Article 40 of the Law of the People's Republic of China on Product Quality The seller shall be responsible for repairing, replacing, or returning the product if one of the following circumstances exists:
(1) the product does not have the performance that the product should have and has not been explained beforehand;
(2) it does not conform to the standard that is indicated on the product or its packaging;
(3) it does not conform to the standard that is indicated on the product description, physical object, and other information. Or its packaging indicates the use of product standards;
(C) does not meet the product description, physical samples and other ways to indicate the quality of the situation.
The seller in accordance with the provisions of the preceding paragraph is responsible for the repair, replacement, return, compensation for damages after the producer's responsibility or belong to the seller to provide products to other sellers (hereinafter referred to as the supplier), the seller shall have the right to recover from the producer, the supplier.
The seller fails to give repair, replacement, return or compensation for losses in accordance with the provisions of the first paragraph, the market supervision and management department shall order correction.
Between producers, sellers, producers and sellers concluded between the contract of sale, contract for the contract has a different agreement, the parties to the contract in accordance with the contract.
Article 43 If a product is defective and causes damage to a person or another person's property, the victim may claim compensation from the producer of the product or from the seller of the product. Belonging to the responsibility of the producer of the product, the seller of the product compensation, the seller of the product has the right to recover from the producer of the product. If the seller of the product is responsible and the producer of the product compensates, the producer of the product has the right to recover the compensation from the seller of the product.
Article 44 If a product is defective and causes personal injury to the victim, the aggressor shall compensate for the costs of medical treatment, nursing care during the treatment period, and the reduction of income due to missed work; if the disability is caused, the disabled shall also be paid the costs of self-help living expenses, living subsidies, disability indemnities, and the necessary living expenses of the people supported by the disabled;
If it causes the victim's death, and shall pay the funeral expenses, death compensation, and the living expenses necessary for those who were supported by the deceased before his death.
If the victim's property is damaged due to a defective product, the aggressor shall restore the original state or pay compensation at a discounted price. If the victim suffers other major losses, the aggressor shall compensate for the losses.
Expanded information:
"Chinese People's Republic of China **** and the National Product Quality Law" Article 33 The seller shall establish and implement the purchase inspection and acceptance system, inspection of product certification and other identification.
Article 34 The seller shall take measures to maintain the quality of the products sold.
Article 35 The seller shall not sell the products that the state expressly eliminates and stops the sale of products and expired, deteriorated products.
Article 36 The labeling of products sold by sellers shall conform to the provisions of Article 27 of this Law.
Article 37 The seller shall not forge the place of origin, shall not forge or fraudulently use another person's factory name and address.
Article 38 The seller shall not forge or fraudulent use of certification marks and other quality marks.
Article 39 The seller shall not sell the products, shall not be adulterated, adulterated, shall not be false for the real, substandard, shall not be unqualified products as qualified products.
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