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First, the definition of counterfeit and shoddy goods 1. Counterfeit goods in the manufacture of goods, realistically imitate the shape of other people's products, or unauthorized, the intellectual property protection products have been copied and sold in order to impersonate other people's products. In the current market, it mainly manifests itself in the use of counterfeiting or falsification of other people's trademarks and logos; fraudulent use of other people's unique names, packaging, decoration, and factory names; and fraudulent use of high-quality product quality certification marks and production licenses. 2. The production and distribution of fake and shoddy goods violate the provisions of China’s current laws and administrative regulations, and its quality and performance indicators do not meet the requirements stipulated by the national, industry, and local standards that have been issued by China, and are even non-standard. Produced product. The State Quality and Technical Supervision Bureau stipulates that commodities under the following 14 kinds of circumstances are fake and inferior commodities. They are: (1) Invalid, deteriorating; (2) Endangering personal safety and health; (3) Inconsistent with the fact that the quality indicated is inconsistent with reality; (4) Embezzling quality or certification marks and Forgery of the production license mark; (5) Doping to make false, false or full of old; (6) The relevant laws and regulations of the State prohibit production and distribution; (7) There is no inspection certificate or no relevant unit allows sales certification; (8) The name of the product and the name of the manufacturer (where the important industrial product does not specify the site) are not marked in Chinese; (9) The expiration date is not specified for the goods that are used for limited time; (10) The license number is not indicated for the management of the production (manufacturing) license. (11) In Chinese, the specifications, grades, main technical specifications or ingredients and contents are not indicated in accordance with the relevant regulations; (12) The treated products (including inferior products, foreign goods) are not marked on the prominent parts of the goods or packaging. (13) Poisonous, flammable, explosive, and other dangerous goods that are not marked with signs and instructions for use; (14) Knowledge and use of goods specified explained. Second, the performance of counterfeit agricultural machinery products 1, Zhang Guan Li Dai. The certificate of agricultural machinery promotion permit, product certification mark, award certificate, etc. of the certified product shall be pasted on the uncertified product; 2. Fake brand name. Trademark names imitate others, have similar names, similar trademark patterns, and mislead agricultural users; counterfeit quality certification marks; 3. false propaganda. Expand the product's function and scope of use, under the banner of new technologies and new products, use words that are not easy to define to promote beautification products; 4, three without products. Products without factory name, no site and legal signs; Repaint the old machine, or use the old assembly to reassemble the whole machine and sell it as a new machine. Use low-quality materials instead of high-quality materials, or reduce the use of material specifications; 7, poor appearance. Cover surface is not smooth, no primer; uneven paint, paint leakage, flow paint phenomenon; 8, rough parts. Welds are not uniform, there are leaky welds, false welds, burn through; parts have burrs, sharp angles; castings have trachoma; heat treatment does not meet the requirements, easy deformation, fracture and so on. 9, security is insecure. The exposed rotating parts of the product, such as pulleys, sprockets, fans, etc., do not have a safety shield or protection in place; electrical equipment has no leakage protection measures or protection is not in place; there are no red or yellow safety warnings at dangerous parts that are likely to cause personal injury. Signs, etc. Third, the agricultural machine users to avoid being deceived several practices 1, to the agricultural machinery technology promotion service department experts to carefully consult, to understand whether the machine is adapted to the local operating environment and agricultural technical requirements, the technology is reliable; can also be experienced to the local old The operator carefully consults and should not blindly purchase; 2. Pay attention to the reputation of the seller and the producer, go to a place with a fixed business, and purchase agricultural machinery according to the complete agricultural machinery product sales unit. 3. To shop around, don't just map. The price is cheap; 4, to check the nameplate on the agricultural machinery product is marked with the product name, factory name, site, date of manufacture and other identification; certificate, instruction manual and other random documents are complete, and the indicated product name, specifications, type Etc., is consistent with the content on the nameplate; 5, to inspect the appearance quality of the product and the processing quality of the parts; for the small machine tool should turn the assembly components to see if the operation is flexible, with or without looseness, stagnation phenomenon; Machines, tractors and other large products should be tested on the test, listen to whether there is abnormal sound, observe the smooth operation, etc.; To the official seal stamped with the sales of credit cards, invoice and three bags of evidence. Invoice should clearly and accurately specify the purchase time, product name, specifications, model, price and other items; the three-package voucher shall indicate the product name, specifications, model number, internal combustion engine number, product number, production company name, address, telephone, postal code , and the name, address, telephone number, zip code, etc. of the specified three-pack repairer; must not receive personal signatures or receipts; 7. The contents of advertising, and the truth of "new technologies" and "new products". The situation must be carefully verified and do not blindly believe. V. Legal basis for the rights protection of agricultural machinery users 1. Law of the People's Republic of China on the Protection of Consumer Rights and Interests; 2. Law of the People's Republic of China on Product Quality; 3. Advertising Law of the People's Republic of China; 4. Provisions on the Responsibility of Repair, Replacement and Return of Agricultural Machinery Products; , The People's Republic of China Standardization Law; 6, the People's Republic of China Measurement Law; 7, the People's Republic of China against unfair competition law; 8, the People's Republic of China arbitration law; VI. Anti-counterfeit rights protection according to law shall retain the original evidence 1. The original evidence of sales receipts, product certifications, warranty certificates, promotional licenses, user manuals, and spare parts atlases, etc. to be retained by agricultural users; within the period of the Three Guarantees, Repair record of the repairer (detailed record of the repairer in the three-guarantee voucher); advertising materials for the product, etc. 2. Several issues that the original evidence should pay attention to (1) The certificate is not standardized. Since there is no standard for uniform certification of the format and content of the certificate, the certification of agricultural machinery products can be varied. Certificates are made of paper, self-adhesive, and fixed in the form of metal signs on the body. The certificate of self-adhesive can not be printed on the serial number of the factory and the date of manufacture; the certificate of the aluminum plate can not be fixed on the body, and the user can't get the license to the supervision department; some agricultural machinery has a certificate, However, the content is not complete, or simply blank; some of the content on the certificate is inconsistent with the contents of the factory nameplate; some of the content of the certificate can be altered at will, not covered by the quality inspection seal, etc.; (2) The content of the manual is not clear. The national standard clearly stipulates that the instruction manual shall specify the product use and application scope, and give the main structure, performance, type, specification and correct lifting, installation, use, operation, maintenance, maintenance and storage according to the characteristics and needs of the product. , As well as the safety measures for the protection of operators and products, but many companies have not done so; (3) Three packs of voucher are incomplete. The National Sixth Committee and the Committee’s “Three Guarantees Regulations for Agricultural Machinery†clearly stipulate that the product warranty certificate shall include the product name, specifications, model number, internal combustion engine number, product number, production company name, address, telephone number, and postal code; , The three parts of the main components are valid and repair records. Repair records should include items such as repair time, delivery time, repair failures, repair records, and replacement certificate. Some companies have three packs of vouchers, some have no repair records, some have no major parts warranty, and some have no replacement returns, etc.; (4) Records of repairs and exchanges on three packs of vouchers must be carefully checked by the user; It is necessary to pay attention to the preservation of evidence to prevent the seller or the manufacturer's third party personnel from taking all the three-part certificates signed by the user. VII. The preaching points of the "Three Guarantees Regulations for Agricultural Machinery" The "Three Guarantees Regulations for Agricultural Machinery" promulgated by the State Sixth Committee and the Party Committee clarified the responsibilities and obligations borne by sellers, repairers, and producers, and stipulated the three who were responsible for the sales of products. Package principle. Repair, replacement, and return responsibility are three forms of responsibility for the Three Guarantees. 1. The three-pack validity period of the complete machine and main components of the internal combustion engine, tractor, combine harvester and agricultural transport vehicle with valid three-packet period, and a list of major components. The warranty period for other products is not less than 1 year. The validity period of the three guarantees will be calculated from the date of invoice, after deducting the time taken for repairs by repairers who have undertaken the Three Guarantees business and the repair parts to be repaired. Products that have changed hands and are still within the warranty period of three guarantees continue to enjoy the Three Guarantees right based on the original invoice and the Three Guarantees certificate of the product. Loss of invoices and three packs of vouchers, but can prove that the products they purchased are still eligible for Three Guarantees within the warranty period of the Three Guarantees. 2. During the warranty repair period, the product fails. The user repairs, replaces, and returns the product with the invoice and the warranty. The repair is repaired free of charge by the repairer specified on the three-guarantee voucher. If the repair unit is not designated, the cost of repairs and transportation shall be borne by the seller. The repairer shall rectify the malfunction and ensure normal use within 40 days from the date of repair. The repairer shall compensate the user for damages resulting from repairs. 3, replacement goods within the warranty period to repair the product, more than 40 days not repaired, the repairer should truthfully record the repair status, the seller based on free to replace the same model for the user with the same specification products. Within 15 days after the product is sold, there is a safety performance failure or performance failure. The user can choose to exchange or repair. During the validity period of the entire three packs, due to the same safety performance failure or performance failure, the repair can not be used normally after two repairs. The repairer replaces the assembly or components. If the replacement still cannot be used normally, the seller shall be responsible for free replacement of products of the same type and specifications with the repair records and certificates provided by the repairer. The validity period of the three bags after replacement is recalculated from the date of replacement. The failure of the main components of the Three Guarantees during the period of validity, the replacement of the three parts of the main part of the effective period, from the date of replacement recalculated. 4. If a security performance failure or performance failure occurs within 15 days after the return of the replacement, the user may request a return, and the seller is responsible for returning the product for free. If the seller meets the terms of exchange, because the seller has no product of the same specification and the same specifications, or because the replacement still fails to meet the performance requirements and explicit requirements stipulated by the relevant national standards, and the user requests a return, the seller shall return the product free of charge. 5. The seller shall perform the following obligations: (1) Cannot guarantee the implementation of this regulation, shall not sell the product; (2) Seriously implement the inspection and acceptance system of the incoming goods; (3) Do not sell products that do not meet the requirements of the legal mark and fake and shoddy products; (4) Keep the products for sale (5) When the product is sold, it should be opened for inspection or submitted to the farmer for inspection and testing (vehicle); provide invoices, three packs of vouchers, product certifications, and product manuals that are uniformly produced by the financial and taxation departments; Three packs method, repairer's address and contact method; introduction of product use, maintenance, and maintenance notice; packing, one-way peasants shall hand in random (vehicle) tools, accessories and spare parts in person, and allow farmers to look at the quality of the purchased products. Conduct inspections; (6) There should be timely measures to eliminate main product failures during the busy season; (7) Handle farmers' enquiries and complaints properly. 6, other provisions of the machine three bags within the validity period, in the agricultural busy season, failure, within the service network within the scope of the repair is easy to repair, repairs should be excluded within 2 days, is not easy to repair the fault should be excluded within 5 days. Outside the service outlets, sellers are responsible for repairing faults during the busy season. For large products that should be three packs, the seller should be responsible for shipping or provide a reasonable fee. Within the period of validity of the Three Guarantees, the seller shall, within three days of the request for the user's Three Guarantees, submit a handling opinion within seven days from the date of receipt of the request. If the user fails to reply within 7 days, or fails to respond according to the reply, the user may dispose of it in accordance with these regulations and the expenses incurred (including communication fees, transportation fees, travel expenses and accommodation fees for one to two persons, repair fees, Replacement parts costs are borne by the seller. 7. Clauses without Three Guarantees but Reasonable Charges (1) Early wear and failure due to improper use, maintenance, and maintenance; if farmer purchases damage caused by improper handling during transit, the conditions of use exceed the scope of the product instructions. , Overspeed and overloaded use, failure to operate according to product instructions, running, repair, adjustment, tightening, improper matching of internal combustion engine, use of fuel oil that does not meet the required requirements, etc.; (2) Self-modification, self-adjustment, and disassembly of product instructions Failures caused by self-adjusting, dismantling parts and components are not allowed; (3) There are no three-guarantee certificates and valid invoices, and it cannot be proved that the product they purchased belongs to the product within the warranty period of the three guarantees; (4) Three-guarantee certificate or invoice (5) After the failure, the damage is not maintained, or the consent of the seller or the repairer is not obtained, so that the product cannot be technically appraised for the cause of the failure. , except as stipulated in Article 22; (6) due to the driver, Staff not legally obtain a driver's training, operating certificate caused by the failure; ⑺ damage caused by force majeure. VIII. Publicity Point of the "Consumer Protection Law" 1. Consumers' Rights (1) Consumers have the right to protect their personal and property safety from damage when they purchase, use, and receive services. Consumers have the right to require the operators to provide goods and services that meet the requirements for the protection of personal and property safety; (2) Consumers have the right to know the true conditions of their purchase, use of goods, or services. Consumers are required to provide prices, origins, producers, uses, performance, specifications, grades, major components, production dates, expiration dates, certificates of inspection, and instructions for use of the products according to the different conditions of the goods or services. After-sales service, or service content, specifications, fees, etc. (3) Consumers have the right to choose their own goods or services. Consumers have the right to choose their own business to provide goods or services operators, independent choice of product variety or service, autonomous decision to buy or not to purchase any kind of goods, accept or not accept any of the services. Consumers have the right to compare, identify, and select when they independently choose goods or services. (4) Consumers have the right to fair trade. When consumers purchase goods or receive services, they have the right to obtain fair trade conditions such as quality assurance, reasonable prices, and correct measurement, and they have the right to refuse the compulsory trading activities of the operators. (5) The consumer is entitled to compensation in accordance with the law if he or she suffers personal or property damage through the purchase, use of goods or services. (6) Consumers have the right to legally establish social organizations that safeguard their own legitimate rights and interests. (7) Consumers have the right to gain knowledge of consumer and consumer rights protection. Consumers should strive to master the knowledge and skills needed to use the goods or services, use the goods correctly, and increase self-protection awareness. (8) Consumers have the right to respect their personal dignity and respect for their national customs and habits when purchasing, using goods, and receiving services. (9) Consumers have the right to supervise the work of goods and services and consumer protection. Consumers have the right to report and sue behaviors that infringe on the rights and interests of consumers, as well as illegal acts of dereliction of duty by state agencies and their staff in the protection of consumer rights and interests, and have the right to criticize and advise on the protection of consumer rights and interests. 2. Solution to disputes over consumer rights (1) Negotiate settlement with the operator; (2) Ask the Consumer Council (Association) to mediate; (3) Appeal to the relevant administrative department; (4) According to the arbitration agreement reached with the operator, submit the arbitration to the arbitration organization; (5) To the people The court filed a lawsuit. 3. Principles of Accepting Complaints by Consumer Associations (1) The Consumers Association accepts consumer complaints and investigates and mediates complaints; (2) Mediation is based on the willingness, legality, fairness, and impartiality of the parties; mediation is based on facts and evidence. Consumer complaints have the responsibility to provide evidence that there is a causal relationship between the purchase, use of goods or services and the damage suffered. The quality of defective products or the specific causes of damage in the service should not be forced to produce proof; (3) Acceptance of division of responsibility according to geographical jurisdiction; (4) Receiving complaints should be serious, accepting consumers to be sincere and enthusiastic, and responding , everything is going well, and strive to comply with the time requirements for receiving complaints, and wholeheartedly serve consumers; (5) To accept consumer complaints, generally should adhere to the principle of unpaid service. Adhere to public opinion supervision and publish the consumer complaints regularly or irregularly through the mass media. All disclosures must be made with caution. We must rely on the facts of consumer complaints or necessary investigations and appraisal materials. We must have the necessary organization approval procedures. When necessary, feedback can be given to critics in advance for verification. 4. The following complaints from the Consumer Association accepting the scope of a complaint shall be admissible: (1) According to the nine provisions of the Consumer Law on the rights of consumers, accept complaints that consumers have been harmed; (2) According to the “Consumer Law†regarding the obligations of the operator The ten regulations deal with consumers' complaints that the operators have not fulfilled their statutory obligations; (3) Accepting complaints from farmers that their rights and interests have been impaired in the purchase and use of production materials such as seeds, fertilizers, pesticides, plastic sheeting, agricultural machinery, etc. that are directly used in agricultural production. The following circumstances are admissible as appropriate: (1) When the circumstances listed in Articles 36, 37, 38, and 39 of the Consumer Law are met, if the complainant cannot provide a clear party at that time, he should actively assist the consumer. The person responsible for the search should be able to determine and should be accepted; (2) To complain about the infringement of personal and property damage caused by the defect of the commodity, the complainant can be informed to keep the scene and evidence, and to bring the lawsuit to the people's court as soon as possible. Consumers complaining of insisting on the elimination of reconciliation may refer to the relevant provisions of the “Civil Procedure Law.†(3) According to the content of the complaint and related regulations, it shall be handled by the administrative department, and the consumer is advised to appeal directly to the relevant administrative department. For complaints that have been lodged with the relevant administrative departments, but they have been delayed for a long time or are only punished by the operators, and the consumers have not been recovered for losses, and the consumers have also complained to the Consumers Association, the Consumers Association can report, inquire and make suggestions to the administrative department; (4) Where local laws and regulations give other duties to the association, they shall be implemented in accordance with local laws and regulations. 5. The circumstances under which the consumer may claim double compensation due to the fraudulent behavior of the business operator as stipulated in the "Proclamation Measures for Fraudulent Consumer Behavior Punishment" (1) Sales of adulterated and adulterated products that are counterfeit and shoddy; (2) Take false or other unfair means to make the sales of goods less than sufficient; (3) sell "processed goods", "defective goods", "external goods" and other goods and falsely claimed to be genuine; (4) with a false "clearing price" , "Sale price", "lowest price", "preferential price" or other deceptive prices represent sales of goods; (5) Sale of goods by means of false commodity descriptions, commodity standards, physical samples, etc.; (6) Not by their real names (7) Take fraudulent sales inducements by employing others, etc.; (8) Make false live demonstrations and illustrations; (9) Make use of broadcast, television, movies, newspapers, and other mass media to falsely promote goods; (10) defrauding consumers of advance payment; (11) using mail-order sales to defraud to collect prices without providing or failing to provide goods in accordance with agreed terms; (12) False "Premium Sales", "principal sales" in order to sell goods; ⒀ false or other improper means consumer fraud act.