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LAW OF UKRAINE

of June 5, 2003 No. 900-IV

About protection of the rights of buyers of farm vehicles

(as amended on 20-09-2019)

This Law governs the relations between buyers of farm vehicles and their producers, sellers, contractors and services in technical service, establishes the rights and obligations of buyers, determines the mechanism of realization of the state protection of buyers, obligations and responsibility of producers, sellers, contractors, services.

Section I General provisions

Article 1. Determination of terms

In this Law terms are used in the following value:

safety of the farm vehicle, work, service in technical service - lack of any risk for life, health, property of the buyer and the surrounding environment in case of usual conditions of their use, storage, transportation and utilization;

the contractor - the legal entity or physical person performing works and rendering services in technical service for other person for the purpose of profit earning;

producer - the legal entity or physical person (the company, the organization, organization, the citizen entrepreneur) manufacturing machines for realization, representing itself the producer, and also any other person importing machines on the territory of Ukraine for trade or other type of activity;

warranty period - the term established by producer of the machine during which, in case of observance of the corresponding conditions of use and storage, the machine, including components and its components, shall conform to requirements of the legislation and during which the producer, the seller, the contractor fulfill warranty obligations;

the dealer - legal entity or physical person which, performing functions of the seller, conducts procurement of machines for subsequent their sale and renders services in technical service;

the agreement - the agreement between the buyer and the producer, the seller, the contractor on quality, terms, the price and other conditions on which purchase and sale of the machine, performance of work and rendering services are performed;

essential shortcoming - the shortcoming making impossible or inadmissible use of the machine, work, service according to their purpose;

the farm vehicle - all types of the equipment and equipment for agro-industrial complex;

shortcoming - separate discrepancy of the machine, work, service to requirements of regulatory legal acts and or to conditions of agreements;

the seller - the legal entity or physical person (the company, the organization, organization, the citizen entrepreneur) realizing machines wholesale or at retail;

the buyer - the legal entity or physical person using, acquiring, ordering or intending to acquire or order the machine, work, service;

technical service - complex of works and services in providing buyers with farm vehicles, effective use and their maintenance in good repair during the entire period of operation.

Article 2. Legislation of Ukraine on protection of the rights of buyers of farm vehicles

The legislation of Ukraine on protection of the rights of buyers of farm vehicles consists of this Law and other acts of the legislation which are issued according to it.

Article 3. International agreements

If the international treaty of Ukraine which consent to be bound is this the Verkhovna Rada of Ukraine establishes other rules, than those which are available in the legislation of Ukraine on protection of the rights of buyers of farm vehicles then are applied rules of the international treaty.

Section II of the Right of buyers of farm vehicles and their protection

Article 4. Rights of buyers of farm vehicles

The buyers of farm vehicles who are in the territory of Ukraine in case of acquisition, the order or use of machines, works, services in technical service for production of agricultural products have the right on:

free choice of the seller of the machine and methods of its delivery, and also operator, services in technical service;

information on machines, their producers and contractors, services in technical service;

safety for their life and health, the surrounding environment and property, the acquired machines or the performed works, services in case of usual conditions of their use, storage, servicing, transportation and utilization;

proper quality of machines and works, services in technical service;

indemnification, the caused machines, works, services in technical service of inadequate quality, and also the property and moral (non-property) harm done by dangerous machines, works, services in technical service, (harmful) to life and human health, in the cases provided by the law;

appeal to the court, state bodies, local government bodies, public organizations behind protection of the violated rights.

Article 5. State protection of the rights of buyers of farm vehicles

1. The state provides protection of the rights of buyers of farm vehicles specified in article 4 of this Law and possibility of acquisition or obtaining with other legal methods of machines, works, services in technical service in the amounts providing their requirements for production organization of agricultural products.

2. The state protection of the rights of buyers of machines, users of services in technical service within the competence perform the central executive body which provides forming of state policy in the field of consumer protection, the central executive bodies which implement state policy in spheres of the state control of compliance with law about consumer protection, labor protections, Council of Ministers of the Autonomous Republic of Crimea, other executive bodies, local government bodies, and also judicial authorities.

Article 6. Right of buyers of farm vehicles to the choice of the seller of machines, contractor, services in technical service

1. Buyers of farm vehicles are granted the right of the free choice of the seller of the machine and methods of its delivery and the contractor, services in technical service.

2. Car sales, performance of works, rendering services are performed only on contractual basis.

Article 7. Right of the buyer of farm vehicles to information

1. Buyers of machines have the right to the necessary, available, reliable and timely information about machines, works, services providing possibility of their competent choice.

Information shall be provided to buyers before acquisition by them of the machine or the order of work, service.

Information on the machine, work, service shall contain:

name of the machine;

specifying of regulatory legal acts to which requirements farm vehicles, works, services shall conform;

the machines this about the main properties, works, services, conditions of use and storage, caution about safety of use, and also other information which extends to the specific machine, work, service;

data on possibility of formation of unhealthy working conditions with machine and contraindications on its application;

data on the price, conditions and rules of acquisition of machines, performance of works, rendering services;

date of production of the machine;

warranty obligations of the producer, contractor;

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