ORDER OF THE GOVERNMENT OF THE REPUBLIC OF MOLDOVA

of December 8, 2003 No. 1465

About approval of Rules of exchange of nonfoods and warranty periods

According to the Marine life protection act of the rights of consumers N 105-XV of March 13, 2003. (The official monitor of the Republic of Moldova, 2003, N 126-131, Art. 507) DECIDES: the Government

1. Approve:

Rules of exchange of nonfoods according to the appendix N1;

The list of the nonfoods of proper quality which are not subject to exchange for similar goods according to the appendix N2;

The inventory of long-term use and the minimum guarantee periods on groups of goods established according to the appendix N 3;

2. Determine that:

in case of commodity import of long-term use economic agents shall sign with manufacturers or with their official representatives agreements on maintenance of these goods in the territory of the country during warranty period and during the postgarantiyny period;

economic agents who sell consumer durables shall conclude with the companies specializing in maintenance and repair of such goods, agreements on maintenance of these goods. Manufacturers can independently perform repair and maintenance of consumer durables;

the economic agents selling consumer durables and spare parts to them, an also rendering services in repair of such goods shall provide warranty periods at least minimum, provided in the appendix N 3.

3. Recognize invalid:

The order of the Government N 329 of May 23, 1995. "About approval of Rules of exchange of the nonfoods purchased in retail retail chain stores" (The official monitor of the Republic of Moldova, 1995, N 38-39, Art. 287);

item 4 of the Order of the Government N 1010 of October 31, 1997. "About approval of Rules of commission trade" (The official monitor of the Republic of Moldova, 1997, N 79-80, Art. 814).

Appendix No. 1

to the Order of the Government No. 1465 of December 8, 2003

Rules of exchange of nonfoods

These rules are developed according to the Marine life protection act of consumers N 105-XV of March 13, 2003. (The official monitor of the Republic of Moldova, 2003, N 126-131, Art. 507) also establish procedure and terms of the exchange of nonfoods (further - goods), being obligatory for execution by all economic agents performing trading activity irrespective of patterns of ownership.

I. General provisions

1. The economic agent selling goods to consumers (daleeprodavets) shall:

offer consumers only the goods conforming to the established or declared requirements;

provide information on goods or service according to article 20 of the law stated above;

inform consumers on the companies which perform maintenance and repair of the sold consumer durables during the warranty and postgarantiyny period;

carry out provisions of all other normative legal acts regulating trading activity.

Delivery of large-size goods weighing more than 10 kilograms to the seller, manufacturer for repair, writedown, replacements and return of such goods to the consumer are performed by forces and means of the seller/manufacturer whom the consumer addressed.

In case of non-execution by the seller/manufacturer of this provision and also in case the location of the seller/manufacturer is not in the place of residence of the consumer, delivery and return of goods can be performed by consumers at the expense of the seller, the manufacturer.

2. In case of identification of shortcomings at the sold goods on which the consumer was not informed and which arose not through his fault the consumer within warranty period or expiration date, and in case of the latent defects - during functioning term by submission of the claim to the seller can demand (at discretion):

free remedial action of goods;

free exchange of goods for other similar goods of proper quality;

exchange of goods for similar goods of other model;

the conforming reduction of price not meeting the established requirements of goods;

return of cost of such goods;

compensations of damage, including moral.

In case of sale of the goods which were in the use, the claims of the consumer specified in this Item are satisfied with the consent of both parties.

3. The seller has the right to refuse to the consumer satisfaction of claims in case of representation within 14 calendar days from the date of submission of the claim of proofs (on the basis of examination) the fact that shortcomings of goods arose owing to non-compliance by the consumer with instructions on manipulation, installation, use or the rules of transportation, storage provided in the accompanying documentation to goods.

4. In case of need examinations of goods in connection with submission of the claim the seller makes it at own expense. Whether the consumer has the right to take part in examination personally through the representatives

5. The seller draws up refusal to the consumer in satisfaction of the claim in writing, attaching the copy of results of examination.

6. Upon the demand of the seller examination is performed:

Chamber of Commerce and Industry and its territorial subdivisions;

The national center of judicial examinations under the Ministry of Justice;

The state assay chamber under the Ministry of finansovizdeliya and objects from precious metals and gemstones;

organizations (organization) in the presence of the license for activities for implementation of examination of goods;

commission of experts as a part of representatives of the seller and body performing examination with participation of the consumer (manufacturer representatives are in case of need invited).

In case of presentation by the consumer of the claim in degree of jurisdiction for the purpose of compensation of damage examination is performed by the above-stated subjects at the customer's request.

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