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Provisions on the responsibility for repairing, replacing and returning mobile phones
Article 1 In order to effectively protect the legitimate rights and interests of consumers and clarify the responsibilities and obligations of sellers, repairers and producers of mobile phone products for repair, replacement and return, these Provisions are formulated in accordance with the Product Quality Law of People's Republic of China (PRC), the Law of People's Republic of China (PRC) on the Protection of Consumers' Rights and Interests and the Regulations of People's Republic of China (PRC) Telecom. Article 2 These Provisions are applicable to mobile phone products with wireless access function sold in People's Republic of China (PRC) (including hand-held mobile phones, car-mounted mobile phones, fixed-station phones and their accessories, see Annex 1 Three Guarantees Mobile Phone Product Catalogue). The contracts concluded between the seller and the producer or supplier, the seller and the repairer, the producer or the supplier and the repairer shall not be exempted from the three guarantees responsibilities and obligations stipulated in these regulations. Article 4 These Provisions are the most basic requirements for the implementation of three guarantees for mobile phone products. The state encourages sellers and producers to make three-guarantee commitments that are more conducive to safeguarding the legitimate rights and interests of consumers and stricter than these provisions. As an express guarantee, the promise shall be fulfilled according to law, otherwise it shall bear the responsibility according to law. Article 5 A seller shall bear the following responsibilities and obligations:

(a) the sale of mobile phone products, should strictly implement these provisions;

(two) shall implement the system of inspection and acceptance of incoming goods;

(3) Measures shall be taken to maintain the quality of the mobile phone products sold;

(four) when selling, it shall meet the following requirements:

1. Unpacking inspection, correct debugging and presenting mobile phone products to consumers;

2. Check the mobile phone main body number (IMEI serial number) and the factory serial number (batch number), product trademark and model of the network access sign and accessories;

3. Introduce the basic performance, use, maintenance and maintenance methods of the product, as well as the three-guarantee method and repairer;

4. Provide three-guarantee certificate and valid invoice. The three-guarantee certificate shall be filled in accurately and completely (see Annex 2 "Three-guarantee Certificate for Mobile Phone Goods") and stamped with the seller's seal. The valid invoice shall indicate the main engine body number (IMEI serial number), the factory serial number (batch number) of the accessories, the product trademark and model, the date of sale, the seal of the seller, the amount, etc.

(five) shall not sell mobile phone products that do not meet the statutory identification requirements, do not meet the specifications and other express performance and functions, or the product quality is unqualified; Do not sell batteries without production date;

(six) in the period of validity of the three guarantees, the mobile phone commodity fails, and the seller shall bear the responsibility of the three guarantees in accordance with these regulations, and shall not deliberately delay or unreasonably refuse;

(seven) properly handle consumer inquiries and complaints, and provide services. Article 6 Repairers shall bear the following responsibilities and obligations:

(a) the repairer shall have a certificate issued by the maintenance qualification examination and approval agency entrusted by the competent department of industry, and the maintenance personnel shall undergo training and examination and hold relevant certificates;

(two) to undertake the free repair business within the validity period of three guarantees and the paid repair business outside the validity period of three guarantees;

(three) in order to maintain the reputation of sellers and producers, new spare parts that meet the technical requirements and quality standards of products should be used. Carefully record the fault situation before maintenance, fault treatment and quality situation after maintenance;

(four) according to the contract or agreement of the relevant repair agencies, to ensure that all repair costs and repair parts are used for repair; Accept the supervision and inspection of sellers or producers;

(five) to maintain the reserve of common maintenance parts, to ensure the normal maintenance work, and to avoid the delay of maintenance time due to the lack of parts;

(six) to deliver the repaired mobile phone products to consumers face to face, and truthfully and completely fill in the name, address, postal code, telephone number and maintenance record of the repairer on the three-guarantee certificate;

(seven) to bear the responsibility and loss caused by the fault of maintenance;

(eight) to properly handle consumer complaints and accept consumers' inquiries about the quality of goods repair. Article 7 Producers (importers are regarded as producers) shall bear the following responsibilities and obligations:

(1) Having the certificate of telecommunication equipment access issued by the Ministry of Information Industry; The main body of the mobile phone is affixed with the sign of network access permission, and the instruction manual, certificate of conformity and three-guarantee certificate of this model product are randomly carried; The product manual shall be compiled in accordance with the national standard GB 5296. 1 General Instructions for the Use of Consumer Goods, and shall specify the functional characteristics, scope of application, usage methods, maintenance methods, precautions and warnings, and daily fault judgment. The Three Guarantees Certificate shall meet the requirements of Annex 2 "Three Guarantees Certificate for Mobile Phone Goods";

(two) to ensure that the mobile phone products meet the statutory identification requirements, meet the performance and functions expressed in the product manual, and ensure the product quality; The standby time should be clearly marked, and the production date should be clearly marked in the prominent position of the battery;

(3) A repairer with a maintenance qualification certificate suitable for the sales scale shall be established or designated to be responsible for the repair within the validity period of the Three Guarantees, and the name, address, postal code and contact telephone number of the repairer shall be provided; If the name and address of the repairer are revoked or changed, it shall be announced in time;

(four) in accordance with the provisions of the relevant maintenance agency contract or agreement, provide the maintenance expenses incurred within the validity period of the three guarantees; Maintenance expenses shall not be withheld in all aspects of product circulation, but shall be paid in full to the repairer;

(five) in accordance with the relevant repair agency contract or agreement, provide enough qualified spare parts; Ensure that spare parts that meet the technical requirements can continue to be provided within two years after the product is discontinued;

(six) in accordance with the relevant maintenance agency contract or agreement, provide necessary technical support such as maintenance software, technical data and technical training;

(seven) properly handle consumer complaints and inquiries, and provide consulting services.