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RESOLUTION OF THE CABINET OF MINISTERS OF UKRAINE

of November 28, 2023 No. 1251

About approval of the Procedure for warranty repair (servicing) or warranty replacement technically difficult household goods

According to part twelve of article 7 of the Law of Ukraine "About consumer protection" the Cabinet of Ministers of Ukraine decides:

1. Approve the Procedure for warranty repair (servicing) or warranty replacement technically of difficult household goods which is applied.

2. Recognize invalid resolutions of the Cabinet of Ministers of Ukraine according to the enclosed list.

Prime Minister of Ukraine

D. Shmygal

Approved by the Resolution of the Cabinet of Ministers of Ukraine of November 28, 2023, No. 1251

Procedure for warranty repair (servicing) or warranty replacement technically difficult household goods

1. This Procedure determines the mechanism of interaction between consumers, producers technically of difficult household goods (further - goods), sellers, the service centers when implementing warranty repair (servicing) or warranty replacement of goods.

The list of groups technically of the difficult household goods which are subject to warranty repair (servicing) or warranty replacement is given in appendix.

Action of this Procedure does not extend to implementation of warranty repair (servicing) or warranty replacement of the vehicles of all types intended for operation on street road net public: cars, buses, motorcycles of all types, brands and models, self-propelled machines, trail cars and semitrailer trucks to them, microcars, other vehicles and mopeds equated to them which are used on highways of the state value and according to the legislation are subject to state registration and accounting by territorial authorities on provision of services of the Ministry of Internal Affairs.

2. In this Procedure terms are used in the following value:

the warranty coupon document (the passport or any other document attached to goods) granting the right to the consumer to use warranty repair (servicing) during warranty period for goods and containing information on description of goods, model, serial number, sale date and registration date of goods concerning which warranty obligations, data on the producer and the seller (the service center) are provided;

diagnostics check by the seller (the service center) of goods concerning its compliance to terms of the contract concluded with the consumer, information on goods provided by the producer;

the service center subject of managing performing works on warranty repair (servicing) and/or performing warranty replacement of goods according to the agreement with the producer, either the representation or branch formed by the producer for this purpose.

Other terms are used in the value given in the Law of Ukraine "About consumer protection".

3. The producer (seller) fulfills warranty obligations on goods, in particular provided by advertizing, by implementation of free repair or replacement of goods during warranty period according to the Law of Ukraine "About consumer protection".

Guarantee maintenance is that the producer (the seller, the service center) during warranty period in case of identification of lack of the goods which arose because of his producer (seller) shall organize warranty repair of goods which is performed according to the address of the consumer gratuitously.

Relations between producers, sellers and the service centers are determined by the relevant agreements.

4. The operational documents on goods containing the warranty card and information on goods, in particular description of goods, model, serial number, date of production of goods, the main consumer properties, characteristics of goods, the rule and storage condition and safe use of goods, the warranty obligations provided by the producer (seller) concerning goods, warranty period, goods service life, in case of need data on actions of the consumer after the termination of service life of goods and about possible effects of failure to carry out of such actions, the name and the address of the producer (or the importer), the name and the address of the service center, information on goods which under certain conditions can have dangerous influence on life, health and property of the consumer, and about possible effects of such impact, are provided to the consumer in paper or electronically through the official website of the producer no later than date of transmission of goods.

The producer can provide to the consumer access to operational documents to goods which are posted on the official website of the producer, information on which is specified directly on goods and/or on packaging or accompanying documents which together with goods are transferred to the consumer, or otherwise (in available evident form).

5. For implementation of warranty repair or warranty replacement the goods are accepted by the seller (the service center) after sight the consumer of the settlement document provided by the Law of Ukraine "About application of registrars of settlement transactions in the field of trade, public catering and services" and the warranty card on condition of integrity of the seals provided by operational documents on goods.

In case of provision by the producer (seller) of warranty obligations electronically the consumer also shall provide to the seller (the service center) necessary information which identifies goods and provides access to the warranty card electronically.

6. The seller (the service center) for the address of the consumer about need of elimination of lack of goods carries out gratuitously for the consumer diagnostics of such goods for the purpose of identification of shortcoming.

In case of identification of the shortcoming which arose because of the producer (seller), the goods are subject to warranty repair at the scheduled time.

The seller (the service center) accepts goods and issues to the consumer the receipt or other document in which the name and the address of the service center, number according to which the goods are accepted for implementation of warranty repair, description of goods, model, serial number, date of production, date of acceptance of goods, the description of appearance of goods, the description of the declared shortcoming, term of implementation of warranty repair, consumer information, means of communication with it and other necessary information are specified.

For implementation of warranty repair only that component of goods or the component in which the shortcoming, with observance of the requirements provided by Items 5 and 6 of this Procedure is revealed can be accepted.

The seller (the service center) bears responsibility for quality and safety of the performed works, term of implementation of warranty repair and storage of the accepted goods.

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