Article 31. Obligations of the seller (manufacturer, contractor) to compensate in full for losses (harm) caused to the life, health and (or) property of the consumer as a result of defects in the goods (work, services) The Law on Consumer Protection
1. The seller (manufacturer, contractor) is obliged to fully compensate for the damage caused to the life, health and (or) property of the consumer as a result of constructive, prescription or other defects in the product (work, service) or as a result of incomplete, unreliable or untimely information about the product (work, service), also within ten calendar days from the date of The filing of the claim must provide a response to the consumer for compensation for damage or take appropriate measures to meet the consumer's requirements.
The damage caused is subject to compensation by the seller (manufacturer, performer), regardless of his fault and regardless of whether the consumer was in a contractual relationship with him or not.
2. In case of confirmation of the fact of a shortage of goods (work, service), the seller (manufacturer, contractor) is obliged to fully reimburse the costs incurred by the consumer, the public consumer association, the association (union) related to the examination of the goods (work, service).
3. Damage caused by product defects and violations of product safety standards is subject to compensation if it occurs within the established shelf life (service life) of the product; if no shelf life (service life) has been established, then within ten years from the date of product manufacture.
Damage caused as a result of defects in the goods is subject to compensation at the consumer’s option by the seller or manufacturer of the goods, unless otherwise provided for by this Law.
Harm caused as a result of defects in work or services is subject to compensation by the performer.
4. In connection with the use of materials, equipment, tools and other means in the production of goods (performance of works, provision of services), regardless of whether the level of scientific and technical knowledge of the manufacturer (performer) allowed to identify their special properties and characteristics, the damage caused as a result of defects in the goods (work, services) is subject to compensation.
5. The seller (manufacturer, contractor) is responsible for damage caused to the life, health and (or) property of the consumer, even if the goods are provided, sold, and the service is provided free of charge or at a reduced price.
6. The seller (manufacturer, contractor) is released from liability upon presentation of evidence that the damage was caused as a result of the actions of third parties or force majeure or violation by the consumer of the established rules of use, storage of goods (work, services).
The Law of the Republic of Kazakhstan dated May 4, 2010 No. 274-IV.
This Law defines the legal, economic and social foundations of consumer protection, as well as measures to provide consumers with safe and high-quality goods (works, services).
President
Republic of Kazakhstan
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