The RF law establishes quality guarantees for each product in order to protect consumer rights. Article 469 of the Civil Code indicates the types and terms of compliance with the rules. But manufacturers often try to violate the requirements of regulatory documents by drawing up an additional service contract ending earlier than the calculated period. They do not know that such a trick does not cancel common obligations for all.
Key Points
The quality assurance system sets the deadlines for complying with the mandatory period when the manufacturer or seller takes the necessary steps to preserve the product in its proper form for use. This period is calculated for each type of product in its own way, time is selected based on the principle of reasonableness.
Articles of the Civil Code of the Russian Federation 469 and 470 establish what quality guarantees are. Provisions work in every area of citizens' life:
- Serving people, real estate, installed equipment.
- Acquisition of general consumption products and specialty goods.
Terms of compliance with the requirements of the Civil Code
Article 469 of the Civil Code of the Russian Federation defines the warranty period established for each type of product separately. Complex types of products require a separate service contract until the start of production at full capacity. The maximum period is not specified in the regulatory documents, and, therefore, has no restrictions. Based on this, quality guarantees are determined by two components:
- legal requirements;
- supplementary agreement.
The term of the supplementary contract in practice exceeds the legally established period. If the manufacturer nevertheless indicated the time less than the actual service of the goods and refused to service, then in court the agreement will be declared invalid.
Content of the legislation
Quality guarantees are established by article 469. The seller must give the buyer the goods in proper condition for use. The purpose of the acquisition must be as specified in the description.
If the purchased item has several parts, quality guarantees are also provided for them. The seller is obliged to maintain the goods in a condition suitable for use throughout the specified period. However, legal requirements are only considered at the time of purchase.
The manufacturer’s warranty provides for the content of goods in a condition that allows its use. But natural wear of the materials from the actions of the buyer is allowed, which does not affect the requirements of the first 4 paragraphs of article 469. An additional agreement between the participants helps to improve the attractiveness of the goods to the consumer.
So, paragraph 1 of the article does not give specific timelines. In the future, this period is established by the examination of the quality of the goods. By court decision, the actual required time of obligations on the part of the seller is recorded. To fix the situation helps the contractual basis of the relationship with the buyer.
How to monitor compliance with production requirements?
State quality control is carried out in order to protect buyers from low-quality goods. The facilities contain special technical supervision services. Timely rejection of products that do not meet the requirements of the technology.
Control and detection of defects occurs at all stages:
- selection and procurement of raw materials;
- conformity control of production technology;
- maintaining defective statements based on the results of verification of the final product.
- storage, sales of products;
- transportation and disposal.
Installation of a complex type of equipment takes more than one month, or even a year. Therefore, a warranty period is assigned upon completion of the installation of equipment. Constant work in the field of technical control of goods becomes indicators of improving the quality of products. It implies:
- search for the reasons leading to the formation of marriage;
- development of a quality management system and following its rules;
- development of instructions for the elimination of basic problems, study of sources of emergency situations.
How is food compliance monitored?
The quality assurance system covers all services of the enterprise. The staff is informed of the need to follow the established rules. The food safety management system of the state obliges to comply with established standards, create conditions for storage of finished products.
Assessment of the state of production is carried out in accordance with generally accepted indicators. Standardization is carried out in each new food industry. Quantitative assessment helps to characterize the state of all economic activity.
The introduced standards not only protect against marriage, but also help to make predictions of deterioration of the condition of equipment, to conduct premature repairs.
What measures are being taken to violators?
When establishing the terms for guaranteeing the quality of services, state bodies strive to prevent marriage and restore justice in case of violations. On the side of buyers is the official representative of the consumer protection authority. However, in controversial situations, the victim often has to pay for the examination from his own funds.
Measures to fight for quality goods are:
- Continuous supervision of compliance with regulatory requirements in the field of product safety.
- In case of violations, official instructions are sent on the deadlines for eliminating the shortcomings. Spoiled goods are removed from production, if necessary.
- Disposal of products hazardous to the health of consumers: expired shelf life, toxic materials in toys or other types of goods. All actions take place to inform consumers about the harm.
Why do you need product certification?
Sale of quality products occurs only after confirmation of compliance with the established requirements and properties of the manufactured product. The federal body for standardization, metrology and certification is engaged in checks and assignment of the level of compliance.
In order to comply with the standards, employees of government departments are vested with certain powers:
- Take samples and analyze the materials used for the goods.
- Write down requirements for elimination of violations, impose penalties for non-compliance with the deadlines.
- Block opportunities for the implementation of marriage, stop production.
- Monitor compliance with sanitary requirements.
- Check the sanitary and epidemiological conclusion of food products.
Inspectors are required to provide unhindered access to production facilities and warehouses. At their request, submit documents to verify the quality of the established indicators.
Additions
Each seller must be responsible for defective goods. If a buyer detects a defect, an examination of the quality of the goods is carried out by the supplier at his own expense. But this rule only works during the warranty period established by law or contract.
If the manufacturer has not indicated a warranty period, the seller sets a period of 14 days from the date of purchase of the goods. The buyer has the right to make a claim after the specified time has elapsed, but the case will be considered in court. The examination is carried out within 20 days from the date of application.
In the claim, the buyer must provide the most complete information about the reasons that prompted the claim. Examination is carried out in case of loss of the declared properties of the goods during the warranty period, in case of disagreement with the manufacturer about the quality of the products. The seller is required to conduct a study as ordered by state regulatory authorities and the court.