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of March 27, 2008 No. 186

About some measures for increase in responsibility for quality of domestic goods

For the purpose of improvement of quality technically difficult goods of national production (except military products), protection of the rights and legitimate interests of acquirers of such goods, strengthenings of responsibility of producers and sellers (suppliers):

1. Determine that:

1.1. the legal entities or individual entrepreneurs registered in the Single state register of legal entities and individual entrepreneurs (further - buyers), who acquired the difficult goods for business activity made in the Republic of Belarus technically (further - goods) according to the appendix having the right to address within warranty period the producer of goods or which provided goods to person (further - the seller (supplier) with requirements about non-paid remedial action (repair) of low-quality goods or about replacement of goods in case of fundamental breach of requirements to its quality (Item 2 of Article 445 of the Civil code of the Republic of Belarus).

The producer of goods has no right to refuse satisfaction of the requirements of the buyer specified in part one of this subitem and declared within warranty period except cases when the fault for inadequate goods quality lies with the seller (supplier). The seller (supplier) is responsible for goods shortcomings if he does not prove that these shortcomings arose after transfer of goods to the buyer owing to violation by the buyer of instructions for use goods of either its storage, or actions of the third parties, or force majeure.

Instead of presentation of the requirements specified in part one of this subitem the buyer has the right to refuse agreement performance based on which the goods are acquired and to demand from the seller (supplier) of return of the sum of money (other counter provision) paid for goods. At the same time the buyer upon the demand of the seller (supplier) and at his expense shall return the received goods of inadequate quality. In case of return to the buyer of the sum of money paid for goods the seller (supplier) has no right to hold from it the amount on which goods cost because of complete or partial use of goods, loss by it of trade dress or other similar circumstances went down.

If shortcomings of goods were not stipulated (except as specified fundamental breach of quality requirements of goods) the seller (supplier), the buyer to whom the goods of inadequate quality are transferred has the right to demand at the choice from the seller (supplier) of proportional reduction of purchase price, non-paid remedial action (repair) of low-quality goods in reasonable time or compensations of the expenses on remedial action of goods;

1.2. the producer or the seller (supplier) shall establish warranty period for goods at least two years if other is not established by acts of the President of the Republic of Belarus, the laws or resolutions of Council of Ministers of the Republic of Belarus. The warranty period can be also established in hours, cycles of the operations, kilometers of run and other similar indicators corresponding to normal operation of goods within two years. The warranty period for goods in general extends also to components or components of the main product, (components) except for completing, subject to periodic replacement.

The warranty period is estimated from the date of input of goods in operation, but no later than six months from the date of its acquisition, and on farm vehicles and the equipment seasonal to the ispolzovaniyena is later than one year from the date of their acquisition if other is not provided by the specifications and technical documentation or the agreement. Date of input of goods in operation is specified according to the legislation the buyer in the warranty card. In the absence of such mark the warranty period is estimated from the date of purchase of goods based on the corresponding marks in the warranty card or the documents confirming the fact of purchase of goods.

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