State General Administration for Quality Supervision and Inspection and Quarantine, Ministry of Information Industry and State Administration for Industry and Commerce, Repair, Replacement and Return Warranties for Mobile Telephone...

Promulgated: September 24 2001
Effective: November 15 2001
Interpreting authority: State Administration for Quality Supervision and Inspection and Quarantine, Ministry of Information Industry and State Administration for Industry and Commerce, each in respect of matters under its jurisdiction
Applicability: The Provisions apply to mobile telephone products, which include hand-held mobile phones, vehicle-mounted mobile phones, stationary telephones and accessories therefor (a list of which is attached to the Provisions) (Article 2).

Main contents: According to the Provisions, the three principal warranties (of repair, replacement and return, hereafter the Three Warranties) for mobile telephone products shall be undertaken by the seller, and such warranties shall not be discharged by any contract entered into by the seller with the manufacturer, supplier or repairer or by the supplier with the repairer (Article 3). The requirements under the Provisions represent the most basic requirements with respect of the Three Warranties (Article 4). The responsibilities and obligations of sellers, repairers and manufacturers of mobile telephone products are separately listed in the Provisions (Articles 5, 6 and 7). The Three Warranties have a validity period of one year (or a different time period in the case of an accessory as stipulated in Appendix One to the Provisions), commencing from the date of the sales invoice (Article 8). If the seller, repairer or manufacturer breaches any of the Three Warranties, the consumer may file a complaint with a product quality inspection authority or an industry and commerce administration, or resort to arbitration or litigation (Articles 27 and 28).
Related legislation: PRC, Product Quality Law (Revised), July 8 2000, CLP 2000 No.7 p66; PRC, Protection of the Rights and Interests of Consumers Law, Oct 31 1993, CLP 1993, No.10 p8 and PRC, Telecommunications Regulations, Sep 25 2000, CLP 2000 No.9 p28