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What should you do when products quality is poor in China

Recently I deal with several cases which are about product quality , also there is someone want to know Chinese law on product quality  so I post this article hoping it is helpful to you . If the quality is poor , you can take a lawsuit against the seller or manufacture according to Chinese law .LAW OF THE PEOPLES REPUBLIC OF CHINA ON PRODUCT QUALITYArticle 40 A seller shall be responsible for repair or change of the product or for refund of a product if the it is sold under any of the following circumstances and where the product has caused any loss on users or consumers the seller shall compensate for such loss1 not having the functions it ought to have and no prior explanation thereabout being given by the seller2 not conforming to the product standards marked on the product or its package3 not conforming to the state of quality indicated by way of product directions or sample etc.After repair change refund or compensation has been made according to the provisions of the preceding paragraph if the liability is attributed to the producer or to another seller who had supplied the product hereinafter referred to as supplier the seller shall have the right to recover his losses from the producer or the supplier.Where a seller fails to make repair change refund or compensation in accordance with the provisions in the first paragraph the department in charge of supervision over product quality or the administrative department for industry and commerce shall order the seller to make rectification.Where contracts for purchase and sale of products or for processing concluded between producers or sellers or between producers and sellers provide otherwise the parties concerned shall act in accordance with the provisions of the contracts.ChinaContract Law of the People`s Republic of ChinaArticle 111 If the quality fails to meet the agreed requirements, liability for breach of contract shall be borne in accordance with the agreement between the parties If the liability for breach of contract is not stipulated or is not clearly stipulated, nor can it be determined pursuant to the provisions of Article 61 of this Law, the party suffering the loss may, with reference to the nature of the targeted matter and the degree of the loss, choose in a reasonable manner to demand that the other party bear the liability for breach of contract in such form as repair, replacement, redoing, return of the targeted matter, discount in payment or remuneration

Posted on 2013-02-14 23:26:44

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 Is this to protect the Chinese retail customer for any products they might buy, as to having products made in a factory production and exported to another country, if this act could be true for the importer i am sure many people would want to make claims.But buyers must understand that if they control the production and make sure the product is right to import to their country, and make pre-shipment checks they should have little worries in this area.Hope to hear your thoughts Mr Lee

2013-02-14 23:26:44
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