RESOLUTION OF COUNCIL OF MINISTERS OF THE REPUBLIC OF BELARUS

of June 14, 2002 No. 778

About measures for implementation of the Law of the Republic of Belarus "About consumer protection"

2. Declare invalid the resolution of Council of Ministers of the Republic of Belarus of February 9, 1994 No. 68 "About approval of the list of the high-quality nonfoods which are not subject to exchange" (the joint venture of the Republic of Belarus, 1994, No. 5, the Art. 58).

3. This resolution becomes effective since July 25, 2002.

Approved by the Resolution of Council of Ministers of the Republic of Belarus of June 14, 2002 No. 778

Regulations on procedure for provision to the consumer for repair or replacement of consumer durables gratuitously in temporary use of similar goods

2. For the purposes of this provision terms and their determinations in the values established by the Law of the Republic of Belarus "About consumer protection" and also the following terms and their determinations are applied:

similar goods - goods which according to the main characteristics, functional purpose are similar to the goods transferred by the consumer to the manufacturer (seller) for non-paid remedial action in the consumer durables belonging to it or replacements of such goods. At the same time in similar goods distinctions in the name of the manufacturer, the trademark, appearance, the size are allowed;

substitution fund - the consumer durables intended for non-paid provision to the consumer in temporary use (for non-paid elimination according to its requirement of shortcomings of the consumer durables belonging to it or replacement of such goods).

3. In case of non-paid remedial action in the consumer durables belonging to the consumer or replacements of such goods the consumer has the right to demand from the manufacturer or the seller of provision to it in temporary use (for repair or replacement) similar goods from substitution fund, except for goods which list is determined by the Government of the Republic of Belarus.

4. The substitution fund is created by the manufacturer, the seller, and also the repair organization (except for the physical person performing repair of goods within craft activity) authorized by the manufacturer or the seller on remedial action and (or) maintenance of goods (further - the repair organization).

The seller, the repair organization has the right to create substitution fund based on the agreement with the manufacturer. In such agreement the procedure for use of substitution fund, and also procedure for compensation to the seller, the repair organization of the expenses connected with the goods delivery to the consumer and return of goods to substitution fund is determined.

5. In case of presentation by the consumer to the manufacturer or seller of the requirement specified in Item 3 this provision, the manufacturer (seller) provides to the consumer goods from substitution fund or charges to the repair organization to perform provision of such goods.

The manufacturer (seller) shall meet consumer requirement in three-day time from the date of its presentation and provide delivery to the consumer of such goods at own expense. In case of origin between the consumer and the seller (the manufacturer, the supplier, the representative) of dispute on availability of lack of consumer durables and the reasons of its origin the manufacturer (seller) fulfills the requirement about provision to the consumer in temporary use (for repair or replacement) similar goods from substitution fund without delay after conducting examination if examination establishes availability of lack of goods.

Appendix 1

to the Resolution of Council of Ministers of the Republic of Belarus of June 14, 2002 No. 778

The inventory of long-term use, for remedial action or replacement of which to the consumer gratuitously is not provided similar goods

1. Cars, tractors, trail cars, motor-cycle goods (bicycles, mopeds, motor-bicycles, motorcycles, motor scooters, snowmobiles, ATVs and other similar motor-equipment with the electric or petrol drive), except goods, held for use disabled people.

2. Bodies, cabins, the chassis, frames, engines to cars, tractors.

3. Pleasure crafts and other watercrafts of household purpose.

4. Furniture.

5. The household devices used as objects of toilet and in the medical purposes (electrorazors, electrohair dryers, electrocurling tongs of hair, electrohair curlers, electromachines for hairstyle of hair, devices for massage, electrohot-water bottles, electrobandage household, the electroplaids and other devices having contact with mucous and integuments).

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