First, the definition of fake and shoddy goods
1. When counterfeit goods are manufactured, they imitate the appearance of other people's products in a realistic manner, or, without authorization, copy and sell products that have been protected by intellectual property in order to impersonate other people's products. In the current market, it mainly manifests itself in the use of counterfeiting or falsification of other people's trademarks and logos; fraudulent use of other people's unique names, packaging, decoration, and factory names; and fraudulent use of high-quality product quality certification marks and production licenses.
2. The production and distribution of fake and shoddy goods violate the provisions of China’s current laws and administrative regulations, and its quality and performance indicators do not meet the requirements stipulated by the national, industry, and local standards that have been issued by China, and are even non-standard. Produced product.
The National Bureau of Quality and Technical Supervision stipulates that the following 14 types of products are counterfeit goods. They are:
(1) Failure or deterioration;
(2) Endangering personal safety and health;
(3) The quality indicated is inconsistent with the actual;
(4) fraudulent use of quality or certification marks and falsification of the production license mark;
(5) Doping makes false, false or full of old;
(6) The relevant laws and regulations of the State prohibit production and distribution;
(7) No inspection certificate or no relevant unit permit sales certificate;
(8) The name of the commodity and the name of the manufacturer (where the important industrial product does not specify the site) are not marked in Chinese;
(9) The expiration date has not been indicated for goods that have been used for a limited time;
(10) The license number and validity period have not been indicated for the implementation of production (manufacturing) license management;
(11) Applying Chinese in accordance with relevant regulations to indicate specifications, grades, major technical indicators or components and contents that are not indicated;
(12) It is a processed product (including defective products, etc.) that has not been marked on the prominent part of the goods or packaging;
(13) Poisonous, flammable, explosive, and other dangerous goods that are not marked with identification and instructions for use;
(14) The product does not indicate the relevant knowledge and instructions for use.
Second, the manifestation of counterfeit agricultural machinery products
1, Zhang Guan Li Dai. Marking the certified product's agricultural machinery promotion license mark, product certification mark, award certificate, etc., and paste it on the uncertified product;
2, fake brand name. Trademark names imitate others, have similar names, similar trademark patterns, and mislead agricultural users; fake false quality identification marks;
3, false propaganda. Expand the function and scope of use of the products, use the banner of new technologies and new products, and promote the use of words that are not easy to define;
4, three no products. No name, no site, and legal mark of the product;
5, the old charge new. Repaint the old machine, or reassemble the whole machine with some old assembly, and sell it as a new machine.
6, shoddy. Use low-quality materials instead of high-quality materials, or reduce the use of materials;
7, poor appearance. The surface of the cover is not even and there is no primer; paint is uneven, there is a paint leak, flow paint phenomenon;
8, parts rough. Welds are not uniform, there are leaky welds, false welds, burn through; parts have burrs, sharp angles; castings have trachoma; heat treatment does not meet the requirements, easy deformation, fracture and so on.
9, security is insecure. The exposed rotating parts of the product, such as pulleys, sprockets, fans, etc., do not have a safety shield or protection in place; electrical equipment has no leakage protection measures or protection is not in place; there are no red or yellow safety warnings at dangerous parts that are likely to cause personal injury. Signs, etc.
Third, agricultural machine users to avoid being deceived
1. Advise experts from the Agricultural Machinery Extension Service Department to find out whether the machine is suitable for the local operating environment and agricultural technical requirements, and whether the technology is reliable. You can also consult the experienced experienced local operator carefully and avoid buying blindly.
2. Pay attention to examining the reputation of sellers and producers, to purchase agricultural machinery and equipment for sales of agricultural machinery products with certificates and photos.
3, to shop around, do not just map the price is cheaper;
4. Check whether the product name, factory name, address, date of manufacture, etc. are marked on the nameplate of the agricultural product; whether the complete documents such as the certificate and instruction manual are complete, and the product name, specification, model, etc., indicated on the nameplate. Whether the contents of the content are consistent;
5, to inspect the appearance quality of the product and the processing quality of the parts; for the small machine should turn the assembly parts,
To see if the operation is flexible, whether there is looseness or stagnation; check large-scale products such as combine harvesters and tractors, check whether there are abnormal noises, and observe whether the operation is stable;
6. Ask for a credit card, three packs of voucher, and an invoice with the official seal of the sales unit. Invoice should clearly and accurately specify the purchase time, product name, specifications, model, price and other items; the three-package voucher shall indicate the product name, specifications, model number, internal combustion engine number, product number, production company name, address, telephone, postal code , and the name, address, telephone number, zip code, etc. of the specified three-pack repairer; must not receive the personal signature or receipt;
7. We must earnestly verify the contents of advertising, as well as the realities of "new technologies" and "new products," and must not blindly believe.
V. Legal basis for safeguarding rights of agricultural users
1. The Consumer Protection Law of the People's Republic of China;
2. The People's Republic of China Product Quality Law;
3. Advertising Law of the People's Republic of China;
4. Responsibility provisions for the repair, replacement, and return of agricultural machinery products;
5. The People's Republic of China Standardization Law;
6. The People's Republic of China Measurement Law;
7. The People's Republic of China Against Unfair Competition Law;
8. The People's Republic of China Arbitration Law
9. The People's Republic of China Contract Law.
Sixth, according to the law, it is necessary to keep the original evidence for counterfeiting rights.
1. Documents such as sales invoices, product certifications, warranty certificates, promotional licenses, operating manuals, and maintenance parts atlases of agricultural machinery users that are to be retained by the agricultural users; repair records of the repairers during the three-pack period, Detailed records made in the three-package voucher); advertising materials for the product, etc.
2. Several issues that the original evidence should pay attention to (1) The certificate is not standardized. Since there is no standard for uniform certification of the format and content of the certificate, the certification of agricultural machinery products can be varied. Certificates are made of paper, self-adhesive, and fixed in the form of metal signs on the body. The certificate of self-adhesive can not be printed on the serial number of the factory and the date of manufacture; the certificate of the aluminum plate can not be fixed on the body, and the user can't get the license to the supervision department; some agricultural machinery has a certificate, However, the content is not complete, or simply blank; some of the content on the certificate is inconsistent with the contents of the factory nameplate; some of the content of the certificate can be altered at will, not covered by the quality seal;
(2) The contents of the instruction manual are not clear. The national standard clearly stipulates that the instruction manual shall specify the product use and application scope, and give the main structure, performance, type, specification and correct lifting, installation, use, operation, maintenance, maintenance and storage according to the characteristics and needs of the product. , As well as protecting the safety measures of operators and products, many companies have not done so;
(3) The contents of the three packs are not complete. The National Sixth Committee and the Committee’s “Three Guarantees Regulations for Agricultural Machinery†clearly stipulate that the product warranty certificate shall include the product name, specifications, model number, internal combustion engine number, product number, production company name, address, telephone number, and postal code; , The three parts of the main components are valid and repair records. Repair records should include items such as repair time, delivery time, repair failures, repair records, and replacement certificate. Some companies have three packs of vouchers, some have no repair records, some have no valid warranty period for three parts, and some have no replacement certificate;
(4) The records of repairs and exchanges on the three packs of vouchers shall be carefully checked by the user; at the same time, attention shall be paid to the preservation of evidence to prevent the sellers or producers of the three packs from taking all the three-part certificates signed by the users.
VII. The preaching points of the "Three Guarantees Regulations for Agricultural Machinery" The "Three Guarantees Regulations for Agricultural Machinery" promulgated by the State Sixth Committee and the Party Committee clarified the responsibilities and obligations borne by sellers, repairers, and producers, and stipulated the three who were responsible for the sales of products. Package principle. Repair, replacement, and return responsibility are three forms of responsibility for the Three Guarantees.
1. The three-pack validity period of the complete machine and main components of the internal combustion engine, tractor, combine harvester and agricultural transport vehicle with valid three-packet period, and a list of major components. The warranty period for other products is not less than 1 year.
The validity period of the three guarantees will be calculated from the date of invoice, after deducting the time taken for repairs by repairers who have undertaken the Three Guarantees business and the repair parts to be repaired. Products that have changed hands and are still within the warranty period of three guarantees continue to enjoy the Three Guarantees right based on the original invoice and the Three Guarantees certificate of the product. Loss of invoices and three packs of vouchers, but can prove that the products they purchased are still eligible for Three Guarantees within the warranty period of the Three Guarantees.
2. During the warranty repair period, the product fails. The user repairs, replaces, and returns the product with the invoice and the warranty. The repair is repaired free of charge by the repairer specified on the three-guarantee voucher. If the repair unit is not designated, the cost of repairs and transportation shall be borne by the seller. The repairer shall rectify the malfunction and ensure normal use within 40 days from the date of repair. The repairer shall compensate the user for damages resulting from repairs.
3, replacement goods within the warranty period to repair the product, more than 40 days not repaired, the repairer should truthfully record the repair status, the seller based on free to replace the same model for the user with the same specification products. Within 15 days after the product is sold, there is a safety performance failure or performance failure. The user can choose to exchange or repair. During the validity period of the entire three packs, due to the same safety performance failure or performance failure, the repair can not be used normally after two repairs. The repairer replaces the assembly or components. If the replacement still cannot be used normally, the seller shall be responsible for free replacement of products of the same type and specifications with the repair records and certificates provided by the repairer. The validity period of the three bags after replacement is recalculated from the date of replacement. The failure of the main components of the Three Guarantees during the period of validity, the replacement of the three parts of the main part of the effective period, from the date of replacement recalculated.
4. If a security performance failure or performance failure occurs within 15 days after the return of the replacement, the user may request a return, and the seller is responsible for returning the product for free. If the seller meets the terms of exchange, because the seller has no product of the same specification and the same specifications, or because the replacement still fails to meet the performance requirements and explicit requirements stipulated by the relevant national standards, and the user requests a return, the seller shall return the product free of charge.
5. The seller shall perform the following obligations: (1) If it cannot be guaranteed that these provisions shall be implemented, the seller shall not sell the product;
(2) Carry out the purchase inspection and acceptance system seriously;
(3) Sales of products that do not meet the statutory labeling requirements and counterfeit and shoddy products are prohibited;
(4) Maintain the quality of the products sold;
(5) When the product is sold, it should be opened for inspection or handed over to the farmers for inspection and testing (cars); invoices, three packs of vouchers, product certifications and product manuals issued by the financial and taxation departments shall be provided; Ways, repairs, address and contact methods; introduce product use, maintenance, and maintenance precautions; hand in unidirectional farmers to hand in random (vehicle) tools, accessories, spare parts, and allow farmers to inspect the quality of the purchased products. ;
(6) There should be measures to eliminate major product failures in the busy season;
(7) Handle the farmers' enquiries and complaints properly.
6, other provisions of the machine three bags within the validity period, in the agricultural busy season, failure, within the service network within the scope of the repair is easy to repair, repairs should be excluded within 2 days, is not easy to repair the fault should be excluded within 5 days. Outside the service outlets, sellers are responsible for repairing faults during the busy season.
For large products that should be three packs, the seller should be responsible for shipping or provide a reasonable fee.
Within the period of validity of the Three Guarantees, the seller shall, within three days of the request for the user's Three Guarantees, submit a handling opinion within seven days from the date of receipt of the request. If the user fails to reply within 7 days, or fails to respond according to the reply, the user may dispose of it in accordance with these regulations and the expenses incurred (including communication fees, transportation fees, travel expenses and accommodation fees for one to two persons, repair fees, Replacement parts costs are borne by the seller.
7. Clauses without Three Guarantees but Reasonable Charges (1) Early wear and failure due to improper use, maintenance, and maintenance; if farmer purchases damage caused by improper handling during transit, the conditions of use exceed the scope of the product instructions. , Overspeed and overloaded use, failure to operate in accordance with the product instructions, running, repair, adjustment, fastening, internal combustion engine matching is unreasonable, the use of fuel oil does not meet the required requirements;
(2) Faults caused by self-modification, self-adjustment, and dismantling of the product instructions and the parts and components that are not allowed to be adjusted or disassembled by themselves;
(3) There are no three-guarantee certificates and valid invoices, and they cannot prove that the products they purchased are products within the warranty period;
(4) The product specifications on the three-pack voucher or invoice are inconsistent with the three-pack product specifications, or are altered;
(5) After the failure, the original condition of the damage is not maintained, or if the consent of the seller or the repairer is not obtained, and it is disposed of by itself so that no technical appraisal can be made for the cause of the failure, except in the case of Article 22;
(6) Faults caused by driving and operating certificates not obtained by the driver and operators in accordance with the law; (7) Damage caused by force majeure.
VIII. The main points of the "Consumer Protection Law"
1. Rights enjoyed by consumers (1) Consumers have the right to protect their personal and property safety from damage when they purchase, use, and receive services. Consumers have the right to require the operators to provide goods and services that meet the requirements for the protection of personal and property safety;
(2) Consumers have the right to know the true conditions of the goods they purchase, use, or receive services.
Consumers are required to provide prices, origins, producers, uses, performance, specifications, grades, major components, production dates, expiration dates, certificates of inspection, and instructions for use of the products according to the different conditions of the goods or services. After-sales service, or service content, specifications, fees, etc.
(3) Consumers have the right to choose their own goods or services. Consumers have the right to choose their own business to provide goods or services operators, independent choice of product variety or service, autonomous decision to buy or not to purchase any kind of goods, accept or not accept any of the services. Consumers have the right to compare, identify, and select when they independently choose goods or services.
(4) Consumers have the right to fair trade. When consumers purchase goods or receive services, they have the right to obtain fair trade conditions such as quality assurance, reasonable prices, and correct measurement, and they have the right to refuse the compulsory trading activities of the operators.
(5) The consumer is entitled to compensation in accordance with the law if he or she suffers personal or property damage through the purchase, use of goods or services.
(6) Consumers have the right to legally establish social organizations that safeguard their own legitimate rights and interests.
(7) Consumers have the right to gain knowledge of consumer and consumer rights protection. Consumers should strive to master the knowledge and skills needed to use the goods or services, use the goods correctly, and increase self-protection awareness.
(8) Consumers have the right to respect their personal dignity and respect for their national customs and habits when purchasing, using goods, and receiving services.
(9) Consumers have the right to supervise the work of goods and services and consumer protection. Consumers have the right to report and sue behaviors that infringe on the rights and interests of consumers, as well as illegal acts of dereliction of duty by state agencies and their staff in the protection of consumer rights and interests, and have the right to criticize and advise on the protection of consumer rights and interests.
2. Solution to disputes over consumer rights (1) Negotiations with business operators for settlement;
(2) Request for conciliation from the Consumer Council (Association);
(3) Appeal to the relevant administrative department;
(4) According to the arbitration agreement reached with the operator, submit it to arbitration by the arbitration institution;
(5) Proceed to the people's court.
3. Principles of Accepting Complaints by Consumer Associations (1) The Consumers Association accepts consumer complaints in accordance with laws, investigates and mediates complaints;
(2) Mediation is based on the willingness, legality, fairness and fairness of the parties; mediation is based on facts and evidence. Consumer complaints have the responsibility to provide evidence that there is a causal relationship between the purchase, use of goods or services and the damage suffered. The quality of defective products or the specific causes of damage in the service shall not be compelled to require evidence from consumers;
(3) Accepted by geographical division of responsibility and division of labor;
(4) Acceptance of complaints should be serious and serious. Consumers must be sincere and enthusiastic, and respond to everything. All things must be done. Efforts should be made to comply with the time requirements for receiving complaints and serve the consumers wholeheartedly.
(5) To accept consumer complaints, the principle of free service should generally be adhered to. Adhere to public opinion supervision and publish the consumer complaints regularly or irregularly through the mass media. All disclosures must be made with caution. We must rely on the facts of consumer complaints or necessary investigations and appraisal materials. We must have the necessary organization approval procedures. When necessary, feedback can be given to critics in advance for verification.
4. The following complaints of the Consumer Association accepting the scope of complaints shall be accepted:
(1) In accordance with the nine provisions of the Consumer Law on the rights of consumers, accept complaints that consumers have been harmed;
(2) In accordance with the ten provisions of the Consumer Law on the obligations of business operators, accept consumer complaints that the business operators have not fulfilled their legal obligations;
(3) Accept complaints from farmers that their rights and interests have been damaged by the purchase of and use of production materials such as seeds, fertilizers, pesticides, agricultural film, agricultural machinery, etc. directly used in agricultural production.
The following situations are accepted as appropriate:
(1) Having encountered the circumstances listed in Articles 36, 37, 38, and 39 of the Consumer Law, the complainant was unable to provide a clear party at the time, and should actively assist consumers in finding responsible persons. Can be determined, should be accepted;
(2) Complaints about the infringement of personal and property damage caused by a defective product can inform the complainant to keep the scene and evidence and file a lawsuit with the People's Court as soon as possible. If consumers complaining of insisting on eliminating harmonization, they may refer to the relevant provisions of the Civil Procedure Law;
(3) According to the content of the complaint and relevant regulations, if it needs to be handled by the administrative department, it is recommended that consumers directly appeal to the relevant administrative department. For complaints that have been lodged with the relevant administrative departments, but they have been delayed for a long time or are only punished by the operators, and the consumers have not been recovered for losses, and the consumers have also complained to the Consumers Association, the Consumers Association can report, inquire and make suggestions to the administrative department;
(4) Where local laws and regulations give other duties to the association, they shall be implemented in accordance with local laws and regulations.
5, "the fraudulent consumer behavior penalty measures" provides for the operator's fraudulent behavior, consumers can request double compensation in several cases (1) sales of adulterated, adulterated, false positive, shoddy goods;
(2) Take false or other improper means to make the sales of goods less than sufficient;
(3) Sales of "processed products", "defective products", "out-of-kind goods" and other goods are falsely claimed to be genuine;
(4) Declaring sales of goods with false “clearing priceâ€, “sale priceâ€, “lowest priceâ€, “preferential price†or other deceptive prices;
(5) Sales of goods by means of false commodity descriptions, commodity standards, physical samples, etc.;
(6) Do not sell goods with their real names and marks;
(7) Take deceptive sales inducements such as hiring others;
(8) Make false live demonstrations and illustrations;
(9) Making false propaganda on goods using mass media such as radio, television, movies, newspapers and periodicals;
(10) Defrauding consumers of advance payment;
(11) The use of mail-order sales to defraud to collect money without providing or failing to provide goods in accordance with agreed terms;
(12) Selling goods in a false manner of "selling with prizes," "reserving sales," etc.;
(13) Defrauding consumers by other false or improper means.
Ningxia Kofolon International Co.,Ltd make and export dry spicy Horseradish Flakes.We have our horseradish planting base with 5000 acres.Our dry spicy horseradish flakes is used as material for sushi condiments for Japanese food,sea food and fashion food. Our dry spicy horseradish flakes with high quality and suitable price in the market and well sold in Japan,Korea,America,Europe,Brazil,Taiwan,South-East Asia,etc.
We can made dry spicy horseradish flakes as your request,such as quality,price,packing,grade.,etc.
More details is following.
Packing :20kgs/CTN 900CTNS/40'HC
Ingredients:horseradish
Delivery:20 days
MOQ:1000KGS
Dehydrated Horseradish Flakes,Horseradish Flakes,Dry Horseradish Flakes,Dehydrated Horseradish
NINGXIA KOFOLON INTERNATIONAL CO.,LTD. , http://www.kofolon.com