensation, the seller of the product has the right to recover from the producer of the product. Belong to the responsibility of the seller of the product, the producer of the product compensation, the producer of the product has the right to recover from the seller of the product.

(4) the applicable liability is different: product defects are mainly applicable to breach of contract, if there is an infringement of property and personal rights of the incident occurred, before the application of tort liability. Product defects are applicable to both breach of contract liability, but also applicable to tort liability, by the victimized consumers to choose one of them.

(5) different statutes of limitations: product defects apply to the ordinary statute of limitations, that is, from the time the parties know or should know that their rights and interests have been harmed, the statute of limitations period of two years, the longest statute of limitations for twenty years. And product defects are different.

According to Article 45 of the Product Quality Law: "The defective products caused by damage to the claim for compensation for the statute of limitations period of two years from the time when the parties know or should know that their rights and interests have been harmed. Because the product is defective damage caused by the right to claim compensation, in the damage caused by defective products delivered to the initial consumer full ten years lost; however, has not exceeded the express safe use of the period of exception."

Third, product liability in the scope of compensable generally include the following aspects

(1) personal injury caused by direct property expenditures and indirect losses can be loss of profits. Direct property expenses, such as medical treatment costs, hospitalization costs, generally should be the location of the treatment hospital bills. For the injured, disabled people in the future necessary and reasonable medical expenses should also be considered to be compensated, such as disabled people for prosthetic limbs, false eyes and other costs. Indirect losses can be gained benefits, such as the victim's salary income and entitlement to bonuses, approved by the hospital dedicated caregiver's lost wages and entitlement to bonuses and so on.

(2) Direct property expenses and necessary pensions arising from the death of a person.

(3) direct loss of property damage. Including the reasonable costs of repairing, reworking and replacing the lost property. On the issue of compensation, there is no compensation limit, the parties in the product liability litigation to determine the compensation, neither less nor too high, in principle, the amount of compensation to be consistent with the actual loss. In addition, if the product defects caused by the victim's lifelong disability, its mental suffering, the victim can also ask for appropriate mental compensation.

I believe that we read the above introduction more or less should know, equipment quality assurance provisions or more, such as the proportion of equipment quality assurance, return, period, etc. are relevant provisions, this point we should pay attention to. The above is the compilation of the new provisions of the equipment quality deposit related content, I hope to provide you with help.