Article 1 In order to protect the legitimate rights and interests of motorcycle buyers (users), Clarify what should be borne by the seller and producer of motorcycle products in urgent repair? These Rules are formulated for the responsibilities and obligations of repair, replacement and return (hereinafter referred to as "San Bao").
Article 2 These Rules are applicable to the two wheeled motorcycles, mopeds and disabled three wheeled motorcycles sold within the territory of the People's Republic of China (hereinafter referred to as motorcycles).
Article 3 The "three guarantees" for motorcycles are valid for 1 year or 6000 kilometers. If one of them is exceeded, the "three guarantees" will be invalid.? The period of validity of "San Bao" is calculated from the date of issuing the invoice, deducting the delay caused by occupation of repair, no spare parts to be repaired and force majeure?? Time. If the last day of the "San Bao" validity period is a statutory holiday, the mileage of the last day of the period next to the holiday shall be based on the figures shown on the motorcycle odometer. If it is found that the mileage displayed on the odometer is adjusted by the buyer, it shall be calculated as 6000 kilometers.
Article 4 The purpose of "three guarantees" for motorcycles is: quality first, customer first, enthusiastic service, and conscientious and responsible. Who is allowed to sell motorcycles? Responsible for the principle of "three guarantees". Contracts concluded between sellers and producers, sellers and suppliers, sellers and repairers shall not be exempted?? The "three guarantees" responsibilities and obligations specified in the Detailed Rules.
Article 5 Within the validity period of "San Bao", the buyer shall handle repair, replacement and return with the invoice and "San Bao" certificate. If the buyer loses? If the invoice or "San Bao" certificate is lost, but it can prove that the motorcycle is within the "San Bao" period of validity, the seller, repairer, and manufacturer shall also be responsible for repair, replacement, and return of the motorcycle according to the provisions of the Detailed Rules.
Article 6 These Implementation Rules are the basic requirements for implementing the "three guarantees" for motorcycles, and encourage sellers and producers to formulate specific measures or commitments that are more conducive to safeguarding the legitimate rights and interests of buyers than those required by these Implementation Rules.
Article 7 Producers (suppliers and importers of motorcycles are regarded as producers) shall bear the following responsibilities and obligations: (1) Each motorcycle sold out of the factory must be a qualified product, and the product manual, certificate of conformity and (2) "three guarantees" certificate of the model must be carried with the motorcycle. The product operation manual shall be prepared in accordance with the national standard GB 9969. l General Rules for the Operation Manual of Industrial Products; The "San Bao" voucher must include the contents of Annex 1.
（3） If the manufacturer sets up or designates a repair unit, the name, address, contact number, etc. of the repair unit must be indicated on the data or "San Bao" certificate carried by each motorcycle sold from the factory.
（1） Provide qualified and sufficient maintenance accessories for the repairers to meet the maintenance needs, and guarantee to continue to provide spare parts that meet the technical requirements within 5 years after the product is discontinued.
（2） According to the relevant agency repair contract or agreement, provide the repair costs incurred during the "three guarantees" period.
（3） Provide technical data to the repairers in charge of maintenance business, organize training for maintenance personnel, and regularly or irregularly check the quality of the repair unit?? Provide technical guidance for repair business.
（4） Properly handle the buyer's complaints and inquiries, and provide consulting services.
Article 8 A seller shall bear the following responsibilities and obligations:
（1） If the implementation of "three guarantees" cannot be guaranteed, motorcycles shall not be sold.
（2） Implement the system of unpacking inspection and acceptance of incoming goods, and do not sell motorcycles that do not meet the requirements of legal marks or are unqualified.
（3） At the time of sale, the motorcycle shall be debugged to ensure that the product meets the product quality specified in the product operation manual; Provide the buyer with "San Bao" certificate, valid invoice, product instructions and certificate of conformity; Check the frame number and engine number; Introduce the use method and maintenance knowledge.???
（4） Actively strengthen contact with manufacturers and repairers, and do a good job in after-sales service.???
（5） Properly handle the buyer's inquiries and complaints. Article 9 The repairer shall bear the following responsibilities and obligations:
（1） Undertake the free repair business to the buyer during the "three guarantees" period and the repair business beyond the "three guarantees" period.
（2） To maintain the reputation of sellers and producers, it is not allowed to use products that are inconsistent with the technical requirements and quality standards of products provided by producers? Spare parts. Carefully record the faults repaired and the quality conditions after repair to ensure that the repaired motorcycle can be used normally for 30 days.??
（3） Hand over the repaired motorcycle and maintenance records to the buyer face to face.?
（4） Bear the responsibility and losses caused by their own repair mistakes.
（5） Guarantee according to relevant agency and repair contracts or agreements? Cost and repair tiles are used for repair. Accept the supervision and inspection of sellers and producers.?
（6） Maintain the reserve of commonly used maintenance parts, ensure timely maintenance, and avoid delay in maintenance due to lack of parts.?
（7） Actively carry out door-to-door service and telephone consulting service.
（8） Properly handle the buyer's complaints and accept the buyer's inquiries about product repair quality.
Article 10 In case of any performance failure of the motorcycle within the "three guarantees" period of validity, the following measures shall be adopted: (1) The buyer shall present the "three guarantees" certificate and invoice to the designated repair unit for inspection and repair. Encourage repairers to carry out door-to-door repair services. （2） If there is no repair unit in the place of sale or the motorcycle is purchased in a different place, the buyer can negotiate with the manufacturer, seller or designated repairer to solve the repair method and possible transportation problems. （4） Within the period of validity of the "three guarantees", those meeting the "three guarantees" repair conditions of these Rules shall be repaired by the repairer free of charge (including material cost and labor cost).??
Article 11 Within the validity period of "San Bao", in any of the following cases, the buyer shall replace the motorcycle of the same model for free; （1） From the 8th day to the 15th day after the sale, if the vehicle has any performance failure listed in Annex 2, the buyer shall choose to replace or repair the motorcycle, and the seller shall replace or repair the motorcycle as required by the buyer. （2） If more than 15 days have passed since the date of sale, the seller is responsible for replacing the motorcycle for the buyer with the repair record and certificate provided by the repairer if the motorcycle still cannot be used normally after two repairs due to the performance failure listed in Annex 2. （3） If the repair time is delayed due to the manufacturer's failure to provide spare parts according to the contract or agreement, and the repair is still not completed within 90 days from the date of delivery for repair, the seller shall be responsible for replacing the motorcycle for the buyer with the repair record and certificate provided by the repairer. （4） If the repair period exceeds 30 days due to the repairer's own reasons, the repairer shall be responsible for replacing the motorcycle for the buyer.
Article 12 When selling or replacing motorcycles, all defective, qualified or repaired products shall not be provided to buyers.??????????????
Article 13 The validity period of "San Bao" after replacement shall be recalculated from the date of replacement. The seller shall stamp the conversion on the back of the invoice and provide a new "San Bao" certificate.
Article 14 Within the validity period of "San Bao", under any of the following circumstances, the buyer shall be returned:
（1） Within 7 days from the date of sale, if the vehicle has a performance failure listed in Annex 2, the buyer can choose to return, replace or repair it; When the buyer requests to return the goods, the seller shall be responsible for returning the goods for the buyer free of charge and refunding the purchase price according to the purchase invoice.
（2） If the replacement conditions specified in Article 11 (1), (2) and (3) are met, but the seller cannot meet the requirements of the buyer to replace the motorcycle of the same model, and the buyer requests the return of the motorcycle, the seller shall be responsible for returning the motorcycle for the buyer free of charge, and refunding the purchase price in a lump sum at the price of the purchase invoice.
（3） If the conditions for replacement in Article 11 (1), (2) and (3) are met, the seller has a motorcycle of the same model that can be replaced for the buyer. If the buyer is unwilling to replace the motorcycle and asks for the return of the motorcycle, the seller shall return the motorcycle, but a depreciation fee of 2% of the purchase price shall be charged for the used motorcycle every day. The depreciation expense is calculated from the date of issuing the invoice to the date of return, in which the time for repair and the room for repair due to lack of spare parts shall be deducted.
Article 15 If the goods are returned within 7 days from the date of sale, the seller shall, in addition to returning the fees to the buyer in accordance with the provisions of Article 14 above, bear the reasonable fees paid by the buyer, such as surcharges, vehicle and vessel use fees, insurance premiums, license fees, cost of driving license, examination fees, road maintenance fees, etc. If the goods are returned more than 7 days after the date of sale, the seller shall only bear the expenses specified in Article 14 above, and the remaining expenses shall be borne by the buyer.
Article 16 The repair cost provided by the producer or supplier shall not be withheld in all circulation links, and shall be finally paid to the repairer in full.
Article 17 Under any of the following circumstances, "three guarantees" shall not apply to motorcycles:
（1） More than 1 year since the date of purchase (the valid invoice shall prevail, and the time for repair occupation or no spare parts to be repaired shall be deducted); （2） The driving mileage exceeds 6000 km;
（3） Damage caused by the buyer's failure to use, maintain and keep the product in accordance with the requirements of the product manual; （4） Damage caused by dismantling by persons not responsible for "three guarantees" repair;
（5） There is no "San Bao" certificate or valid invoice (except those that can prove that the motorcycle is within the San Bao period); （6） Altered 39; San Bao certificate or motorcycle with product model, frame number and engine number inconsistent with the San Bao certificate; （7） Damage caused by force majeure;
Article 18 Where a producer, seller or repairer goes bankrupt, goes bankrupt, merges or splits up, its "three guarantees" responsibilities shall be implemented in accordance with the relevant laws of the State.
Article 19 When a buyer has a dispute with a seller, repairer or producer due to the "three guarantees" issue, it may apply to the consumer association, the user committee of the quality management association and other relevant organizations for mediation, and the relevant organizations shall actively accept it.
Article 20 Where a seller, repairer or producer fails to implement the "three guarantees" in accordance with these Rules, the buyer may appeal to the product quality supervision and administration department or the administrative department for industry and commerce, and the said department shall order it to handle the "three guarantees". The buyer may also reach an arbitration agreement with the seller, repairer or producer in accordance with the provisions of the Arbitration Law, apply to an arbitration institution established by the state for an award, or directly file a lawsuit with the people's court.
Article 21 The Ministry of Machinery Industry shall be responsible for the interpretation of these Rules.
Article 22 These Rules shall come into force as of May 1, 1997.