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Russia federal law. The law of the Russian Federation from February, 7th, 1992 N 2300-I " About protection of the rights of consumers "

(with changes from June, 2nd, 1993, on January, 9th, 1996, on December, 17th, 1999, on December, 30th, 2001, on August, 22nd, on November, 2nd, on December, 21st, 2004)

Chapter I. General provisions

Chapter II. Protection of the rights of consumers at sale the goods to consumers

Chapter III. Protection of the rights of consumers (rendering of services)

Chapter IV. State and public that of the rights of consumers The present Law adjusts the attitudes arising between consumers and manufacturers, executors, sellers at sale of the goods (performance of works, rendering of services), establishes the rights of consumers to purchase of the goods (works, services) appropriate quality and safe for a life, health, property of consumers and an environment, reception of the information on the goods (works, services) and about their manufacturers (executors, sellers), education, the state and public protection of their interests, and also are defined with the mechanism of realization of these rights. The basic concepts used in the present Law: the consumer - the citizen having intention to order or get or the ordering, getting or using goods (works, services) only for the personal, family, house and other needs which have been not connected with realization of enterprise activity; the manufacturer - the organization irrespective of its organizational-legal form, and also the individual businessman, the making goods for realization to consumers; the executor - the organization irrespective of its organizational-legal form, and also the individual businessman, performing works or rendering services to consumers on the contract; the seller - the organization irrespective of its organizational-legal form, and also the individual businessman, the realizing goods to consumers under the contract of sale and purchase; lack of the goods (work, service) - discrepancy of the goods (work, service) or to the obligatory requirements stipulated by the law or in the order established by it, either treaty provisions, or the purposes for which the goods (work, service) such is usually used, or the purposes of which the seller (executor) has been advised by the consumer at the conclusion of the contract, either the sample and (or) to the description at sale of the goods on the sample and (or) under the description; essential lack of the goods (work, service) - ineradicable lack or lack which cannot be eliminated without disproportionate charges or expenses of time, either comes to light repeatedly, or is shown again after its elimination, or other similar lacks; safety of the goods (work, service) - safety of the goods (work, service) for a life, health, property of the consumer and an environment under usual conditions of its use, storage, transportation and recycling, and also safety of process of performance of work (rendering of service); the organization authorized by the manufacturer (seller) or the individual businessman authorized by the manufacturer (seller) (further - the authorized organization or the authorized individual businessman) - the organization which is carrying out certain activity, or the organization created in territory of the Russian Federation by the manufacturer (seller), including the foreign manufacturer (the foreign seller), the carrying out certain functions on the basis of the contract with the manufacturer (seller) and authorized by it on acceptance and satisfaction of requirements of consumers concerning the goods of inadequate quality, or the individual businessman registered in territory of the Russian Federation, carrying out the certain functions on the basis of the contract with the manufacturer (seller), including with the foreign manufacturer (the foreign seller), And authorized by it on acceptance and satisfaction of requirements of consumers concerning the goods of inadequate quality; the importer - the organization irrespective of the organizational-legal form or the individual businessman, carrying out import of the goods its subsequent realization in territory of the Russian Federation. Chapter I. General provisions

Clause 1. Legal regulation of attitudes in the field of protection of the rights of consumers 1. Attitudes in the field of protection of the rights of consumers are adjusted by the Civil code of the Russian Federation, the present Law, other federal laws (further - laws) and other normative legal certificates of the Russian Federation accepted according to them. 2. The government of the Russian Federation has not the right to charge to accept to federal enforcement authorities the certificates containing norms about protection of the rights of consumers. The government of the Russian Federation has the right to publish for the consumer and the seller (the manufacturer, the executor, the authorized organization or the authorized individual businessman, the importer) rules, obligatory at the conclusion and execution of public contracts (contracts of retail sale and purchase, power supply, contracts about performance of works and about rendering services).

Clause 2. International contract of the Russian Federation If the international the Russian Federation establishes other rules about protection of the rights of consumers, than what are stipulated by the present Law, are applied rules of the international contract.

Clause 3. The right of consumers to education in the field of protection of the rights of consumers The right of consumers to education in the field of protection of the rights of consumers is provided by means of inclusion of corresponding requirements in the state educational standards both general educational and professional programs, and also by means of the organization of system of the information of consumers about their rights and about necessary actions on protection of these rights. Clause 4. Quality of the goods (work, service) 1. The seller (executor) is obliged to transfer the consumer the goods (to perform work to render service) which quality corresponds to the contract. 2. At absence in the contract of conditions about quality of the goods (work,) the seller (executor) is obliged to transfer services to the consumer the goods (to perform work to render service), suitable for the purposes, for which goods (work, service) such is usually used. 3. If the seller (executor) at the conclusion of the contract has been advised by the consumer of specific goals of purchase of the goods (performance of work, rendering of service), the seller (executor) is obliged to transfer the consumer the goods (to perform work to render service), suitable for use according to these purposes. 4. At sale of the goods on the sample and (or) to the description the seller is obliged to transfer the consumer the goods which corresponds to the sample and (or) to the description. 5. If by laws or in the order established by them are stipulated obligatory requirements to the goods (to work, service), the seller (executor) is obliged to transfer the consumer the goods (to perform work to render service), corresponding these requirements. Clause 5. The rights and duties of the manufacturer (the executor, the seller) in the field of an establishment of service life, working life of the goods (work), and also a warranty period for the goods (work) 1. On the goods (work) intended for long use, the manufacturer (executor) has the right to establish service life - the period during which the manufacturer (executor) undertakes to provide to the consumer an opportunity of use of the goods (work) to destination and to bear the responsibility for essential lacks on the basis of item 6 of clause 19 and item 6 of clause 29 of the present Law. 2. The manufacturer (executor) is obliged to establish service life of the goods (work) of long using, including completing products (details, units, units) which after the certain period can represent danger to a life, health of the consumer to harm its property or an environment. 3. Service life of the goods (work) can be estimated in time units, and also other units of measure (kilometers, meters and other units of measure proceeding from functional purpose of the goods (result of work). 4. On food stuffs, the perfumery-cosmetic goods, medicines, the goods of household chemical goods and other similar goods (works) the manufacturer (executor) is obliged to establish working life - the period after which the goods (work) is considered unsuitable for use to destination. 5. Sale of the goods (performance of work) after a target date of the validity, and also the goods (performance of work) on which there should be a target date of the validity, but it is not established, it is forbidden. 6. The manufacturer (executor) has the right to establish on the goods (work) a warranty period - the period during which in case of detection in the goods (work) of lack the manufacturer (executor), the seller, the authorized organization or the authorized individual businessman, the importer are obliged to satisfy the requirements of the consumer established by clauses 18 and 29 present Laws. The manufacturer has the right to accept the obligation concerning the lacks of the goods which has been found out after a warranty period established by it (the additional obligation). The maintenance of the additional obligation of the manufacturer, validity of such obligation and the procedure the consumer of the rights under such obligation are defined by the manufacturer. 7. The seller has the right to establish a warranty period if it is not established by the manufacturer on the goods. The seller has the right to accept the obligation concerning the lacks of the goods which has been found out after a warranty period, established by the manufacturer (the additional obligation). The maintenance of the additional obligation of the seller, validity of such obligation and the procedure the consumer of the rights under such obligation are defined by the contract between the consumer and the seller. 8. The manufacturer (seller) bears the responsibility for the lacks of the goods which has been found out during validity of the additional obligation, according to the paragraph the second item 6 of clause 18 of the present Law, and after the termination of validity of the additional obligation - according to item 5 of clause 19 of the present Law.

Clause 6. A duty of the manufacturer to provide an opportunity of repair and maintenance service of the goods The manufacturer is obliged to provide an opportunity of use of the goods during its service life. For this purpose the manufacturer provides repair and maintenance service of the goods, and also release and delivery in the trading and repair organizations in necessary for repair and maintenance service volume and assortment of spare parts during term of manufacture of the goods and after its removal from manufacture during service life of the goods, and at absence of such term - within ten years from the date of transfer of the goods to the consumer.

Clause 7. The right of the consumer to safety of the goods (work, service) 1. The consumer has the right to that the goods (work, service) under usual conditions of its use, storage, transportation and recycling was safe for a life, health of the consumer, an environment, and also did not harm property of the consumer. Requirements which should provide safety of the goods (work, service) for a life and health of the consumer, an environment, and also prevention of causing of harm to property of the consumer, are obligatory and are established by the law or in the order established by it. 2. The manufacturer (executor) is obliged to provide safety of the goods (work) during a target date of service or working life of the goods (work). If according to item 1 of clause 5 of the present Law the manufacturer (executor) has not established service life on the goods (work), it is obliged to provide safety of the goods (work) within ten years from the date of transfer of the goods (work) to the consumer. The harm, caused lives, to health or property of the consumer owing to the goods (work), is a subject to compensation in conformity with clause 14 of the present Law. 3. If for safe use of the goods (work,), its storages, transportation and recycling it is necessary to observe services special rules (further - rules), the manufacturer (executor) is obliged to specify these rules in the accompanying documentation on the goods (work, service), on a label, marks or a different way, and the seller (executor) is obliged to bring these corrected to the notice the consumer. 4. If on the goods (works, services) or in the order established by it are established by the law the obligatory requirements providing their safety for a life, health of the consumer, an environment and prevention of causing of harm to property of the consumer, conformity of the goods (works, services) to the specified requirements is a subject to obligatory acknowledgement by way of, stipulated by the law and other legal certificates. Sale of the goods (performance of work, rendering of service), including the import goods (work, service), without the information on obligatory acknowledgement of its conformity to the requirements specified in item 1 of present clause is not supposed. 5. If it is established, that at observance by the consumer of the established rules of use, storage or transportation of the goods (work) it causes or can harm a life, health and property of the consumer, an environment, the manufacturer (the executor, the seller) is obliged to suspend immediately its manufacture (realization) before elimination of the reasons of harm, and in necessary cases to arrange on its withdrawal from a turn and to a response from the consumer (consumers). If the reasons of harm to eliminate it is impossible, the manufacturer (executor) is obliged to remove such goods (work, service) from manufacture. At default by the manufacturer (executor) of this duty the authorized federal enforcement authority under the control (supervision) over protection of the rights of consumers takes measures on a response of such goods (work, service) from a home market and (or) from the consumer or consumers by way of, established by the legislation of the Russian Federation. The losses, caused to the consumer in connection with a response of the goods (work, service), are a subject to compensation by the manufacturer (executor) in full. 6. Has become invalid.

Clause 8. The right of the consumer to the information on the manufacturer (the executor, the seller) and about the goods (works, services) 1. The consumer has the right to demand granting necessary and a trustworthy information about the manufacturer (the executor, the seller), a mode of its work and the goods sold by it (works, services). 2. Specified in item 1 of present clause the information in the evident and accessible form is possible up to data of consumers at the conclusion of contracts of sale and purchase and contracts about performance of works (rendering of services) in the ways accepted in separate spheres of service of consumers, in Russian, and in addition, under the discretion of the manufacturer (the executor, the seller), in state languages of subjects of the Russian Federation and native languages of people of the Russian Federation. Clause 9. The information on the manufacturer (the executor, the seller) 1. The manufacturer (the executor, the seller) is obliged to inform of the consumer the company name (name) of the organization, a place its findings (address) and a mode of its work. The seller (executor) places the specified information on a signboard. The manufacturer (the executor, the seller) - the individual businessman should give to the consumer the information on the state registration and the name of the body which has registered it. 2. If the kind of activity which is carried out by the manufacturer (the executor, the seller), is a subject to licensing and (or) the executor has the state accreditation, the information on number of the license and (or) number of the certificate on the state accreditation, validities of the license and (or) the specified certificate, and also the information on the body which has licensed and (or) the specified certificate should be given to the consumer. 3. The information stipulated by items 1 and 2 present clauses, should be brought to the notice of consumers also at realization of trade, household and other kinds of service of consumers in time premises, at fairs, from trays and in other cases if trade, household and other kinds of service of consumers are carried out outside of the constant location of the seller (executor). Clause 10. The information on the goods (works, services) 1. The manufacturer (the executor, the seller) is obliged to give in due time to the consumer necessary and a trustworthy information about the goods (works, services), providing opportunity of their correct choice. By separate kinds of the goods (works, services) the list and ways of finishing of the information up to the consumer are established by the Government of the Russian Federation. 2. The information on the goods (works, services) without fail should contain: the name of the technical rules or other established by the legislation of the Russian Federation on technical regulation and testifying to obligatory acknowledgement of conformity of the goods a designation; data on the basic consumer properties of the goods (works, services), concerning food stuffs of data on structure (including the name of the food stuffs of food additives used during manufacturing, biologically active additives, the information on presence in food stuffs of the components received with application of su~~-engineering-modified organisms), food value, purpose, about conditions of application and storage of food stuffs, about ways of manufacturing of ready dishes, weight (volume), date and a place of manufacturing and packing (packaging) of food stuffs, and also data on contra-indications for their application at separate diseases. The Inventory (works, services), the information about which should contain contra-indication for their application at separate diseases, affirms the Government of the Russian Federation; the price in roubles and conditions of purchase of the goods (works, services); warranty period if it is established; rules and conditions of effective and safe use of the goods (works, services); service life or the working life of the goods (works) established according to the present Law, and also data on necessary actions of the consumer after the specified terms and possible consequences at default of such actions if the goods (works) after the specified terms represent danger to a life, health and property of the consumer or become unsuitable for use to destination; the address (location), the company name (name) of the manufacturer (the executor, the seller, the authorized organization or the authorized individual businessman, the importer); the information on obligatory acknowledgement of conformity of the goods (works, services), clauses 7 of the present Law specified in item 4; the information on rules of sale of the goods (performance of works, rendering of services). the instruction on the concrete person, who will perform work (to render service), and the information on it if it matters, proceeding from a fuctioning (service); the instruction on use of soundtracks at rendering entertaining services by executors of pieces of music. If the goods got by the consumer was in the use or in it lack (lacks) was eliminated, the information on it should be given to the consumer. 3. The information stipulated by item 2 of present clause, is possible up to data of consumers in the engineering specifications applied on the goods (to works, services), on labels, marks or a different way accepted for separate kinds of the goods (works, services). The information on obligatory acknowledgement of conformity of the goods is represented by way of and ways which are established by the legislation of the Russian Federation on technical regulation, and includes data on number of the document confirming such conformity, on term of its action and on the organization, its given out. Clause 11. The Operating mode of the seller (executor) 1. The operating mode of the state, municipal organizations of trade, household and other kinds of service of consumers is established under the decision accordingly enforcement authorities of subjects of the Russian Federation and institutions of local government. 2. The operating mode of the organizations which carrying out activity in spheres trading, household and other kinds of service of consumers and have been not specified in item 1 of present clause, and also individual businessmen is established by them independently. 3. The operating mode of the seller (executor) is possible up to data of consumers and should correspond established. Clause 12. The responsibility of the manufacturer (the executor, the seller) for the inadequate information on the goods (work, service) 1. If the opportunity immediately is not given to the consumer to receive at the conclusion of the contract the information on the goods (work, service), it has the right to demand from the seller (executor) of the indemnification, caused by unreasonable evasion from the conclusion of the contract and if the contract is concluded, in reasonable term to refuse its execution and to demand return of the sum paid for the goods and compensation of other losses. At refusal of execution of the contract the consumer is obliged to return the goods (result of work, service if it is possible on their character) to the seller (executor). 2. The seller (executor) who has not given to the buyer full and a trustworthy information about the goods (work, service), bears the responsibility stipulated by items 1-4 of clause 18 or item 1 of clause 29 of the present Law, for lacks of the goods (work, service), arisen after its transfer to the consumer owing to absence at it such information. 3. At causing harm of a life, to health and property of the consumer owing to a unaccordance to it full and a trustworthy information about the goods (work, service) the consumer has the right to demand compensation of such harm by way of, stipulated by clause 14 of the present Law, including the full indemnification of the losses caused to natural objects, being in the property (possession) of the consumer. 4. By consideration of requirements of the consumer about the indemnification, caused doubtful or insufficiently the full information on the goods (work, service), it is necessary to start with the assumption of absence at the consumer of special knowledge about properties and characteristics of the goods (work, service). Clause 13. The responsibility of the manufacturer (the executor, the seller, the authorized organization or the authorized individual businessman, the importer) for infringement of the rights of consumers 1. For infringement of the rights of consumers the manufacturer (the executor, the seller, the authorized organization or the authorized individual businessman, the importer) bears the responsibility stipulated by the law or the contract. 2. If other is not established by the law, the losses, caused to the consumer, are a subject to compensation in the full sum over the penalty (u~y), established by the law or the contract. 3. Payment of the penalty (u~y) and the indemnification do not release the manufacturer (the executor, the seller, the authorized organization or the authorized individual businessman, the importer) from execution of the obligations assigned to it in a nature before the consumer. 4. The manufacturer (the executor, the seller, the authorized organization or the authorized individual businessman, the importer) is relieved from the responsibility for default of obligations or for inadequate execution of obligations if will prove, that default of obligations or their inadequate execution has occured owing to force majeure, and also on other bases stipulated by the Law. 5. Requirements of the consumer about payment of the penalty (u~y), stipulated by the Law or the contract, are a subject to satisfaction the manufacturer (the executor, the seller, the authorized organization or the authorized individual businessman, the importer) in the voluntary order. 6. At satisfaction court of requirements of the consumer established by the law, the court collects from the manufacturer (the executor, the seller, the authorized organization or the authorized individual businessman, the importer) for non-observance in the voluntary order of satisfaction of requirements of the consumer the penalty at a rate of fifty percent from the sum court in favour of the consumer. If with the application in protection of the rights of the consumer public associations of consumers (their associations, the unions) act or institutions of local government, fifty percent of the sum of the collected penalty are listed the specified associations (to their associations, the unions) or to bodies.

Clause 14. The property responsibility for the harm caused owing to lacks of the goods (work, service) 1. The harm, caused lives, to health or property of the consumer owing to constructive, industrial or other lacks of the goods (work, service), is a subject to compensation in full. 2. The right to demand compensation of the harm caused owing to lacks of the goods (work, service), admits for any victim irrespective of, it consisted in contractual attitudes with the seller (executor) or not. 3. The harm, caused lives, to health or property of the consumer, is a subject to compensation if harm is caused during a target date of service or working life of the goods (work). If on the goods (result of work) service life or working life should be established according to items 2, 4 clauses 5 of the present Law, but it is not established, or to the consumer has not been given full and a trustworthy information about service life or working life, or the consumer has not been informed on necessary actions after service life or working life and possible consequences at default of the specified actions, or the goods (result of work) after these terms represents danger to a life and health, harm is a subject to compensation irrespective of time of its causing. If according to item 1 of clause 5 of the present Law the manufacturer (executor) has not established service life on the goods (work), harm is a subject to compensation in case of its causing within ten years from the date of transfer of the goods (work) to the consumer and if day of transfer to establish it is impossible, from the date of manufacturing the goods (the termination of performance of work). The harm caused owing to lacks of the goods, is a subject to compensation by the seller or the manufacturer of the goods at the choice of the victim. The harm caused owing to lacks of work or service, is a subject to compensation by the executor. 4. The manufacturer (executor) bears the responsibility for the harm, caused lives, to health or property of the consumer in connection with use of materials, the equipment, tools and other means necessary for manufacture of the goods (performance of works, rendering of services) irrespective of, allowed to reveal a level of scientific and technical knowledge their special properties or not. 5. The manufacturer (the executor, the seller) is relieved from the responsibility if will prove, that harm is caused owing to force majeure or infringement by the consumer of the established rules of use, storage or transportation of the goods (work, service). Clause 15. Indemnification of moral harm The moral harm, caused to the consumer owing to infringement by the manufacturer (the executor, the seller, the authorized organization or the authorized individual businessman, the importer) the rights of the consumer stipulated by laws and legal certificates of the Russian Federation, adjusting attitudes in the field of protection of the rights of consumers, is a subject to indemnification harm at presence of its fault. The size of indemnification of moral harm is defined by court and does not depend on the size of compensation of property harm. Indemnification of moral harm is carried out irrespective of compensation of property harm and the losses suffered by the consumer.

Clause 16. Invalidity of the treaty provisions striking the rights of the consumer 1. The treaty provisions striking the rights of the consumer in comparison with rules, the established laws or other legal certificates of the Russian Federation in the field of protection of the rights of consumers, admit void. If as a result of execution of the contract striking the rights of the consumer, it had losses, they are a subject to compensation by the manufacturer (the executor, the seller) in full. 2. It is forbidden to cause purchase of one goods (works, services) obligatory purchase of other goods (works, services). The losses, caused to the consumer owing to infringement of its right to a free choice of the goods (works, services), are compensated by the seller (executor) in full. It is forbidden to cause satisfaction of requirements of the consumers shown during a warranty period, the conditions which have been not connected with lacks of the goods (works, services). 3. The seller (executor) has not the right without consent of the consumer to perform additional works, services for a payment. The consumer has the right to refuse payment of such works (services) and if they are paid, the consumer has the right to demand from the seller (executor) of return of the paid sum.

Clause 17. Judicial protection of the rights of consumers 1. Protection of the rights of consumers is carried out by court. 2. Claims for protection of the rights of consumers can be shown at the choice of the claimant in court in a place: findings of the organization and if the respondent is the individual businessman, - its residence; residence or stay of the claimant; the conclusions or executions of the contract. If the claim to the organization follows from activity of its branch or representation, it can be shown in court on the location of its branch or representation. 3. Consumers under the claims connected with infringement of their rights, and also the authorized federal enforcement authority under the control (supervision) over protection of the rights of consumers (its territorial bodies), and also other federal enforcement authorities which are carrying out functions under the control and supervision in the field of protection of the rights of consumers and safety of the goods (works, services) (their territorial bodies), institutions of local government, public associations of consumers (their associations, the unions) under the claims shown in interests of the consumer, group of consumers, a uncertain circle of consumers, are released from payment of a State Tax according to the legislation of the Russian Federation on taxes and tax collections. Chapter II. Protection of the rights of consumers at sale of the goods to consumers

Clause 18. Consequences of sale of the goods of inadequate quality 1. The consumer to which the goods of inadequate quality if it has not been stipulated by the seller is sold, has the right to demand at the choice: gratuitous elimination of lacks of the goods or the reimbursement for their correction by the consumer or the third party; proportional reduction of a purchase price; replacements by the goods of similar mark (model, the article); replacements by the same goods of other mark (model, the article) with corresponding recalculation of a purchase price. The consumer instead of presentation of these requirements has the right to refuse execution of the contract of sale and purchase and to demand return of the sum of money paid for the goods. On demand of the seller and at his expense the consumer should return the goods with lacks. Thus the consumer has the right to demand also the full indemnification of the losses, caused to it owing to sale of the goods of inadequate quality. Losses are compensated in the terms established by the present Law, for satisfaction of corresponding requirements of the consumer. Concerning technically complex and expensive goods of the requirement of the consumer about their replacement by the goods of similar mark (model, the article), and also about replacement by the same goods of other mark (models, the article) with corresponding recalculation of a purchase price are a subject to satisfaction in case of detection of essential lacks of the goods. The list of technically complex goods affirms the Government of the Russian Federation. 2. The requirements specified in item 1 of present clause, are shown by the consumer to the seller either the authorized organization or the authorized individual businessman. 3. The consumer has the right to make the demands specified in paragraphs of second and fourth item 1 of present clause, to the manufacturer, the authorized organization or the authorized individual businessman, the importer. Instead of presentation of these requirements the consumer has the right to return to the manufacturer the goods of inadequate quality and to demand return of the sum paid for it. 4. In case of detection of lacks of the goods, which property do not allow to eliminate them, the consumer at the choice has the right to demand from the seller (the authorized organization or the authorized individual businessman) replacement of the goods by the goods of similar mark (model, the article) or on the same goods of other mark (models, the article) with corresponding recalculation of the purchase price, proportional reduction of a purchase price or to refuse execution of the contract of sale and purchase and to demand return of the sum of money paid for the goods, and from the manufacturer (the authorized organization or the authorized individual businessman, the importer) replacement of the goods by the goods of similar mark (model, the article) or return of the sum of money paid for it. 5. Absence at the consumer of the cash or commodity check or other document, certifying the fact and conditions of purchase of the goods, is not the basis for refusal in satisfaction of its requirements. The seller (manufacturer), the authorized organization or the authorized individual businessman, the importer are obliged to accept the goods of inadequate quality at the consumer and in case of need to inspect quality of the goods. The consumer has the right to participate in quality check of the goods. At occurrence of dispute on the reasons of occurrence of lacks of the goods the seller (manufacturer), the authorized organization or the authorized individual businessman, the importer are obliged to examine the goods at own expense. The consumer has the right to challenge the conclusion of such examination in the judicial order. If as a result of examination of the goods it is established, that its lacks have arisen owing to circumstances for which the seller (manufacturer) does not answer, the consumer is obliged to compensate to the seller (manufacturer), the authorized organization or the authorized individual businessman, the importer charges on carrying out of examination, and also the charges connected with its carrying out on storage and transportation of the goods. 6. The seller (manufacturer), the authorized organization or the authorized individual businessman, the importer is responsible for lacks of the goods on which the warranty period if the consumer will prove is not established, that they have arisen before transfer of the goods to the consumer or for the reasons which have arisen till this moment. Concerning the goods on which the warranty period, the seller (manufacturer), the authorized organization or the authorized individual businessman is established, the importer is responsible for lacks of the goods if will not prove, that they have arisen after transfer of the goods to the consumer owing to infringement by the consumer of rules of use, storage or transportation of the goods, actions of the third parties or force majeure. 7. Delivery of the large-sized goods and the goods in weight more than five kgs for repair replacements and (or) return to their consumer are carried out by forces and due to the seller (the manufacturer, the authorized organization or the authorized individual businessman, the importer). In case of default of the given duty, and also at absence of the seller (the manufacturer, the authorized organization or the authorized individual businessman, the importer) in the location of the consumer delivery and (or) return of the specified goods can be carried out by the consumer. Thus the seller (the manufacturer, the authorized organization or the authorized individual businessman, the importer) is obliged to refund the consumer, connected with delivery and (or) return of the specified goods.

Clause 19. Terms of presentation by the consumer of requirements concerning lacks of the goods 1. The consumer has the right to make stipulated by clause 18 of the present Law of the demands to the seller (to the manufacturer, the authorized organization or the authorized individual businessman, the importer) concerning lacks of the goods if they are found out during a warranty period or working life. Concerning the goods, on which warranty periods or working lives are not established, the consumer has the right to make the specified demands if lacks of the goods are found out in reasonable term, but within the limits of two years from the date of transfer to their consumer if longer terms are not established by the law or the contract. 2. The warranty period of the goods, and also term of its service is estimated from the date of transfer of the goods to the consumer if other is not stipulated by the contract. If day of transfer to establish it is impossible, these terms are estimated from the date of manufacturing the goods. For the seasonal goods (footwear, clothes and other) these terms are estimated from the moment of approach of a corresponding season which term of approach is defined accordingly by subjects of the Russian Federation proceeding from climatic conditions of the location of consumers. At sale of the goods on samples, by mail, and also in cases if the moment of the conclusion of the contract of sale and purchase and the moment of transfer of the goods to the consumer do not coincide, these terms are estimated from the date of delivery of the goods to the consumer. If the consumer is deprived an opportunity to use the goods owing to the circumstances depending on the seller (in particular, the goods requires special installation, connection or assembly, in it there are lacks), the warranty period does not flow before elimination by the seller of such circumstances. If day of delivery, installation, connection, assembly of the goods, elimination of circumstances depending on the seller owing to which the consumer cannot use the goods to destination to define it is impossible, these terms are estimated from the date of the conclusion of the contract of sale and purchase. Working life of the goods is defined by the period estimated from the date of manufacturing of the goods during which it is suitable to use, or date before which the goods is suitable to use. Duration of working life of the goods should correspond to obligatory requirements to safety of the goods. 3. Warranty periods can be established on completing products and components of the basic goods. Warranty periods for completing products and components are estimated in the same order, as a warranty period for the basic goods. Warranty periods for completing products and components of the goods are considered equal to a warranty period for the basic product if other is not established by the contract. In case on completing product and a component of the goods in the contract the warranty period of smaller duration, than a warranty period for the basic product is established, the consumer has the right to make the demands connected with lacks of the completing product and a component of the goods, at their detection during a warranty period for the basic product if other is not stipulated by the contract. If on completing product the warranty period of greater duration, than a warranty period for the basic goods is established, the consumer has the right to make demands concerning lacks of the goods provided that lacks of a completing product are found out during a warranty period for this product, irrespective of the expiration of a warranty period for the basic goods. 4. The terms specified in present clause, are brought to the notice of the consumer in the information on the goods, given to the consumer in conformity with clause 10 of the present Law. 5. In cases when the warranty period stipulated by the contract makes less than two years and lacks of the goods are found out by the consumer after a warranty period, but within the limits of two years, the consumer has the right to make to the seller (manufacturer) the demands stipulated by clause 18 of the present Law if will prove, that lacks of the goods have arisen before its transfer to the consumer or for the reasons which have arisen till this moment. 6. In case of revealing essential lacks of the goods the consumer has the right to show to the manufacturer (to the authorized organization or the authorized individual businessman, the importer) the requirement about gratuitous elimination of such lacks if will prove, that they have arisen before transfer of the goods to the consumer or for the reasons which have arisen till this moment. The specified requirement can be shown, if lacks of the goods are found out after two years from the date of transfer of the goods to the consumer, during the service life established on the goods or within ten years from the date of transfer of the goods to the consumer in case of service life. If the specified requirement is not satisfied within twenty days from the date of its presentation by the consumer or the lack of the goods found out by it is ineradicable, the consumer at the choice has the right to show to the manufacturer (to the authorized organization or the authorized individual businessman, the importer) other clauses 18 of the present Law of the requirement stipulated by item 3 or to return the goods to the manufacturer (to the authorized organization or the authorized individual businessman, the importer) and to demand return of the paid sum of money.

Clause 20. Elimination of lacks of the goods by the manufacturer (the seller, the authorized organization or the authorized individual businessman, the importer) 1. If term of elimination of lacks of the goods is not certain in writing by the agreement of the parties, these lacks should be eliminated by the manufacturer (the seller, the authorized organization or the authorized individual businessman, the importer) immediately. 2. Concerning the goods of long using the manufacturer, the seller either the authorized organization or the authorized individual businessman are obliged at presentation by the consumer of the specified requirement in three-day term gratuitously to give to the consumer for the period of repair the similar goods, having provided delivery at own expense. The Inventory of long using on which the specified requirement does not extend, established by the Government of the Russian Federation. 3. In case of elimination of lacks of the goods the warranty period for it is prolonged for the period during which the goods was not used. The specified period is estimated from the date of the reference of the consumer with the requirement about elimination of lacks of the goods about day of its delivery upon termination of repair. 4. At elimination of lacks of the goods by means of replacement of a completing product or a component of the basic product on which warranty periods are established, on new completing product or a component of the basic product the warranty period of the same duration, as on replaced completing product or a component of the basic product if other is not stipulated by the contract is established, and the warranty period is estimated from the date of delivery to the consumer of this goods upon termination of repair.

Clause 21. Replacement of the goods of inadequate quality 1. In case of detection by the consumer of lacks of the goods and presentation of the requirement about its replacement the seller (the manufacturer, the authorized organization or the authorized individual businessman, the importer) is obliged to replace such goods within seven days from the date of presentation of the specified requirement by the consumer, and if necessary additional quality check of such goods by the seller (the manufacturer, the authorized organization or the authorized individual businessman, the importer) - within twenty days from the date of presentation of the specified requirement. If at the seller (the manufacturer, the authorized organization or the authorized individual businessman, the importer) during the moment of presentation of the requirement is absent the goods necessary for replacement, replacement should be lead within a month from the date of presentation of such requirement. In regions of the Far North and the districts equal to them the requirement of the consumer about replacement of the goods is a subject to satisfaction under its application in time, necessary for the next delivery of the corresponding goods in these areas, in case of absence at the seller (the manufacturer, the authorized organization or the authorized individual businessman, the importer) the goods necessary for replacement at date of presentation of the specified requirement. If for replacement of the goods it is required more than seven days, at the customer's request the seller (the manufacturer either the authorized organization or the authorized individual businessman) within three days from the date of presentation of the requirement about replacement of the goods is obliged to give gratuitously to the consumer in time using for the period of replacement the similar goods of long using, having provided its delivery at own expense. This rule does not extend on the goods which list is defined according to item 2 of clause 20 of the present Law. 2. The goods of inadequate quality should be replaced with the new goods, that is on the goods which is not was in the use. At replacement of the goods the warranty period is estimated anew from the date of transfer of the goods to the consumer.

Clause 22. Terms of satisfaction of separate requirements of the consumer Requirements of the consumer about proportional reduction of a purchase price of the goods, the reimbursement for correction of lacks of the goods by the consumer or the third party, return of the sum of money paid for the goods, and also the requirement about the indemnification, caused to the consumer owing to sale of the goods of inadequate quality, is a subject to satisfaction the seller (the manufacturer, the authorized organization or the authorized individual businessman, the importer) within ten days from the date of presentation of the corresponding requirement.

Clause 23. The responsibility of the seller (the manufacturer, the authorized organization or the authorized individual businessman, the importer) for delay of performance of requirements of the consumer 1. For infringement stipulated by clauses 20, 21 and 22 present Laws of terms, and also for default (a delay of performance) requirements of the consumer about granting to it for the period of repair (replacement) of the similar goods the seller (the manufacturer, the authorized organization or the authorized individual businessman, the importer), admitted such infringements, pays to the consumer per every day of delay the penalty (u~) at a rate of one percent of the price of the goods. The price of the goods is defined proceeding from its price existed in that place, in which the requirement of the consumer should be satisfied by the seller (the manufacturer, the authorized organization or the authorized individual businessman, the importer), in day of voluntary satisfaction of such requirement or in day of adjudication if the requirement has not been voluntary satisfied. 2. In case of failure to meet requirements of the consumer in the terms stipulated by clauses 20 - 22 present Laws, the consumer have the right to make other demands established by clause 18 of the present Law at the choice.

Clause 24. Calculations with the consumer in case of purchase of the goods of inadequate quality by it 1. At replacement of the goods of inadequate quality by the goods of similar mark (model, the article) recalculation of the price of the goods is not made. 2. At replacement of the goods of inadequate quality by the same goods of other mark (model, the article) in case the price of the goods which is a subject replacement, below the price of the goods given in exchange, the consumer should pay in addition a difference in the prices; in case the price of the goods which is a subject replacement, above the price of the goods given in exchange, a difference in the prices is paid to the consumer. The price of the goods which is a subject replacement, is defined for a moment its replacements and if the requirement of the consumer is not satisfied by the seller, the price of the replaced goods and the price transferred instead of the goods are defined at the moment of removal by court of the decision on replacement of the goods. 3. In case of presentation by the consumer of the requirement about proportional reduction of a purchase price of the goods in calculation the price of the goods at the moment of presentation by the consumer of the requirement about u~{u or if it voluntary is not satisfied, at the moment of removal by court of the decision on proportional reduction of a purchase price is accepted. 4. At return of the goods of inadequate quality the consumer has the right to demand compensation of a difference between by the goods, established by the contract, and by the corresponding goods at the moment of voluntary satisfaction of such requirement or if the requirement voluntary is not satisfied, at the moment of removal by court of the decision. 5. In case of return of the goods of the inadequate quality sold on credit, to the consumer the sum of money paid for the goods at a rate of the return of the specified goods of the credit extinguished to day comes back, and also the payment for granting of the credit is compensated.

Clause 25. The right of the consumer to an exchange of the goods of appropriate quality 1. The consumer has the right to exchange appropriate quality for the similar goods at the seller at whom this goods has been got if the specified goods has not approached under the form, to dimensions, a style, a coloring, the size or a complete set. The consumer has the right to an exchange of appropriate quality within fourteen days, not including day of its purchase. The exchange appropriate quality is spent, if the specified goods was not in the use, its packaging, consumer properties, seals, factory labels are kept, and also there is a commodity check or the cash voucher or other confirming payment of the specified goods the document. Absence at the consumer of the commodity check or the cash voucher or other goods of the document confirming payment does not deprive with its opportunity to refer to a testimony. The inventory, not a subject an exchange on the bases specified in present clause, affirms the Government of the Russian Federation. 2. In case the similar goods is absent on sale at date of the reference of the consumer to the seller, the consumer has the right to refuse execution of the contract of sale and purchase and to demand return of the sum of money paid for the specified goods. The requirement of the consumer about return of the sum of money paid for the specified goods is a subject to satisfaction within three days from the date of return of the specified goods. Under the agreement of the consumer with the seller the exchange of the goods can be stipulated at receipt of the similar goods in sale. The seller is obliged to inform immediately to the consumer on receipt of the similar goods in sale.

Clause 26. Rules of sale of separate kinds of the goods Rules of sale of separate kinds of the goods affirm the Government of the Russian Federation.

Clause 26.1. A remote way of sale of the goods 1. The contract of retail sale and purchase can be concluded on the basis of acquaintance of the consumer with the offered seller by the description of the goods containing in catalogues, prospectuses, the booklets, presented on pictures, by means of a communication facility (television, post, radio communications and others) or others excluding an opportunity of direct acquaintance of the consumer with the goods or the sample of the goods at the conclusion of such contract (a remote way of sale of the goods) in the ways. 2. By the seller up to the conclusion of the contract the information on the basic consumer properties of the goods, on the address (location) of the seller, on a place of manufacturing of the goods, on the full company name (name) of the seller (manufacturer), on the price and on conditions of purchase of the goods, on its delivery, service life, working life and a warranty period, on the order of payment of the goods, and also on term during which the offer on the conclusion of the contract operates should be given to the consumer. 3. During the moment of delivery of the goods the information on the goods, stipulated by clause 10 of the present Law, and also stipulated by item 4 of present clause the information on the order and terms of return of the goods should be in writing given to the consumer. 4. The consumer has the right to refuse the goods at any time before its transfer, and after transfer of the goods - within seven days. In case the information on the order and terms of return of the goods of appropriate quality has not been given in writing during the moment of delivery of the goods, the consumer has the right to refuse the goods within three months from the moment of transfer of the goods. Return of the goods of appropriate quality is possible in case its packaging, consumer properties, and also the document confirming the fact and conditions of purchase of the specified goods are kept. Absence at the consumer of the document confirming the fact and conditions of purchase of the goods, does not deprive with its opportunity to refer to other proofs of purchase of the goods at the given seller. The consumer has not the right to refuse the goods of the appropriate quality having individually-certain properties if the specified goods can be used by consumer exclusively getting it. At refusal of the consumer of the goods the seller should return to it a sum of money paid by the consumer under the contract, except for charges of the seller on delivery from the consumer of the returned goods, not later than in ten days from the date of presentation by the consumer of the corresponding requirement. 5. Consequences of sale of the goods of inadequate quality in the remote way of sale of the goods are established by the positions stipulated by clauses 18 - 24 present Laws. Chapter III. Protection of the rights of consumers at performance of works (rendering of services)

Clause 27. Terms of performance of works (rendering of services) 1. The executor is obliged to carry out performance of work (rendering of service) in time, established by rules of performance of separate kinds of works (rendering of separate kinds of services) or the contract about performance of works (rendering of services). In the contract about performance of works (rendering of services) term of performance of work (rendering of service) if it is not stipulated by the specified rules, and also term of smaller duration, than the term established by specified rules can be provided. 2. Term of performance of work (rendering of service) can be defined by date (period) to which performance of work (rendering of service) should be finished or () date (period) to which the executor should start performance of work (rendering of service). 3. In case performance of work (rendering of service) is carried out in parts (delivery of periodicals, maintenance service) during validity of the contract about performance of works (rendering of services), should be provided corresponding terms (periods) of performance of such works (rendering of services). Under the agreement of parties in the contract time for completion of separate stages of work (intermediate terms) can be stipulated also. Clause 28. Consequences of infringement by the executor of terms of performance of works (rendering of services) 1. If the executor has broken terms of performance of work (rendering of service) - terms of the beginning and the termination of performance of work (rendering of service) and intermediate terms of performance of work (rendering of service) or during performance of work (rendering of service) became obvious, that it will not be executed in time, the consumer at the choice has the right: to appoint to the executor new term; to charge performance of work (rendering of service) to the third parties for the reasonable price or to execute it by own strength and to demand from the executor of compensation of the suffered charges; to demand reduction of the price for performance of work (rendering of service); to refuse execution of the contract about performance of work (rendering of service). The consumer has the right to demand also the full indemnification of the losses, caused to it in connection with infringement of terms of performance of work (rendering of service). Losses are compensated in the terms established for satisfaction of corresponding requirements of the consumer. 2. The new terms of performance of work appointed by the consumer (rendering of service) are specified in the contract about performance of work (rendering of service). In case of delay of new terms the consumer has the right to make to the executor other demands established by item 1 of present clause. 3. The price of performed work (rendered service), returned to the consumer at refusal of execution of the contract about performance of work (rendering of service), and also considered at reduction of the price of performed work (rendered service), is defined according to items 3, 4 and 5 clauses 24 of the present Law. 4. At refusal of execution of the contract about performance of work (rendering of service) the executor has not the right to demand compensation of the expenses made during performance of work (rendering of service), and also a payment for performed work (rendered service), except for a case if the consumer has accepted performed work (rendered service). 5. In case of infringement of target dates of performance of work (rendering of service) or appointed by the consumer on the basis of item 1 of present clause of new terms the executor pays to the consumer per every day (hour if term is certain in hours) delays the penalty at a rate of three percent of the price of performance of work (rendering of service) and if the price of performance of work (rendering of service) about performance of works (rendering of services) is not certain by the contract - a total price of the order. By the contract about performance of works (rendering of services) between the consumer and the executor higher size of the penalty can be established. The penalty for infringement of terms of the beginning of performance of work (rendering of service), its stage is collected per every day (hour if term is certain in hours) delays, down to the beginning of performance of work (rendering of service) or presentation by the consumer of the requirements stipulated by item 1 of present clause. The penalty (u~) for infringement of termination dates of performance of work (rendering of service), its stage is collected per every day (hour if term is certain in hours) delays down to the termination of performance of work (rendering of service) or presentations by the consumer of the requirements stipulated by item 1 of present clause. The sum of the penalty collected by the consumer cannot exceed the price of a separate kind of performance of work (rendering of service) or a total price of the order if the price of performance of a separate kind of work (rendering of service) is not certain by the contract about performance of work (rendering of service). The size of the penalty is defined proceeding from the price of performance of work (rendering of service) and if the specified price is not certain, proceeding from the total price of the order existed in that place in which the requirement of the consumer should be satisfied by the executor in day of voluntary satisfaction of such requirement or in day of adjudication if the requirement of the consumer has not been voluntary satisfied. 6. The requirements of the consumer established by item 1 of present clause, are not a subject to satisfaction if the executor will prove, that infringement of terms of performance of work (rendering of service) has occured owing to force majeure or on fault of the consumer.

Clause 29. The rights of the consumer at detection of lacks of performed work (rendered service) 1. The consumer at detection of lacks of performed work (rendered service) has the right to demand at the choice: gratuitous elimination of lacks of performed work (rendered service); corresponding reduction of the price of performed work (rendered service); gratuitous manufacturing of other thing from a homogeneous material of the same quality or repeated performance of work. Thus the consumer is obliged to return earlier transferred to it the executor a thing; compensation of the charges suffered by it on elimination of lacks of performed work (rendered service) by own strength or the third parties. The satisfaction of requirements of the consumer about gratuitous elimination of lacks, about manufacturing other thing or about repeated performance of work (rendering of service) does not relieve from the executor of the responsibility in the form of the penalty for infringement of a termination date of performance of work (rendering of service). The consumer has the right to refuse execution of the contract about performance of work (rendering of service) and to demand the full indemnification of losses if in the term established by the specified contract lacks of performed work (rendered service) are not eliminated by the executor. The consumer also has the right to refuse execution of the contract about performance of work (rendering of service) if it finds out essential lacks of performed work (rendered service) or other essential deviations from treaty provisions. The consumer has the right to demand also the full indemnification of the losses, caused to it in connection with lacks of performed work (rendered service). Losses are compensated in the terms established for satisfaction of corresponding requirements of the consumer. 2. The price of performed work (rendered service), returned to the consumer at refusal of execution of the contract about performance of work (rendering of service), and also considered at reduction of the price of performed work (rendered service), is defined according to items 3, 4 and 5 clauses 24 of the present Law. 3. The requirements connected with lacks of performed work (rendered service), can be shown at acceptance of performed work (rendered service) or during performance of work (rendering of service) or if it is impossible to find out lacks at acceptance of performed work (rendered service), during the terms established by the present item. The consumer has the right to make the demands connected with lacks of performed work (rendered service) if they are found out during a warranty period, and at its absence in reasonable term, within the limits of two years from the date of acceptance of performed work (rendered service) or five years concerning lacks of a structure and other real estate. 4. The executor is responsible for lacks of work (service) on which the warranty period if the consumer will prove is not established, that they have arisen before its acceptance by it or for the reasons which have arisen till this moment. Concerning work (service) on which the warranty period is established, the executor is responsible for its lacks if will not prove, that they have arisen after acceptance of work (service) by the consumer owing to infringement of rules of use of result of work (service) by it, actions of the third parties or force majeure. 5. In cases when the warranty period stipulated by the contract makes less than two years (five years on real estate) and lacks of work (service) are found out by the consumer after a warranty period, but within the limits of two years (five years on real estate), the consumer has the right to make the demands stipulated by item 1 of present clause if will prove, that such lacks have arisen before acceptance of result of work (service) by it or for the reasons which have arisen till this moment. 6. In case of revealing essential lacks of work (service) the consumer has the right to make to the executor the demand about gratuitous elimination of lacks if will prove, that lacks have arisen before acceptance of result of work (service) by it or for the reasons which have arisen till this moment. This requirement can be shown, if such lacks are found out after two years (five years concerning real estate) from the date of acceptance of result of work (service), but within the limits of established on result of work (service) of service life or within ten years from the date of acceptance of result of work (service) by the consumer if service life is not established. If the given requirement is not satisfied within twenty days from the date of its presentation by the consumer or the found out lack is ineradicable, the consumer at the choice has the right to demand: corresponding reduction of the price for performed work (rendered service); compensation of the charges suffered by it on elimination of lacks of performed work (rendered service) by own strength or the third parties; refusal of execution of the contract about performance of work (rendering of service) and the indemnification.

Clause 30. Terms of elimination of lacks of performed work (rendered service) Lacks of work (service) should be eliminated by the executor in the reasonable term appointed by the consumer. The term of elimination of lacks appointed by the consumer is underlined in the contract or in other document signed by the parties. The executor pays for infringement of the terms of elimination of lacks of performed work stipulated by the present clause (rendered service) to the consumer per every day of delay the penalty, the size and which order of calculation are defined according to item 5 of clause 28 of the present Law. In case of infringement of the specified terms the consumer has the right to make to the executor other demands stipulated by items 1 and 4 clauses 29 of the present Law.

Clause 31. Terms of satisfaction of separate requirements of the consumer 1. Requirements of the consumer about reduction of the price for performed work (rendered service), about the reimbursement on elimination of lacks of performed work (rendered service) by own strength or the third parties, and also about return of the sum of money paid for work (service) and the indemnification, caused in connection with refusal of execution the contracts stipulated by item 1 of clause 28 and items 1 and 4 clauses 29 of the present Law, are a subject to satisfaction in ten-day term from the date of presentation of the corresponding requirement. 2. Requirements of the consumer about gratuitous manufacturing other thing from a homogeneous material of the same quality or about repeated performance of work (rendering of service) are a subject to satisfaction in time, established for urgent performance of work (rendering of service), and in case of if this term is not established - in time, stipulated by the contract about performance of work (rendering of service) which has been executed. 3. The executor pays for infringement of the terms of satisfaction of separate requirements of the consumer stipulated by the present clause to the consumer per every day of delay the penalty, the size and which order of calculation are defined according to item 5 of clause 28 of the present Law. In case of infringement of the terms specified in items 1 and 2 present clauses, the consumer has the right to make to the executor other demands stipulated by item 1 of clause 28 and items 1 and 4 clauses 29 of the present Law.

Clause 32. The right of the consumer to refusal of execution of the contract about performance of works (rendering of services) The consumer has the right to refuse execution of the contract about performance of works (rendering of services) at any time under condition of payment to the executor of the charges actually suffered by it connected with execution of obligations under the given contract.

Clause 33. The estimate on performance of work (rendering of service) 1. On performance of work (rendering of service), stipulated by the contract about performance of work (rendering of service), the firm or approximate estimate can be made. Drawing up of such estimate at the customer's request or the executor necessarily. 2. The executor has not the right to demand increase in the firm estimate, and the consumer - its reduction, including in case of when during the moment of the conclusion of the contract the opportunity to provide full volume of works a subject performance (rendering of services) or charges necessary for it was excluded. The executor has the right to demand increase in the firm estimate at essential increase of cost of materials and the equipment, given by the executor, and also rendered to it the third parties of services which could not be provided at the conclusion of the contract. At refusal of the consumer to execute this requirement the executor has the right to terminate the contract in the judicial order. 3. If there was a necessity of performance of additional works (rendering of additional services) and for this reason of essential excess of the approximate estimate, the executor is obliged to warn in due time about it the consumer. If the consumer has not agreeed to excess of the approximate estimate, it has the right to refuse execution of the contract. In this case the executor can demand from the consumer of payment of the price for performed work (rendered service). The executor who in due time has not warned the consumer about necessity of excess of the approximate estimate, is obliged to execute the contract, keeping the right to payment of work (service) within the limits of the approximate estimate.

Clause 34. Performance of work from a material of the executor 1. The executor is obliged to perform the work certain by the contract about performance of work, from the material and the means if other is not stipulated by the contract. The executor who has given a material for performance of work, is responsible for its inadequate quality by rules about the responsibility of the seller for the goods of inadequate quality. 2. The material of the executor is paid by the consumer at the conclusion of the specified contract completely or at a rate of, specified in the contract about performance of work, with a condition of final settlement at reception by the consumer of work performed by the executor if other procedure of payments for a material of the executor is not stipulated by the agreement of the parties. 3. In the cases stipulated by the contract about performance of work, the material can be given by the executor to the consumer on credit. The subsequent change of the price of the material of the executor given on credit does not entail recalculation. 4. The material of the executor and works necessary for performance means, tools and other are delivered to a place of performance of works by the executor. Clause 35. Performance of work from a material (with a thing) the consumer 1. If work is carried out in full or in part from a material (with a thing) the consumer, the executor is responsible for safety of this material (thing) and its correct use. The executor is obliged: to warn the consumer about unfitness or poor qualities of the material (thing) transferred by the consumer; to present the report and to return its rest. In case of full or partial loss (damage) of the material (thing) accepted from the consumer, the executor is obliged to replace in three-day term with its homogeneous material (thing) of similar quality and at will of the consumer to make a product of a homogeneous material (thing) in reasonable term, and at absence of a homogeneous material (thing) of similar quality - to compensate to the consumer the double price of the lost (damaged) material (thing), and also the charges suffered by the consumer. 2. The price of the lost (damaged) material (thing) is defined, proceeding from the price of a material (thing) existed in that place in which the requirement of the consumer should be satisfied by the executor in day of voluntary satisfaction of such requirement or in day of adjudication if the requirement of the consumer has not been voluntary satisfied. The price of the material (thing), transferred to the executor, is defined in the contract about performance of work or in other document (the receipt, the order), confirming its conclusion. 3. The executor is relieved from the responsibility for full or partial loss (damage) of the material (thing) accepted by it from the consumer, if the consumer the executor about special properties of a material (thing) which can cause its full or partial loss (damage) or if the specified properties of a material (thing) could not be found out at appropriate acceptance by the executor of this material (thing).

Clause 36. A duty of the executor to inform the consumer on circumstances which can affect quality of performed work (rendered service) or to cause impossibility of its end in time The executor is obliged to inform in due time the consumer that observance of instructions of the consumer and other circumstances depending on the consumer, can lower quality of performed work (rendered service) or to cause impossibility of its end in time. If the consumer, despite of the duly and proved informing by the executor, in reasonable term will not replace a unsuitable or substandard material, will not change instructions on a way of performance of work (rendering of service) or will not eliminate other circumstances which can lower quality of performed work (rendered service), the executor has the right to refuse execution of the contract about performance of work (rendering of service) and to demand the full indemnification of losses.

Clause 37. The order of payment of performed work (rendered service) The consumer is obliged to pay services rendered to it by way of and in terms which are established by the contract with the executor. The consumer is obliged to pay performed by the executor in full work after its acceptance by the consumer. With the consent of the consumer work can be paid by it at the conclusion of the contract in the full size or by delivery of advance payment.

Clause 38. Rules household and other kinds of service of consumers Rules household and other kinds of service of consumers (a rule of performance of separate kinds of works and a rule of rendering of separate kinds of services) affirm the Government of the Russian Federation.

Clause 39. Regulation of rendering of separate kinds of services Consequences of infringement of conditions of contracts about rendering separate kinds of services if such on the character do not fall under action of the present chapter, are defined by the law. Chapter IV. The state and public protection of the rights of consumers Clause 40. The state control and supervision of observance of laws and other normative legal certificates of the Russian Federation adjusting the attitudes in the field of protection of the rights of consumers 1. The state control and supervision of observance of laws and other normative legal certificates of the Russian Federation adjusting the attitudes in the field of protection of the rights of consumers (further - the state control and supervision over protection of the rights of consumers), are carried out by the authorized federal enforcement authority under the control (supervision) over protection of the rights of consumers (its territorial bodies), and also other federal enforcement authorities (their territorial bodies), carrying out functions under the control and supervision over protection of the rights of consumers and safety of the goods (works, services), by way of, defined by the Government of the Russian Federation. 2. The state control and supervision over protection of the rights of consumers provide: carrying out of the actions connected with the control, - check of observance by manufacturers (executors, the sellers authorized by the organizations or authorized by individual businessmen, importers) obligatory requirements of laws and other normative legal certificates of the Russian Federation adjusting the attitudes in the field of protection of the rights of consumers, and also obligatory requirements to the goods (to works, services); delivery within the limits of the powers stipulated by the legislation of the Russian Federation, instructions to manufacturers (to executors, the sellers, the authorized organizations or the authorized individual businessmen, importers) about the termination of infringements of the rights of consumers, about necessity of observance of obligatory requirements to the goods (to works, services); in established by the legislation of the Russian Federation the order acceptance of measures on stay of manufacture and realization of the goods (performance of works, rendering of services) which mismatch obligatory requirements (including with the expired working life), and the goods on which should be established, but not a target date of the validity, on a response from a home market and (or) from the consumer or consumers of the goods (works, services) which mismatch obligatory requirements, and to informing on it of consumers; direction in the body which is carrying out licensing of the corresponding kind of activity (licensing body), materials about infringement of the rights of consumers for consideration of questions on stay of action or about cancellation of the corresponding license in established by the legislation of the Russian Federation the order; direction in bodies of Office of Public Prosecutor, other law enforcement bodies on jurisdiction of materials for the decision of questions on excitation of criminal cases to attributes of the crimes connected with infringement established laws and other normative legal certificates of the Russian Federation of the rights of consumers; the reference in court with applications in protection of the rights of consumers, legitimate interests of a uncertain circle of consumers, and also with applications for liquidation of the manufacturer (the executor, the seller, the authorized organization, the importer) or about the termination of activity of the individual businessman (the authorized individual businessman) for numerous or rough infringement established by laws and other normative legal certificates of the Russian Federation of the rights of consumers. 3. The authorized federal enforcement authority under the control (supervision) over protection of the rights of consumers (its territorial bodies), and also other federal enforcement authorities (their territorial bodies), carrying out functions under the control and supervision over protection of the rights of consumers and safety of the goods (works, services), can be got court to take part in business or enter business under the initiative or under the initiative of the persons participating in business, for a summer residence of the conclusion on business with a view of protection of the rights of consumers. 4. The federal enforcement authority which is carrying out functions on development of a state policy in the field of protection of the rights of consumers, explains concerning application of laws and other normative legal certificates of the Russian Federation adjusting the attitudes in the field of protection of the rights of consumers, and also approves regulations about the order of consideration by the authorized federal enforcement authority under the control (supervision) over protection of the rights of consumers (its territorial bodies) affairs about infringement of laws and other normative legal certificates of the Russian Federation adjusting the attitudes in the field of protection of the rights of consumers.

Clause 41. A duty of the manufacturer (the executor, the seller, the authorized organization or the authorized individual businessman, the importer) on granting the information to the federal enforcement authorities authorized on carrying out of the state control and supervision in the field of protection of the rights of consumers (their territorial bodies) The manufacturer (the executor, the seller, the authorized organization or the authorized individual businessman, the importer) on demand of the authorized federal enforcement authority under the control (supervision) over protection of the rights of consumers (its territorial bodies), and also other federal enforcement authorities (their territorial bodies), carrying out functions under the state control and supervision over protection of the rights of consumers and safety of the goods (works, services), their officials is obliged to give in the term established by them authentic data, the documentation, explanations in written and (or) the oral form and other information necessary for realization by specified federal enforcement authorities and their officials of powers, established by the present Law.

Clause 42. Has become invalid.

Clause 42.1. Powers of the maximum agencies of the government of subjects of the Russian Federation in the field of protection of the rights of consumers The maximum agency of the government of the corresponding subject of the Russian Federation carries out actions on realization, maintenance and protection of the rights of consumers and within the limits of the powers takes the certain measures.

Clause 43. The responsibility for infringement of the rights of the consumers established by laws and other normative legal certificates of the Russian Federation For infringement of the rights of the consumers established by laws and other normative legal certificates of the Russian Federation, the seller (the executor, the manufacturer, the authorized organization or the authorized individual businessman, the importer) bears administrative, criminal or the-legal responsibility according to the legislation of the Russian Federation.

Clause 44. Realization of protection of the rights of consumers by institutions of local government With a view of protection of the rights of consumers in territory of municipal formation institutions of local government have the right: to consider complaints of consumers, to advise them concerning protection of the rights of consumers; to address in courts in protection of the rights of consumers (a uncertain circle of consumers). At revealing under the complaint of the consumer of the goods (works, services) inadequate quality, and also dangerous to a life, health, property of consumers and environments immediately to inform on it the federal enforcement authorities which are carrying out the control over quality and safety of the goods (works, services).

Clause 45. The rights of public associations of consumers (their associations, the unions) 1. Citizens have the right to be united on a voluntary basis in public associations of consumers (their associations, the unions), which carry out the activity according to charters of the specified associations (their associations, the unions) and the legislation of the Russian Federation. 2. Public associations of consumers (their associations, the unions) for realization of the authorized purposes have the right: to participate in development of obligatory requirements to the goods (to works, services), and also projects of laws and other normative legal certificates of the Russian Federation adjusting the attitudes in the field of protection of the rights of consumers; to spend an independent expert appraisal of quality, safety of the goods (works, services), and also conformity of consumer properties of the goods (works, services) declared by sellers (manufacturers, executors) information on them; to check observance of the rights of consumers and rules trading, household and other kinds of service of consumers to make certificates about the revealed infringements of the rights of consumers and to direct the specified certificates for consideration to the authorized bodies of the government, and also to inform institutions of local government on the revealed infringements, to participate under the request of consumers in carrying out of examinations on the facts of infringement of the rights of consumers; to distribute the information on the rights of consumers and on necessary actions on protection of these rights, about results of comparative researches of quality of the goods (works, services), and also other information which will promote realization of the rights and legitimate interests of consumers. Consumers published by public associations (their associations, the unions) results of comparative researches of quality of the goods (works, services) are not advertising; to bring in federal enforcement authorities, the organizations of the offer on acceptance of measures on improvement of quality of the goods (works, services), on stay of manufacture and realization of the goods (performance of works, rendering of services), on a response from a home market of the goods (works, services), mismatching shown to them and the established legislation of the Russian Federation on technical regulation to obligatory requirements; to bring in bodies of Office of Public Prosecutor and federal enforcement authorities materials about attraction to the responsibility of the persons who are carrying out manufacture and realization of the goods (performance of works, rendering of services), mismatching obligatory requirements shown to them, and also the consumers breaking the right, established by laws and other normative legal certificates of the Russian Federation; to address in bodies of Office of Public Prosecutor with requests to bring protests about a recognition void certificates of federal enforcement authorities, certificates of enforcement authorities of subjects of the Russian Federation and certificates of the institutions of local government contradicting laws and other adjusting attitude in the field of protection of the rights of consumers to normative legal certificates of the Russian Federation; to address in courts with applications in protection of the rights of consumers and legitimate interests of separate consumers (group of consumers, a uncertain circle of consumers).

Clause 46. Protection of the rights and legitimate interests of a uncertain circle of consumers The authorized federal enforcement authority under the control (supervision) over protection of the rights of consumers (its territorial bodies), other federal enforcement authorities (their territorial bodies), carrying out functions under the control and supervision over protection of the rights of consumers and safety of the goods (works, services), institutions of local government, public associations of consumers (their associations, the unions) has the right to show claims in courts about a recognition of actions of the manufacturer (the executor, the seller, the authorized organization or the authorized individual businessman, the importer) illegal concerning a uncertain circle of consumers and about the termination of these actions. At satisfaction of such claim court the offender to finish in the term established by court through mass media or a different way to data of consumers the decision of court. The decision which has entered validity of court on a recognition of actions of the manufacturer (the executor, the seller, the authorized organization or the authorized individual businessman, the importer) illegal concerning a uncertain circle of consumers necessarily for the court considering the claim of the consumer about protection of its rights, arisen owing to approach legal consequences of actions of the manufacturer (the executor, the seller, the authorized organization or the authorized individual businessman, the importer), regarding questions, whether took a place such actions and whether are accomplished they by the manufacturer (the executor, the seller, the authorized organization or the authorized individual businessman, the importer). Simultaneously with satisfaction the claim shown by public association of consumers (their association, the union), institutions of local government in interests of a uncertain circle of consumers, the court makes a decision on compensation to public association of consumers (to their association, the union), to institutions of local government of all legal cost suffered on business, and also others arisen up to the reference in court and connected with consideration of business of necessary charges, including charges on carrying out of an independent expert appraisal in case of revealing as a result of carrying out of such examination of infringement of obligatory requirements to the goods (to works, services). Moscow, House of Councils On February, 7th, 1992 N 2300-I
 

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