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GB/T 42504-2023 English PDF (GBT42504-2023)

GB/T 42504-2023 English PDF (GBT42504-2023)

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GB/T 42504-2023: Guidelines on consumer warranties/guarantees
GB/T 42504-2023
GB
NATIONAL STANDARD OF THE
PEOPLE’S REPUBLIC OF CHINA
ICS 03.080.30
CCS A 16
GB/T 42504-2023 / ISO 22059:2020
Guidelines on Consumer Warranties / Guarantees
(ISO 22059:2020, IDT)
ISSUED ON: MARCH 17, 2023
IMPLEMENTED ON: MARCH 17, 2023
Issued by: State Administration for Market Regulation;
Standardization Administration of the People’s Republic of China.
Table of Contents
Foreword ... 3
Introduction ... 4
1 Scope ... 5
2 Normative References ... 5
3 Terms and Definitions ... 5
4 Purpose and Principles ... 8
5 General Requirements ... 8
6 Scope of Warranties / Guarantees ... 10
7 Other Requirements ... 12
Appendix A (informative) Flow Chart of the Right to Redress ... 15
Bibliography ... 17
Guidelines on Consumer Warranties / Guarantees
1 Scope
This document specifies the form and content of warranties / guarantees provided by the
manufacturer and / or supplier to consumers, so as to achieve consumers’ reasonable
expectations for the products.
This document is applicable to transactions, including online transactions, of new and used
products between business and consumers. It also applies to product-related services required
to complete the transactions (for example, tailoring service required for clothes purchasing).
2 Normative References
This document does not have normative references.
3 Terms and Definitions
The following terms and definitions are applicable to this document.
3.1 business
Business refers to an organization that engages in business activities for the purpose of profit
in the process of obtaining or providing products through price or other modes.
3.2 consumer
Consumer refers to an individual that purchases or uses property, products or services for
private purposes.
[source: GB/T 36000-2015, 3.19]
3.3 consumer product
Consumer product refers to a product (3.8) covering digital content (3.4) that is mainly (but not
limited to) designed and produced for personal use, including product components, parts,
accessories, instructions for use, packaging and labeling.
[source: GB/T 35248-2017, 2.2, modified]
3.4 digital content
Digital content refers to data produced and provided to consumers in digital form.
3.5 exclusion
serious imbalance in the rights and obligations of both parties to the contract, and damages the
interests of consumer (3.2).
EXAMPLE: terms such as “goods sold by samples”, “paid money is non-refundable” and “sold
goods are non-returnable”.
3.15 warranty
guarantee
Warranty / guarantee refers to an enforceable promise made by the manufacturer (3.6) or
supplier (3.13) to the consumer (3.2) to properly repair, replace or refund the defective product
(3.8). If the consumer is dissatisfied with the repair, it has the right to request for a replacement
or refund.
3.16 express warranty
express guarantee
Express warranty / express guarantee refers to clearly specified terms in the warranty /
guarantee (3.15) document.
3.17 extended warranty; extended guarantee
Extended warranty / extended guarantee refers to extended warranty / guarantee (3.15) beyond
the specified warranty / guarantee period provided by the manufacturer (3.6) or supplier (3.13)
to the consumer (3.2).
3.18 implied warranty
implied guarantee
Implied warranty / implied guarantee refers to warranty / guarantee (3.15) not expressly stated
by the manufacturer or supplier, but implied in the contract or required by law.
3.19 statutory warranty
statutory guarantee
mandatory warranty
mandatory guarantee
Legally prescribed mandatory warranty / guarantee (3.15).
3.20 vulnerable consumer
Vulnerable consumer refers to a consumer (3.2) who is at a greater risk of harm due to age,
education level, physical condition of lack of the ability to obtain product (3.8) safety
information.
[source: GB/T 35248-2017, 2.30]
4 Purpose and Principles
While complying with applicable laws and international codes of conduct, the business shall be
responsible for the safety, durability and performance of the products. The purpose of this
document is to assist the manufacturer and / or supplier in developing, implementing and
improving product warranties / guarantees. The warranties / guarantees should protect the
consumer against product defects.
The manufacturer / supplier should fulfill the warranties / guarantees to the consumer in
accordance with the following principles:
a) Develop, implement and support consumer product standards to ensure that the
consumer is protected in terms of product safety, performance and durability;
b) Promise to take remedial measures promptly and effectively when the consumer
product fails to meet the expected safety, performance and durability requirements;
c) By establishing production standards that support the warranty / guarantee terms,
promote a product quality culture among the manufacturers and / or suppliers;
d) Develop a process that complies with the requirements of laws, regulations and
various standards, for example, as listed in ISO 10002.
5 General Requirements
5.1 Situation of warranties / guarantees
5.1.1 Registration conditions
The warranties / guarantees shall not require the consumer to pay a fee (unlike extended
warranty, which may require registration and charges), but they shall clarify the supporting
materials (such as: invoice and receipt) that need to be provided for redress.
5.1.2 Registration
The manufacturer and / or supplier should register consumer warranties / guarantees online in
an appropriate mode. Consumers who have registered their purchases online shall not be
required to provide a warranty / guarantee card to the manufacturer or supplier. Full coverage
of the scope of the warranties / guarantees shall be ensured.
5.1.3 Infringement
5.4 Breach of Warranties / guarantees
5.4.1 Event of breach
The warranty / guarantee document shall clearly state what is warrantied / guaranteed for safety,
performance and durability.
5.4.2 Resolution process
The warranty / guarantee document shall clearly state the consumer claims / complaints process.
5.4.3 Recurrent defects
Products with repeated warranty claims / complaints due to the same fault shall be fully replaced
or refunded with the consent of the consumer.
5.5 Exclusion of Warranties / guarantees
5.5.1 Exclusion / limitation of liability
The scope of the manufacturer and / or supplier’s exclusion shall be reasonable and clear. If it
can be proved that the fault was caused by the consumer’s improper operation, for example,
adding diesel to a gasoline vehicle, then, exclusion will be allowed.
5.5.2 Unfair terms
The warranties / guarantees shall not contain unfair terms.
If a consumer is injured as a result of using the product, the terms shall not exempt the
manufacturer and / or supplier from the liability.
6 Scope of Warranties / Guarantees
6.1 General Rules
The product supply contract should protect the consumer through several express and implied
warranty / guarantee terms, see 6.2 ~ 6.9.
6.2 Warranties / guarantees of Ownership / Legal Rights
The consumer shall obtain products with clear property rights, that is, the seller shall have legal
qualifications before selling the products.
6.3 Quality Warranties / guarantees
The product quality shall be acceptable, that is, in accordance with price and description, the
product shall reach a reasonable level of quality and performa...
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