On Protection of Consumer Rights

Updated Unofficial translation

The Law of the Republic of Kazakhstan dated 4 May 2010 No. 274-IV.

      For the attention of users!
      The table of contents is created for the convenience of using the database of the RCLI.
      Note of the RCLI!
      See Article 44 of this Law of the Republic of Kazakhstan for the enactment procedure.

      This Law determines legal, economic and social grounds of protection of consumer rights, as well as measures on providing the consumers by safe and quality goods (works, services).

Chapter 1. GENERAL PROVISIONS

Article 1. Basic definitions used in this Law

      The following basic definitions are used in this Law:

      1) a producer – an individual or legal entity producing goods for sale;

      2) shelf life – period of time upon expiration of which the goods are considered unsuitable for use for its intended purpose;

      3) work – the activity oriented to satisfy the needs of consumers, the results of which are expressed materially;

      4) defect – non-conformance of goods (work, service) to compulsory requirements of technical regulations, regulatory documents on standardization, conditions of a contract, as well as information about the goods (work, service) provided by a seller (producer, executor);

      5) warranty term- the period of time established by the seller (manufacturer, executor), the legislation of the Republic of Kazakhstan or the agreement in days, months, years, or the operating time established in hours, operating cycles, kilometers of run or other similar indicators that are calculated from the date of manufacture, purchase of goods (work, services) during which the seller (manufacturer, executor) guarantees the quality of the goods (work, services), on the term of its proper use and storage;

      6) service – the activity oriented to satisfaction of needs of consumers, the results of which are not expressed materially;

      7) period of service - the period of time established in days, months, years, or the operating time established in hours, operating cycles, kilometers of run or other similar indicators stipulated by legislation or contract, proceeding from the functional purpose of the goods (result of work), during which the goods (the result of work) can be used for their intended purpose;

      8) an executor – an individual or legal entity performing the work or rendering a service under the contract;

      9) storage life - the period of time during which the product (the result of the work), while abidance the established storage conditions, shall preserve the quality, properties and characteristics specified in the regulatory documents that establish the requirements for the quality of the goods (work, service) and (or) in the contract ;

      10) a seller – an individual or legal entity selling the goods in accordance with the civil legislation of the Republic of Kazakhstan;

      11) the goods - a product (production) of the manufacturer (performer), intended for personal, family, home or other use, not associated with entrepreneurial activities;

      12) safety of goods (work, service) – absence of inadmissible risk linked with a possibility of inflicting harm to life, health and (or) property of a consumer, as well as environment, upon usual conditions of use, storage, transportation, utilization of good or in the process of performing the work (rendering of a service);

      13) quality of goods (work, service) – set of characteristics of goods (work, service) related to its ability to satisfy the needs of a consumer;

      14) document confirming the fact of acquisition of goods (performance of work, rendering of a service) – control (sales) receipt or ticket of paying-in cash slip, ticket of tear off stub, properly drawn up technical certificate, other document containing the details on name, cost of goods (work, service), date of acquisition, seller (producer, executor);

      15) consumer - an individual who intends to order or acquire or ordering, acquiring and (or) using the goods (work, service) solely for personal, family, home or other use not connected with entrepreneurial activity;

      16) public association of consumers - an organization created as a result of voluntary association of citizens in order to protect the rights and legitimate interests of consumers;

      17) the authorized body in the field of consumer rights protection (hereinafter - the authorized body) - a state body that carries out management and intersectoral coordination in the field of consumer protection.

      Footnote. Article 1 as amended by the Law of the Republic of Kazakhstan dated 21.04.2016 № 504-V (shall be enforced upon expiry of ten calendar days after the day its first official publication).

Article 2. Legislation of the Republic of Kazakhstan on protection of consumer rights

      1. Legislation of the Republic of Kazakhstan on protection of consumer rights is based on the Constitution of the Republic of Kazakhstan and consists of the Civil Code of the Republic of Kazakhstan, this Law and other regulatory legal acts of the Republic of Kazakhstan.

      2. Consumer rights in the scope of financial, social, medical, touristic and other services, as well as questions of their protection shall be established by the Laws of the Republic of Kazakhstan.

      If international treaty ratified by the Republic of Kazakhstan establishes other rules than those provided by this Law, the rules of international treaty shall be applied.

Article 2-1. Basic principles of consumer protection

      Protection of consumers' rights is based on the following principles:

      1) promotion to economic interests of consumers and protection of these interests;

      2) availability and reliability of information on goods (works, services) offered by the seller (manufacturer, performer);

      3) consumer education;

      4) ensuring protection of legitimate interests of consumers;

      5) participation of public associations of consumers in ensuring the protection of consumers' rights;

      6) providing consumers with safe and high-quality goods (works, services).

      Footnote. Chapter 1 is supplemented by Article 2-1 in accordance with the Law of the Republic of Kazakhstan dated 21.04.2016 № 504-V (shall be enforced upon expiry of ten calendar days after the day its first official publication).

Chapter 2. STATE REGULATION IN THE SCOPE OF PROTECTION
OF CONSUMER RIGHTS

Article 3. State regulation in the scope of protection of consumer rights

      State regulation in the scope of protection of consumer rights shall be carried out in accordance with this Law, other Laws of the Republic of Kazakhstan, acts of the President of the Republic of Kazakhstan and regulations of the Government of the Republic of Kazakhstan.

      Footnote. Article 3 is in the wording of the Law of the Republic of Kazakhstan dated 05.07.2011 No. 452-IV (shall be enforced from 13.10.2011).

Article 4. Competence of the Government of the Republic of Kazakhstan in the scope of protection of consumer rights

      The Government of the Republic of Kazakhstan shall:

      1) develop principal directions of the state policy in the scope of protection of consumer rights;

      1-1) considers the issues of consumer protection in meetings at least twice a year;

      1-2) sends an annual report on the state of consumers' rights protection to the President of the Republic of Kazakhstan annually, no later than June 1st;

      2) perform other functions imposed on it by the Constitution, this Law, other Laws of the Republic of Kazakhstan and acts of the President of the Republic of Kazakhstan.

      Footnote. Article 4 as amended by the Law of the Republic of Kazakhstan dated 05.07.2011 No. 452-IV (shall be enforced from 13.10.2011); dated 21.04.2016 № 504-V (shall be enforced upon expiry of ten calendar days after the day its first official publication).

Article 5. Competence of the authorized body

      The authorized body shall:

      1) ensure the implementation of state policy in the field of consumers’ rights protection;

      2) submit proposals to the Government of the Republic of Kazakhstan on the main areas of state policy in the field of consumers’ rights protection;

      3) carry out intersectoral coordination of the state bodies activities on ensuring the implementation of state policy in the field of consumers’ rights protection;

      4) develop and approve regulatory legal acts in the field of consumer protection;

      5) conduct a semi-annual, annual analysis of consumers complaints and an annual analysis of the state bodies activities on the issues of consumers’ rights protection;

      6) make a proposal (recommendation) to the state bodies on the cancellation of decisions taken by them in violation of this Law and other regulatory legal acts in the field of consumers’ rights protection;

      7) inform, consult and educate consumers;

      8) initiate and review cases of administrative offenses;

      9) exercise state control over compliance with the requirements established by technical regulations;

      10) apply to the court for the protection of the rights of an undetermined number of consumers in cases of violation the rights of more than ten consumers on the same issue;

      11) send an annual report on the state of protection of consumers' rights to the Government of the Republic of Kazakhstan annually, no later than May 1st;

      12) participate in drafting international treaties on consumer protection;

      13) carry out formation and implementation of the state social order for researching, informational and educational work and consulting assistance to the population on the issues of consumers’ rights protection;

      14) exercise other powers provided by laws of the Republic of Kazakhstan, acts of the President of the Republic of Kazakhstan and the Government of the Republic of Kazakhstan.

      Footnote. Article 5 in the new wording of the Law of the Republic of Kazakhstan dated 21.04.2016 № 504-V (shall be enforced upon expiry of ten calendar days after the day its first official publication).

Article 6. Competence of state bodies

      State bodies within their competence shall:

      1) consider appeals of individuals or legal entities in the field of consumers’ rights protection;

      2) apply measures of responsibility to violators of the legislation of the Republic of Kazakhstan on protection of consumers' rights;

      3) exercise control over compliance with the legislation of the Republic of Kazakhstan on the protection of consumers' rights;

      4) inform, consult and educate consumers;

      5) inform consumers about goods (works, services) that pose a risk to their health and safety;

      6) submit to the authorized body no later than March 1st of the year following the reporting year an annual and no later than September 1st of the current year semi-annual information on complaints received about violations of consumers’ rights and activities in the field of consumers’ rights protection;

      7) apply to the court for the protection of rights of an undetermined number of consumers in cases of more than ten consumers’ rights violation on the same issue;

      8) annually publish in the mass media statistical data on complaints received about violations of consumers' rights, the results of their consideration and information on activities in the field of consumer protection;

      9) analyze the legislation of the Republic of Kazakhstan on the need for its improvement on the protection of consumers' rights and, as a result, develop draft normative legal acts;

      10) exercise other powers provided by laws of the Republic of Kazakhstan, acts of the President of the Republic of Kazakhstan and the Government of the Republic of Kazakhstan.

      Footnote. Article 6 in the new wording of the Law of the Republic of Kazakhstan dated 21.04.2016 № 504-V (shall be enforced upon expiry of ten calendar days after the day its first official publication).

Article 6-1. Organization and procedure for exercising state control over compliance with the requirements established by technical regulations

      The state control over compliance with the requirements established by technical regulations shall be carried out in accordance with the Entrepreneurial Code of the Republic of Kazakhstan.

      Footnote. Chapter 2 is supplemented by Article 6-1 in accordance with the Law of the Republic of Kazakhstan dated 21.04.2016 № 504-V (shall be enforced upon expiry of ten calendar days after the day its first official publication).

Chapter 3. CONSUMER RIGHTS AND THEIR PROTECTION

Article 7. Consumer rights

      Consumers shall have the right to:

      1) free conclusion of contracts for acquisition of goods (performance of works and rendering of services);

      2) education in the field of consumers’ rights protection;

      3) receipt of information on goods (work, service), as well as on a seller (producer, executor);

      4) acquisition of safe goods (work, service);

      5) free choice of goods (work, service);

      6) proper quality of goods (work, service);

      7) exchange or return of goods of proper and improper quality;

      8) compensation of losses (harm) in a full measure inflicted to their lives, health and (or) property due to defects of goods (work, service);

      9) receipt of a document from a seller (producer, executor) confirming the fact of acquisition of goods (performance of work, rendering of a service);

      10) submission of a claim to an initiator (organizer) of games on quality of goods (work, service) transferred (performed, rendered) in the form of winning;

      11) creation of public associations of consumers;

      12) compensation for moral damage;

      13) protection of rights and legal interests;

      14) carrying out of other rights provided by this Law and other Laws of the Republic of Kazakhstan.

      Footnote. Article 7 as amended by the Law of the Republic of Kazakhstan dated 21.04.2016 № 504-V (shall be enforced upon expiry of ten calendar days after the day its first official publication).

Article 8. Right to free conclusion of contracts for acquisition of goods (performance of works and rendering of services)

      Consumer shall have the right of free conclusion of contracts for acquisition of goods (performance of works and rendering of services).

      Compulsion of a consumer to conclude the contracts for acquisition of goods (performance of works and rendering of services) shall not be allowed.

Article 8-1. Conditions that violate consumers’ rights when concluding an agreement

      1. The seller (executor, manufacturer) should not include in the agreement with the consumer conditions that violate and (or) infringe upon the rights of the consumer.

      2. Conditions that violate and (or) infringe upon the rights of consumers when concluding an agreement:

      1) release or unreasonable limitation of the liability of the seller (executor, manufacturer) in the event of damage to the life, health and (or) property of the consumer;

      2) exclusion or restriction of the rights of the consumer in the event of full or partial non-fulfillment or inadequate fulfillment by the seller (executor, manufacturer) of their contractual obligations;

      3) establishment of the duties of the consumer on reimbursable goods (works, services) imposed additionally by a seller (performer, manufacturer);

      4) establishment of a demand for payment by a consumer of a disproportionately large amount (over thirty percent of the cost of goods, services, works) in the event of failure to fulfill its obligations under the agreement;

      5) giving the seller (executor, manufacturer) the right to unilaterally change and (or) dissolve the agreement without the compliance with the norms of the Civil Code of the Republic of Kazakhstan on the grounds and procedure for changing and terminating the agreement;

      6) granting to the seller (executor, manufacturer) the right not to return the paid sum of money for the unsuccessful goods (services, works) in case of termination of the agreement;

      7) giving the seller (executor, manufacturer) the opportunity to increase the price without giving the consumer the right to terminate the agreement;

      8) giving the seller (executor, manufacturer) the right to determine the conformity of the goods to the terms of the agreement or granting him the right to interpret the agreement;

      9) limitation of the seller’s liability (executor’s, manufacturer’s) for obligations assumed by its representatives;

      10) establishing the duty of the consumer to fulfill all obligations in the event that the seller (executor, manufacturer) does not fulfill its obligations;

      11) giving the seller (executor, manufacturer) the right to transfer their rights and obligations under the agreement to a third party without compliance with the norms of the Civil Code of the Republic of Kazakhstan on the change of persons in the obligation;

      12) other conditions that violate and (or) infringe upon the rights and legitimate interests of consumers.

      3. If, as a result of application of the agreement terms that violate and (or) infringe upon the rights of the consumer, the consumer is damaged, they must be reimbursed in full by the guilty person.

      4. The consumer shall have the right for compensation damages caused to him by the seller (executor, manufacturer) in connection with the use of the advantages of his position by the latter.

      5. Any agreement concluded between the seller (executor, manufacturer) and the consumer on the sale of goods, performance of work, provision of services must contain clearly formulated and avoiding double interpretation conditions, which does not require special knowledge for their understanding.

      Footnote. Chapter 3 is supplemented by Article 8-1 in accordance with the Law of the Republic of Kazakhstan dated 21.04.2016 № 504-V (shall be enforced upon expiry of ten calendar days after the day its first official publication).

Article 9. The right of consumers to education in the field of consumer protection

      The right of consumers to education in the field of consumer protection shall be ensured by including relevant requirements in state compulsory education standards and educational programs, as well as by organizing a system for informing consumers about their rights and necessary actions to protect these rights.

      Footnote. Article 9 in the new wording of the Law of the Republic of Kazakhstan dated 21.04.2016 № 504-V (shall be enforced upon expiry of ten calendar days after the day its first official publication).

Article 10. Consumer right for receipt of information on goods (work, service), as well as on a seller (producer, executor)

      1. Consumer shall have the right to receive full, trustworthy and well-timed information on goods (work, service), as well as on a seller (producer, executor) in accordance with Article 25 of this Law.

      2. If provision of incomplete, untrustworthy and untimely information on goods (work, service), as well as on a seller (producer, executor) entails:

      acquisition of goods (work, service) that do not have the properties required to a consumer, he (she) shall have the right to dissolve the contract and claim compensation of losses inflicted to him (her);

      impossibility to use of acquired goods (work, service) for its intended purpose, the consumer shall have the right to claim provision of proper information within three calendar days from the date of acquisition of goods (performance of work, rendering of a service). If information is not provided within mentioned term, the consumer shall have the right to dissolve the contract and claim compensation of losses inflicted to him (her);

      infliction of harm to life, health and (or) property of a consumer, he (she) shall have the right to submit a request to a seller (producer, executor) provided by Articles 16 and 31 of this Law.

Article 11. The right of consumers to purchase safe goods (work, services)

      The consumer shall have the right to ensure that the goods (work, service) under the established conditions of its use, storage, transportation and disposal are safe for life, health and (or) property of the consumer, the environment. Requirements that must ensure the safety of goods (work, services) shall be mandatory and established in accordance with the legislation of the Republic of Kazakhstan in the field of technical regulation.

      Footnote. Article 11 in the new wording of the Law of the Republic of Kazakhstan dated 29.10.2015 № 376-V (shall be enforced from 01.01.2016).

Article 12. Consumer rights to free choice of goods (work, service)

      Consumer shall have the right to free choice of goods (work, service) not seized from civil turnover or not restricted in a turnover, at a time which is convenient to him (her) considering the work regime of a seller (producer, executor).

Article 13. Consumer rights to proper quality of goods (work, service)

      1. If there are compulsory requirements to a quality of goods (work, service) provided in the manner established by the legislation of the Republic of Kazakhstan, the consumer shall have the right to receive the goods (work, service) being relevant to these requirements.

      2. Consumer shall have the right to check the quality, completeness, weight, volume, quantity, sizes of acquired goods (work, service), to conduct of checking the properties in his (her) presence or demonstration of correct and safe use of goods, if this is not excluded in view of a character of the goods.

      3. If the consumer informed a seller (executor) on particular purposes of acquisition of goods (performance of work, rendering of a service) upon conclusion of a contract, he (she) shall have the right to receive the goods (work, service) of proper quality suitable for use in accordance with these purposes.

      4. Upon sale of goods by sample and (or) description, the consumer shall have the right to receive goods that conform to the sample and (or) description.

Article 14. Consumer rights to exchange or return of goods of proper quality

      1. The buyer shall have the right to exchange the purchased goods at the place of purchase or other places declared by the seller (manufacturer) to a similar product of a different size, shape, style, coloring, bundling and etc. or to another product by the parties agreement, having made in the event of a difference in price the necessary recalculation with the seller.

      Exchange shall be made in accordance with Article 30 of this Law.

      2. In the absence of necessary goods for exchange at a seller (producer), the customer shall have the right to return the purchased goods to a seller (producer) and receive a sum of money paid for them.

      3. Place of exchange or return of goods is a place of purchasing the goods, unless otherwise provided by the contract.

      Footnote. Article 14 as amended by the Law of the Republic of Kazakhstan dated 21.04.2016 № 504-V (shall be enforced upon expiry of ten calendar days after the day its first official publication).

Article 15. Consumer rights in case of selling goods of improper quality

      1. Consumer to whom the goods of improper quality are sold, if their defects were not specified by a seller, shall have the right to claim at own choice:

      1) proportioned decrease of a purchase price;

      2) gratuitous removal of defects of goods.

      In case when a seller of goods of improper quality is not their producer, the requirements mentioned in subparagraphs 2), 4) and 5) of this paragraph may be submitted to the seller or producer at the choice of the customer;

      3) compensation of own expenses for removal of defects of goods;

      4) exchange to the goods of the same brand (model, article);

      5) exchange to the same goods of other brand (model, article) with the relevant recalculation of purchase price;

      6) dissolution of contract and return of a sum of money paid for goods.

      Right to compensation of inflicted losses shall be remained on a consumer independently from the requirement chose by him (her) mentioned in subparagraphs 1) – 6) of a part one of this paragraph.

      2. Consumer shall have the right to submit the requirements mentioned in paragraph 1 of this Article at the place of purchasing the goods, unless otherwise provided by the contract.

      3. Consumer shall have the right to submit requirements established by paragraph 1 of this Article, upon condition that they are detected within the terms established by this Law.

Article 16. Consumer right to compensation of losses (harm) inflicted to their lives, health and (or) property in a full measure due to defects of goods (work, service)

      1. Consumer shall have the right to compensation of losses (harm) inflicted to his (her) life, health and (or) property due to design, prescribed or other defects of goods (work, service) in a full measure.

      2. Right to claim compensation of losses (harm) inflicted due to defects of goods (work, service) shall be recognized for any consumer independently from a guilty of a seller (producer, executor) and from that if he (she) is in contractual relations with him (her) or not.

Article 17. Terms of submitting requirements by a consumer in respect of defects of goods

      1. In respect of goods to which the shelf life is established, the consumer shall have the right to submit requirements on defects of the goods, if they are detected within the shelf life of the goods.

      2. If the guarantee period is established for the goods, the consumer shall have the right to present claims related to the defects of the goods, if there are ones in the goods during the warranty period.

      The guarantee period shall begin from the moment of transfer of the goods to the buyer, unless otherwise provided by the agreement.

      If the product is not subject to a guarantee period or expiration date, the requirements related to defects in the goods may be presented by the consumer provided that the defects in the goods sold were discovered within two years from the date of delivery of the goods to the consumer if longer periods are not established by the legislation of the Republic Kazakhstan or the agreement.

      In cases when the guarantee period provided by the agreement is less than two years and the defects in the goods were discovered by the consumer after the guarantee period, but within two years from the date of transfer of the goods to the consumer, the seller (manufacturer) shall be liable if the consumer proves that the goods' defects arose before the transfer of goods to the consumer or for the reasons that arose before that moment.

      Unless otherwise provided by the agreement, the guarantee period for the component product shall be considered equal to the guarantee period for the main product and shall begin to expire simultaneously with the guarantee period for the main product.

      When replacing the goods (component parts), the guarantee period shall be recalculated, unless otherwise stipulated by the agreement.

      In the case when the component product and the component part of the goods in the agreement have a guarantee period of shorter duration than the guarantee period for the main product, the consumer shall have the right to make claims about the defects of the component product and the component part of the goods if they are found during the guarantee period for the main product.

      If a guarantee period of the component product has a longer period of time than the guarantee period for the main product established in the contract, the consumer shall have the right to make claims about the defects of the goods, if the defects in the component are found during the guarantee period for it, regardless of the expiration of the guarantee period for the main product.

      When selling goods by samples, by mail, by electronic commerce, and also in cases where the moment of concluding the agreement of sale and the moment of transfer of the goods to the consumer do not coincide, the guarantee period or the time period for revealing the defects of the goods is calculated from the date of transfer (delivery) of the goods to the consumer, and if the product needs a special installation (connection) or assembly, - from the day of its installation (connection) or assembly. If the consumer is deprived of the opportunity to use the goods in circumstances that depend on the seller (manufacturer), the guarantee period or the deadline for revealing the defects of the goods shall not be calculated until the seller (the manufacturer) eliminates such circumstances. If the day of transfer (delivery), installation (connection) or assembly of goods, elimination of circumstances dependent on the seller, due to which the consumer cannot use the goods for their intended purpose, it is impossible to determine, this period shall be calculated from the date of conclusion the agreement of sale.

      If the date of transfer is impossible to establish, these terms shall be calculated from the date of the goods manufacture.

      If only the month and year or year of manufacture of the goods are indicated in the date of the goods manufacture, the day of its manufacture shall be the last day of the month or year, respectively.

      3. The terms specified in this article shall be communicated to the consumer in the information on the goods provided to the consumer in accordance with Article 25 of this Law.

      Footnote. Article 17 as amended by the Law of the Republic of Kazakhstan dated 21.04.2016 № 504-V (shall be enforced upon expiry of ten calendar days after the day its first official publication).

Article 18. Consumer right to receipt of a document from a seller (producer, executor) confirming the fact of acquisition of goods (performance of work, rendering of a service)

      Consumer shall have the right to receipt of a document from a seller (producer, executor) confirming the fact of acquisition of goods (performance of work, rendering of a service).

      The lack of a document confirming the fact of the purchase of goods does not deprive the consumer of the right to refer to testimony, as well as documents and other means of proof, including photo and / or video fixation, in support of the goods purchase.

      Footnote. Article 18 as amended by the Law of the Republic of Kazakhstan dated 21.04.2016 № 504-V (shall be enforced upon expiry of ten calendar days after the day its first official publication).

Article 19. Consumer right to submission of a claim to an initiator (organizer) of games on quality of goods (work, service) transferred (performed, rendered) in the form of winning

      Initiator (organizer) of games shall satisfy requirements of a consumer within twenty calendar days by referring to a seller (producer, executor) on removal of defects of goods (work, service), unless he (she) proves than defects of goods (work, service) occurred after their transfer (performance, rendering) to a consumer due to violation of the rules of using the goods by the consumer or its storage or actions of third parties or insuperable force.

Article 20. Consumer right for creation of public associations of consumers

      Consumers shall have the right to cooperate on voluntary grounds in public associations of consumers.

Article 21. Right to compensation of moral damage

      Moral damage inflicted to a consumer due to violation of his (her) rights and legal interests by a seller (producer, executor), provided by the legislation of the Republic of Kazakhstan on protection of consumer rights, shall be subject to compensation in existence of a guilty of the seller (producer, executor) in amount determined by the court, unless otherwise provided by the Laws of the Republic of Kazakhstan.

Article 22. Consumer right to protection of rights and legal interests

      Protection of rights and legitimate interests of consumers shall be carried out within the competence of the relevant state bodies, the court and arbitration.

      Consumer shall have the right to refer with a claim to a seller (producer, executor) of goods (work, service) on removal of violations of the rights and legal interests and compensation of losses (harm) inflicted due to these violations to the consumer in a voluntary manner.

      If within ten calendar days, the seller (producer, executor) did not give a respond to the claim or refused to remove violations and to compensate the inflicted losses (harm) in a voluntary manner, the consumer shall have the right to refer to the court.

      Footnote. Article 22 is in the wording of the Law of the Republic of Kazakhstan dated 17.11.2014 No. 254-V (shall be enforced upon expiry of ten calendar days after the date of its first official publication); as amended by the Law of the Republic of Kazakhstan dated dated 08.04.2016 № 489-V (shall be enforced upon expiry of ten calendar days after the day its first official publication).

Chapter 4. RIGHTS AND OBLIGATIONS OF A SELLER
(PRODUCER, EXECUTOR)

Article 23. Rights and obligations of the seller (manufacturer, executor) for establishing the guarantee period

      1. The manufacturer (executor) shall have the right to establish a guarantee period for the product (work, service), unless otherwise specified by the legislation of the Republic of Kazakhstan, during which in the event of a lack of goods (work, service), the manufacturer (executor) is obliged to satisfy the consumer's requirements established by this Law.

      2. The seller shall have the right to increase the guarantee period established by the manufacturer (executor), but shall have no right to reduce it.

      3. The seller (manufacturer, executor) shall be entitled to take obligations in respect of defects in the goods found after the guarantee period (additional obligation).

      The maintenance of the additional obligation of the manufacturer, the validity of such obligation and the procedure for the consumer to exercise the rights under such an obligation shall be determined by the seller (manufacturer, executor).

      4. The seller shall be obliged to fix the guarantee period for the product if the manufacturer (executor) has not performed the obligation to fix it or performed it improperly as prescribed by the legislation of the Republic of Kazakhstan.

      5. The guarantee obligation does not terminate if it is impossible to fulfill such an obligation because of the lack of materials, components or spare parts necessary for its implementation.

      Footnote. Article 23 in the new wording of the Law of the Republic of Kazakhstan dated 21.04.2016 № 504-V (shall be enforced upon expiry of ten calendar days after the day its first official publication).

Article 24. Obligations of a seller (producer, executor)

      Seller (producer, executor) shall be obliged to:

      1) Provide information on goods (work, service), as well as on a seller (producer, executor) in Kazakh and Russian languages;

      2) ensure safety of goods (work, service);

      3) ensure free choice of goods (work, service);

      4) ensure proper quality of goods (work, service);

      5) ensure exchange or return of goods of proper and improper quality;

      6) compensate losses (harm) inflicted to life, health and (or) property of a consumer in a full measure due to defects of goods (work, service);

      7) have cash register machines in the manner and in cases provided by the tax legislation of the Republic of Kazakhstan;

      8) place information in Kazakh and Russian languages at the location of cash register machines on necessity of obtaining a control (sales) receipt by a consumer and his (her) right to refer to the body of state revenues (with specification of a telephone number of the relevant body of state revenues) in case of violation of order of using cash register machines;

      9) ensure existence of a breast card (badge) of an individual immediately carrying out the activity on selling the goods (performance of works, rendering of services) with specification his (her) last name, first name and patronymic (when available) and compliance with sanitary rules and hygiene standards by him (her);

      10) issue a document confirming the fact of acquisition of goods (performance of work, rendering of a service) upon selling the goods (performance of work, rendering of a service);

      11) comply with stated work regime;

      12) perform other requirements provided by this Law and other Laws of the Republic of Kazakhstan.

      Seller (producer) shall be obliged to specify the cost of goods designed by a price tag, exhibited on internal and external shop windows of a commercial facility, as well as ensure conditions of storage of the goods.

      Producer (executor) shall be obliged to specify the cost of works and services in a written form.

      Producer shall be obliged to establish a shelf life, storage period of goods.

      The seller (manufacturer) shall be obliged to sell, and the consumer shall have the right to buy the goods according to the specified cost, issued by the label of prices, exhibited in the internal and (or) external windows of the commercial object.

      It is forbidden for the seller (manufacturer, executor), except in cases stipulated by the legislation of the Republic of Kazakhstan, to restrict the rights of consumers with regard to the use of photo and video recording.

      Footnote. Article 24 as amended by the Law of the Republic of Kazakhstan dated 07.11.2014 No. 248-V (shall be enforced upon expiry of ten calendar days after the date of its first official publication); dated 21.04.2016 № 504-V (shall be enforced upon expiry of ten calendar days after the day its first official publication).

Article 25. Obligation of a seller (producer, executor) on provision of information on goods (work, service)

      1. Information on goods (work, service) shall contain compulsorily:

      1) name of goods (work, service);

      2) types and special aspects of suggested works (services);

      3) conformity mark in case if the goods (work, service) is subject to confirmation procedure of conformance to requirements established by the technical regulations, standards and other documents;

      4) details on main consumer properties of goods (work, service), on food, biological and energy value of a product, as well as details on contraindications for their use upon separate diseases in cases and in the manner provided by the legislation of the Republic of Kazakhstan;

      4-1) information on attribution of products to organic products, if it is such in accordance with the requirements of the legislation of the Republic of Kazakhstan;

      5) composition of goods, in respect of food products – details on composition, as well as on existence and quantity of food supplements, feed and feed supplements, biologically active supplements to food;

      6) details on existence of components in food products consisting of (or) received with the use of genetically modified organisms, in case if their content in such component is 0,9 and more percent. By this, the words “These product contains genetically modified organisms” shall be stated as a separate sentence, for packed products – on a label, for non-packed products – on marking about the product;

      7) trade mark of a producer;

      8) origin country of goods;

      9) cost and conditions of acquisition of goods (work, service);

      10) existence or absence of a guarantee period;

      11) recommendations on preparation of food products, if it is required from the specification of the goods;

      12) date and place of production, period of service and (or) shelf life, and (or) storage life of goods, instruction of conditions of storing the goods if they differ from usual conditions of storage of the relevant goods or require special storage conditions, as well as details on necessary actions of a consumer upon expiry of mentioned terms and possible consequences upon non-performance of such actions, if the goods represent danger to life, health and (or) property of the consumer and environment upon expiry of the mentioned terms and become unsuitable for use for their intended purpose;

      13) name (firm name), location (legal address) of a seller (producer, executor), location of an individual entrepreneur or legal entity (its branch, representation) authorized by the seller (producer) for acceptance of claims from a consumer and performing repair and maintenance support of goods;

      14) reference to a particular person that will perform work (render a service) and information about him (her), if it is of importance proceeding from the character of work (service);

      15) reference to use phonograms, audiovisual record upon rendering of entertainment services by music performers;

      16) size of weight (net), volume, quantity and (or) completeness of goods (work, service);

      17) details on purpose and on conditions of effective and safe use of goods, as well as other details that in accordance with the Laws of the Republic of Kazakhstan are compulsory for representing to a consumer or are provided by the contract concluded between the consumer and seller (producer, executor).

      If the goods acquired by a consumer were in use or defect in there was removed, the consumer shall be provided by information about this. In case of acquisition of such goods, the details on existence of a defect shall be specified in a document confirming the fact of acquisition.

      2. The seller (manufacturer) shall be obliged to report timely about non-food goods of the proper quality that cannot be exchanged or returned in accordance with paragraph 1 of Article 30 of this Law.

      Information on the goods sold through electronic commerce shall be communicated to the consumer through information technology.

      3. Information provided by paragraphs 1 and 2 of this Article shall be brought to notice of a consumer in Kazakh and Russian languages in a documentation attached to goods (work, service) on a consumer packaging, tags or by other methods accepted for separate types of goods (works, services).

      4. Food products and other goods filled and packed in a consumer packaging not at a place of their production, except for information mentioned in paragraph 1 of this Article shall contain information on a filler and packer (last name, first name and patronymic (when available), as well as date and time of filling and packing.

      5. The seller shall not be exempted from liability in the event that he does not receive the relevant information about the product from the manufacturer.

      6. The consumer must be provided with certificates of conformity or a declaration of conformity, including an imported goods, subject to mandatory confirmation of compliance.

      7. Information provided in one language or in a foreign language shall be considered as not provided.

      Footnote. Article 25 as amended by the Laws of the Republic of Kazakhstan dated 27.11.2015 № 424-V (shall be enforced upon expiry of six months after the day its first official publication); dated 21.04.2016 № 504-V (shall be enforced upon expiry of ten calendar days after the day its first official publication).

Article 26. Obligations of a seller (producer, executor) on provision of information on the seller (producer, executor)

      1. Seller (producer, executor) shall be obliged to bring to notice his (her) name (firm name), location (legal address) and work regime in Kazakh and Russian languages placing mentioned information on a sign.

      Seller (producer, executor) that is an individual entrepreneur shall also provide information to a consumer on own last name, first name, patronymic (when available), as well as on state registration and name of a body carrying out his (her) registration as an individual entrepreneur.

      2. If the type of activity that is carried out by a seller (producer, executor) is subject to licensing, the consumer shall be provided by information on a license, its validity term, state body that issued it, in Kazakh and Russian languages, as well as by a possibility of familiarizing with origin or notarized copy of the license upon request of the consumer.

      3. Information provided by paragraphs 1 and 2 of this Article shall be also brought to notice of a consumer upon carrying out of trading, domestic and other types of servicing of consumers outside permanent location of a seller (producer, executor) in temporary premises, at exhibitions, from trays and in other cases.

      4. The seller (manufacturer, executor) shall be obliged to communicate to the consumer the address and phone number of the authorized body, the conditions for the sale of goods (works, services), as well as information on the seller's obligation while selling the goods (work, service) to issue a document confirming the fact of the goods purchase (performance of work, rendering of service) by posting the indicated information on the signboard in Kazakh and Russian languages.

      Footnote. Article 26 as amended by the Law of the Republic of Kazakhstan dated 21.04.2016 № 504-V (shall be enforced upon expiry of ten calendar days after the day its first official publication).

Article 27. Obligations of a seller (producer, executor) on safety ensuring of goods (work, service)

      1. Seller (producer) shall be obliged to answer for safety of goods within established storage life or shelf life of goods.

      2. Seller (producer, executor) shall be obliged to inform a consumer on a possible risk and on conditions of safety use of goods (work, service). By this, if it is necessary to comply with special rules for safety use of goods (work, service), their storage, transportation or utilization, the producer (executor) shall be obliged to specify them in a documentation attached to the goods (work, service), on a consumer packing, tags or by other methods accepted for separate types of goods (work, service).

      3. Sale of goods subjected to compulsory confirmation of conformity, as well as imported goods without the relevant conformity certificates or declaration of conformity shall not be allowed.

      4. If upon compliance of a consumer with established rules of use, storage, transportation or utilization of goods, he (she) inflicts or may inflict a harm to life, health and (or) property of the consumer, environment, the seller (producer) shall be obliged to suspend its production immediately until removal of the reasons of the harm. If the reasons of harm are impossible to remove, the seller (producer) shall be obliged to withdraw such goods from production (sale) and inform immediately the relevant state bodies about this, take all necessary measures on well-timed informing of a consumer through mass media on a possible danger for his (her) life, health and (or) property, environment, withdrawal of goods from turnover and revocation from the consumer.

      Informing a consumer through mass media on goods representing a danger for his (her) life, health and (or) property, environment shall be carried out on account of funds of a seller (producer).

      5. Upon non-performance of obligations provided by paragraph 4 of this Article by a seller (producer), the withdrawal of goods from production, their withdrawal from turnover and revocation from a consumer shall be made upon prescription of the relevant state body. Non-performance of the prescription of the relevant state body shall entail responsibility established by the Laws of the Republic of Kazakhstan.

      Losses inflicted to a consumer due to revocation of goods shall be subject to compensation by a seller (producer) in a full measure.

Article 28. Obligations of a seller (producer, executor) on ensuring of free choice of goods (work, service)

      1. The seller (manufacturer, executor) shall be obliged to provide the consumer with a free choice of goods (work, services) of proper quality at a convenient time for the consumer, taking into account the mode of operation of the seller (manufacturer, performer). It is forbidden to force the consumer to purchase goods (work, service) in unnecessary quantity and (or) assortment.

      2. Seller shall use the measuring means admitted for use in the territory of the Republic of Kazakhstan in accordance with the legislation of the Republic of Kazakhstan on ensuring the uniformity of measurements upon sale of goods.

      3. In cases of occurrence of doubts of weight, quantity, length and other characteristics of goods (work) of a consumer, the seller (producer) shall be obliged to provide a possibility to check mentioned characteristics on an individual basis with help of means of measurement admitted to use in the territory of the Republic of Kazakhstan in accordance with the legislation of the Republic of Kazakhstan on ensuring the uniformity of measurements.

      4. Establishment of any advantages, direct or indirect restrictions upon choice of goods (work, service) shall not be allowed, with the exception of cases provided by the Laws of the Republic of Kazakhstan.

      Footnote. Article 28 as amended by the Law of the Republic of Kazakhstan dated 21.04.2016 № 504-V (shall be enforced upon expiry of ten calendar days after the day its first official publication).

Article 29. Obligations of a seller (producer, executor) on ensuring of proper quality of goods (work, service)

      1. If the contract provides compulsory requirements to the quality of goods (work, service), the seller (producer, executor) shall be obliged to transfer the goods (perform work, render a service) to a consumer.

      2. Seller (producer, executor) shall be obliged to demonstrate properties of goods (work, service) and its use, if it is not excluded due to character of goods (work, service) and transfer the goods (perform work, render a service) to a consumer, the quality of which conform to provided information on goods (performed work, rendered service) and conditions of the contract, as well as to provide the documents confirming quality and safety of goods (work, service) and their completeness to the consumer upon his (her) request.

      3. In the absence of conditions on quality of goods (work, service) in the contract, the seller (producer, executor) shall be obliged to transfer the goods (perform work, render a service) to a consumer, conforming to requirements established by the legislation of the Republic of Kazakhstan and suitable for the purposes for which the goods (work, service) of such type are used.

      4. If a seller (producer, executor) was noticed by a consumer on particular purposes of acquisition of goods (performance of work, rendering of a service), the seller (producer, executor) shall be obliged to transfer the goods (perform work, render a service) of proper quality to the consumer, suitable for use in accordance with these purposes.

      5. Upon sale of goods by sample and (or) description, the seller shall be obliged to transfer goods to a consumer that conform the sample and (or) description.

Article 30. Obligation of a seller (producer) upon selling goods of proper and improper quality

      1. Seller (producer) shall be obliged to ensure exchange or return of non-food goods of proper quality, if they were not in use, if their marketable condition, consumer attributes, stamps, labels, as well as the document confirming the fact of acquisition of the goods are preserved, within fourteen calendar days, if the longer term is not established by the contract, from the date of acquisition of the goods, with the exception of:

      1) medical products, medical accessories;

      2) underwear;

      3) legwear garment;

      4) animals and plants;

      5) метражных goods, specifically tissues made of fibers of all the types, knit and curtain fabric, fur fabric, carpet goods, nonwoven fabrics, bands, laces, ribbons, wires, cords, cables, linoleum, mould, film, buckram.

      In case if a document confirming the fact of acquisition of goods was lost or was not issued by any reasons to a consumer, the exchange or return of goods shall be made, if the consumer proves the fact of purchase from this seller (producer).

      1-1. The seller (manufacturer) must ensure the exchange or return of goods sold with expired expiration date that does not meet the requirements established by technical regulations, product normative regulations, including those issued with violation of intellectual property rights, regardless of its use, preservation of presentation, consumer properties, seals, labels within thirty calendar days from the date of purchase of the goods with return of a monetary sum for the purchased goods to the consumer.

      2. In the event that the consumer discovers defects in the goods and demands it to be replaced, the seller (manufacturer) must replace it immediately and, if necessary, to carry out an additional examination (expertise) of the goods quality by the seller (manufacturer) within thirty calendar days from the date of the claim.

      The goods of inadequate quality should be replaced by a new similar product, that is, for a product that was not in use.

      If the seller (manufacturer) at the time of presentation a claim does not have the necessary goods for replacement, the replacement must be made within ten calendar days from the date of such claim.

      The cost of additional examination (expertise) of the quality of goods shall be paid by the seller (manufacturer). If as a result of examination (expertise) of the goods it is established that the defects of the goods are absent or have arisen after the transfer of the goods to the consumer as a result of violation of the established rules for the use, storage or actions of third parties or force majeure, the consumer is obliged to reimburse the seller (the manufacturer) costs for examination (expertise), as well as costs associated with the goods transporting.

      The consumer shall have the right to take part in the quality control and examination of the goods in person or through his representative, as well as to conduct an examination (expertise) of the goods at his own expense.

      When replacing a product (component product), the guarantee period shall be recalculated from the date of transferring it to the consumer, unless otherwise provided by the agreement.

      3. With the consumer's consent, the defects discovered in the goods must be eliminated by the seller (manufacturer) within ten calendar days from the moment of presentation of the relevant claim, unless another term is established by the agreement.

      The deadline for elimination of defects in goods, as determined by the agreement, cannot exceed twenty calendar days. In case if during elimination of defects found in the goods it becomes obvious that they will not be eliminated in time, the parties may conclude an additional agreement on extending the deadline for eliminating the defects of the goods for ten calendar days. In this case, the lack of spare parts (details, materials), equipment, specialist and other necessary to eliminate defects in the goods is not a reason for exempting the manufacturer (seller) from the liability on violation the deadline for eliminating defects in the goods.

      In case of elimination defects in the goods, the guarantee period shall be extended for the period during which the goods were not used. The specified time shall be calculated from the day of the consumer's claim with the requirement to eliminate the defects until the fulfillment of the consumer's claim.

      When issuing the goods, the manufacturer (seller) shall be obliged to provide the consumer with information on the extension of the guarantee period in written form.

      4. In respect of goods to which the guarantee period is not established by a seller (producer), or in case and manner provided by an item four of paragraph 2 of Article 17 of this Law, the seller (producer) shall answer for defects of the goods, if a consumer proves than they occurred before their transferring to the consumer or by the reasons that occurred before this moment.

      Seller (producer) shall answer for defects of sold (produced) goods when he (she) did not know about them. Agreement on release of a seller (producer) from responsibility or on its restriction shall not be valid.

      5. In respect of goods to which the guarantee period is established by a seller (producer), the seller (producer) shall be obliged to satisfy requirements of a consumer, unless he (she) proves that defects of the goods occurred after their transfer to a consumer due to violation of the rules of using the goods by the consumer or their storage or actions of third persons or insuperable force.

      6. For delay of performing requirements of a consumer, the seller (producer) that admitted such violations shall pay a penalty to a consumer in amount of one percent of the cost of goods for each day of the delay, unless otherwise established by the Laws of the Republic of Kazakhstan.

      7. Upon return of a sum of money paid for goods to a consumer, the seller (producer) shall not have the right to detain the sum from it to which the cost of the goods is decreased due to full or partial use of the goods, loss of marketable condition or other similar circumstances.

      Upon exchange of goods with defects for the goods of the same brand (model, article), the recalculation of a price shall not be made.

      Upon dissolution of the contract, the calculations with a consumer shall be made in case of increase of a price of goods proceeding from their price for the date of dissolution of the contract, and in case of decrease of the price – proceeding from the price of the goods for the date of purchase.

      Upon exchange of goods with defects for the goods of another brand (model, article) in case, if the price of the goods subjected to exchange is lower than the price of the goods represented in exchange, the consumer shall pay the price difference. In case of refusal of a consumer from supplemental payment, the parties shall dissolve the contract and the sum of money paid for purchased goods shall be returned to the consumer. In case when the price of the goods subjected to exchange is higher than the price of the goods represented in exchange, the price difference shall be paid to a consumer. In mentioned calculations, in case of increase of the price of the goods subjected to exchange, their price shall be applied for the date of submitting requirement, in case of decrease of price – for the date of purchase.

      8. Seller (producer) shall be obliged to compensate expenses to a consumer linked with delivery and (or) return of goods of improper quality.

      9. Form of payment of acquiring goods shall be determined under agreement between a consumer and a seller (producer) in the manner established by the Laws of the Republic of Kazakhstan.

      Footnote. Article 30 as amended by the Law of the Republic of Kazakhstan dated 29.12.2014 No. 269-V (shall be enforced from 01.01.2015); dated 21.04.2016 № 504-V (shall be enforced upon expiry of ten calendar days after the day its first official publication).

Article 31. Obligations of a seller (producer, executor) on compensation of losses (harm) in a full measure inflicted to life, health and (or) property of a consumer due to defects of goods (work, service)

      1. Seller (producer, executor) shall be obliged to compensate harm inflicted to life, health and (or) property of a consumer in a full measure due to design, prescribed or other defects of goods (work, service) or due to incomplete, inaccurate or untimely information on goods (work, service), as well as to give a respond to the consumer within ten calendar days from the date of submission of requirement on compensation of harm or to take the relevant measures for satisfying requirements of the consumer.

      Inflicted harm shall be subject to compensation by a seller (producer, executor) independently from his (her) guilty and if the consumer is in contractual relations with him (her) or not.

      2. In case of confirming the fact of defect of goods (work, service), the seller (producer, executor) shall be obliged to compensate expenses inflicted by a consumer, public association of consumers, association (union) in a full measure linked with conduct of examination of the goods (work, service).

      3. Harm caused by defects of goods and violation of safety standards of goods shall be subject to compensation, if it is inflicted within the established shelf life (period of service) of the goods, and if the shelf life (period of service) is not established – within ten years from the date of production of the goods.

      Harm inflicted due to defects of goods shall be subject to compensation at the choice of a consumer by a seller or producer of the goods.

      Harm inflicted due to defects of work or service shall be subject to compensation by their executor.

      4. In connection with the use of materials, equipment, tools and other means in the production of goods (performance of work, provision of services), regardless of whether the level of scientific and technical knowledge of the manufacturer (performer) allowed to reveal their special properties and characteristics, the harm caused by shortcomings of the goods (work, services), is subject to reimbursement.

      5. The seller (manufacturer, executor) shall be responsible for harm caused to life, health and (or) property of the consumer, also if the goods are provided, sold, and the service is provided free of charge or at a reduced price.

      6. The seller (manufacturer, executor) shall be released from liability when presenting evidence that the harm was caused due to actions of third parties or force majeure or violation by the consumer of established rules of use, storage of goods (work, services).

      Footnote. Article 31 as amended by the Law of the Republic of Kazakhstan dated 21.04.2016 № 504-V (shall be enforced upon expiry of ten calendar days after the day its first official publication).

Article 32. Obligations of a producer (executor) on establishment of shelf life, storage life and period of service of goods

      1. The manufacturer shall be obliged to establish an expiration date and (or) shelf life in accordance with the legislation of the Republic of Kazakhstan in the field of technical regulation for the goods which consumer properties may deteriorate over time.

      2. Seller (producer) shall be obliged to transfer the goods to which the shelf life and (or) storage life are established to a consumer with a such evaluation that they could be used for their intended purpose before expiration of the shelf life and (or) storage life.

      3. Shelf life of goods shall begin from the date from production of the goods. If the date of production and date of readiness to be used do not coincide, the shelf life of the goods shall begin from the date of readiness to be used about which the consumer shall be informed. Sale of goods upon expiration of established shelf life and (or) storage life, as well as goods to which the shelf life and (or) storage life should be established, but they are not established, shall be prohibited.

      4. Period of service shall be established to the goods, the use of which over determined term is hazardous for life, health and (or) property of a consumer, environment.

      5. The manufacturer (executor) shall warn the consumer about the established period of use (the period of validity, service) of the goods (the result of works, services) or its part, of obligatory conditions of its use and the possible consequences in case of their non-fulfillment, as well as of necessary actions upon termination of this term.

      Footnote. Article 32 as amended by the Laws of the Republic of Kazakhstan dated 29.10.2015 № 376-V (shall be enforced from 01.01.2016); dated 21.04.2016 № 504-V (shall be enforced upon expiry of ten calendar days after the day its first official publication).

Article 33. Obligation of a seller (producer, executor) to have a cash register machine and breast card

      1. Seller (producer, executor) shall be obliged to use cash register machine in the manner and in cases provided by tax legislation of the Republic of Kazakhstan.

      Seller (producer, executor) shall place information at location of the cash register machine in Kazakh and Russian languages on necessity of receiving a control (sales) receipt and his (her) right to refer to the body of the state revenues in case of violation of order of using the cash register machine.

      2. Seller shall ensure existence of a breast card (badge) at an individual immediately carrying out the activity on selling the goods (performance of work, rendering of a service) with specification of his (her) last name, first name and patronymic (when available) and photo.

      Footnote. Article 33 as amended by the Law of the Republic of Kazakhstan dated 07.11.2014 No. 248-V (shall be enforced upon expiry of ten calendar days after the date of its first official publication).

Chapter 5. PERFORMANCE OF WORK (RENDERING OF A SERVICE)

Article 34. Terms of performing the work (rendering of a service)

      1. Executor shall be obliged to perform work (render a service) in term established by the contract on performance of work (rendering of a service), unless otherwise established by the Laws of the Republic of Kazakhstan.

      2. The initial and final terms of performing work (rendering of a service) may be determined in the contract, as well as terms of completion of separate stages of work (interim terms).

      In case if the work (service) is performed (rendered) by parts (delivery of periodical press, maintenance support) within the validity term of the contract, the interim terms of performing work (rendering of a service) shall be provided.

      3. Initial, final and (or) interim terms of performing work (rendering of a service) mentioned in the contract may be changed under agreement of parties.

      4. If the executor violated terms of performing work (rendering of a service) – the terms of beginning and (or) completion of performing the work (rendering of a service) and (or) interim terms of performing work (rendering of a service) that its completion becomes impossible to be done in time, the consumer shall have the right to refuse from the contract and claim compensation of losses.

      If by the time of performance of work it becomes obvious that it will not be performed properly, the consumer shall have the right to appoint a new term for removal of defects and upon non-performance of this requirement within appointed term by an executor – to refuse from the contract or charge a third person to correct work on account of the executor, as well as to claim compensation of losses.

      Requirements of a consumer established by this paragraph shall not be subject to satisfaction, if the executor proves that delay of performing work (rendering of a service) occurred due to insuperable force or due to the fault of the consumer.

      5. New terms appointed by a consumer within which the executor shall begin to perform work (render a service) and complete it, shall be specified in the contract.

      In case of delay of new appointed terms more than ten calendar days, the consumer shall have the right to submit another requirements established by paragraph 4 of this Article.

      6. Upon dissolution of the contract in case of untimely performance of work (rendering of a service), the executor shall not have the right to require compensation of own expenses made in the process of performance of work (rendering of a service), as well as payment for the work (service) that is already performed (rendered).

Article 35. Consumer rights upon detection of defects in performed work (rendered service)

      1. Upon detection of defects in performed work (rendered service), the consumer shall have the right to claim at own choice:

      1) removal of defects in performed work (rendered service) without compensation;

      2) the relevant decrease of remuneration for performed work (rendered service);

      3) gratuitous production of another item from the same material of the same quality or repeated performance of work (rendering of service);

      4) compensation of own expenses for removal of defects when the right of a consumer to remove them is provided in the contract.

      2. Consumer shall have the right to dissolve the contract and claim compensation of losses, if defects in performed work (rendered service) were not removed by an executor within established term or if the deviations in work (service) from conditions of the contract or other defects of work (service) are essential and irremovable.

      3. Requirements established by paragraphs 1 and 2 of this Article may be submitted in case of detection of defects upon acceptance of work (service) or in the course of its performance (rendering) or use within the terms established by the Civil Code of the Republic of Kazakhstan, and in case of impossibility to detect the defects upon acceptance of work (service) within the guarantee period, in case of detection of hided defects – within one year, in respect of works linked with buildings and structures, as well as independently from the type of works – in respect of defects that were hided intentionally by the executor – within three years from the date of acceptance of works.

      Requirement on gratuitous removal of such defects of work (service) that may represent a hazard for life or health of the consumer himself (herself) and other persons may be submitted by the consumer or his (her) legal successor within three years from the date of acceptance of work (service).

      Such requirement may be submitted independently from when these defects were detected, as well as upon their detection upon completion of the guarantee period.

      4. Defects of work (service) detected in the course of its performance (rendering), and defects of performed work (rendered service) shall be removed within ten calendar days after the date of submission of the relevant requirement, unless otherwise established by the contract.

      The term of removing defects appointed by a consumer or coordinated by the parties shall be fixed in the contract.

      5. For violation of the terms of beginning and completion of performing work (rendering of a service), as well as for the violation of terms of removing defects of work (service), the executor shall be obliged to pay a penalty in amount of one percent of the costs of work (service) for each day of delay, unless otherwise established by the Laws of the Republic of Kazakhstan.

      6. In cases when the guarantee period provided by the agreement is less than two years (five years for a real estate) and the defects in the work (services) were discovered by the consumer after the guarantee period, but within two years (five years for a real estate), the consumer shall have the right to present the claim provided by paragraph 1 of this Article, if it proves that such defects arose before the acceptance of the result of work (service) or for reasons that arose before that moment.

      7. In case of revealing significant defects of work (service), the consumer shall have the right to present to the executor the claim for free elimination of defects, if he proves that the defects arose before he accepted the result of the work (service) or for reasons that arose before that moment. This claim may be presented if such defects are discovered after two years (five years in respect of a real estate) from the date of acceptance of the result of the work (service), but within the guarantee period established for the result of work (service) or within ten years from the date acceptance of the result of work (service) by the consumer, if the guarantee period is not established.

      Footnote. Article 35 as amended by the Law of the Republic of Kazakhstan dated 21.04.2016 № 504-V (shall be enforced upon expiry of ten calendar days after the day its first official publication).

Article 36. Estimation for performance of work (rendering of a service)

      1. Estimation may be developed for performance of works (rendering of services) provided by the contract.

      Development of estimation shall be compulsory if a consumer or executor insist on this.

      2. Executor shall not have the right to require payment of work (service) and additional expenses not included to the estimation, if the consumer did not give a consent to their performance or did not charge performance of such works (rendering of such services) to the executor.

      If there is necessity to exceed estimation, the executor shall be obliged to inform a consumer immediately about this. In this case, the consumer shall have the right to refuse from the contract compensating the expenses to an executor incurred for performed work (rendered service) according to the estimation.

      If the executor did not inform a consumer on exceeding of estimation, he (she) shall be obliged to perform work (render a service) without claiming the compensation of expenses over the estimation.

      3. In case of significant increase after the conclusion of the contract, the cost of materials and equipment that must be provided by the executor, as well as the services rendered to it by third parties, the executor shall have the right to demand an increase in the established estimate, and if the consumer refuses to fulfill this requirement, the termination of an agreement.

      Footnote. Article 36 as amended by the Law of the Republic of Kazakhstan dated 21.04.2016 № 504-V (shall be enforced upon expiry of ten calendar days after the day its first official publication).

Article 37. Performance of work with material of an executor

      1. Executor shall perform work determined by the contract with own material and by own efforts, if the consumer does not require performance of work with his (her) material.

      Executor performing work with own material shall bear responsibility for its proper quality.

      2. Material of an executor shall be paid by a consumer upon conclusion of the contract in full or in amount mentioned in the contract, with a final calculation upon acceptance of work by the consumer performed by the executor, unless other order of calculation for materials of the executor are provided by the agreements of parties.

      In cases provided by the contract, material may be provided by an executor on credit. The following change of cost of the material provided on credit shall not entail recalculation.

Article 38. Performance of work with material of a consumer

      1. If the work is performed in whole or partly from the customer's material, the executor shall be responsible for the safety of this material, its correct use.

      The exact name and description of the material of the consumer should be indicated in the agreement on performance of work (rendering of service) or other document.

      2. Executor shall be obliged to:

      1) inform a consumer on unsuitability or poor quality of material transferred by him (her);

      2) represent of a report on expenditure of material and return its remains.

      3. Executor shall answer for loss and damage of material accepted from a consumer in accordance with the civil legislation of the Republic of Kazakhstan.

      Cost of material transferred to an executor shall be determined by a consumer in the contract or another document (receipt, order) confirming its acquisition (purchase).

      4. Executor shall be released from responsibility for full or partial loss (damage) of material accepted from a consumer, if the consumer was informed by the executor on its special properties that may entail its loss (damage).

      5. Executor shall be obliged to inform a consumer in due time that compliance with instructions of a consumer and other circumstances depending on the latter shall entail change of quality of performed work or create impossibility of its completion in due time.

      If the consumer did not change unsuitable or poor quality material, instructions on a method of performance of work or did not remove other circumstances entailing change of the quality of work, in spite of timely and reasonable prevention of the executor within the term established by the contract, the executor shall have the right to dissolve the contract.

      Footnote. Article 38 as amended by the Law of the Republic of Kazakhstan dated 21.04.2016 № 504-V (shall be enforced upon expiry of ten calendar days after the day its first official publication).

Article 39. Payment for performance of work (rendering of a service)

      Form and procedure for payment for performed work (rendered service) shall be determined under agreement between a consumer and executor, unless otherwise provided by the Laws of the Republic of Kazakhstan.

Chapter 6. PUBLIC ASSOCIATIONS OF CONSUMERS

Article 40. Public associations of consumers

      1. Public associations of consumers shall carry out the activity oriented to sale and protection of consumer rights.

      2. Public associations of consumers may be cooperate in associations (unions) in accordance with the legislation of the Republic of Kazakhstan on public associations.

      3. It is prohibited to finance public associations of consumers, as well as their associations (unions), by subjects of private entrepreneurship.

      Footnote. Article 40 as amended by the Law of the Republic of Kazakhstan dated 21.04.2016 № 504-V (shall be enforced upon expiry of ten calendar days after the day its first official publication).

Article 41. The rights of public associations of consumers, associations (unions)

      1. Public associations of consumers, associations (unions) have the right:

      1) to make proposals on the improvement of the legislation of the Republic of Kazakhstan on the protection of consumers' rights to the authorized body and other state bodies;

      2) to apply to the state bodies with a view to assisting in the consideration of the fact of violation of consumers' rights;

      3) to study consumer properties of the product, the demand for it, conduct public inquiries to identify public opinion about the quality of the product (work, service);

      4) to receive applications, complaints;

      5) to apply to the state bodies for the purpose of assessing the quality of the goods (work, services) in the event of receipt of an application, a consumer complaint;

      6) to represent the interests of consumers in the state bodies, as well as in other public associations in the manner determined by the laws of the Republic of Kazakhstan;

      7) to bring claims to the court in the interests of consumers, including in the interests of an indefinite circle of consumers;

      8) to investigate and disseminate information on the problems and rights of consumers in the media;

      9) to implement social programs, projects, as well as individual activities aimed at solving social problems, on the protection of consumers’ rights on the basis of state social orders;

      10) to participate in the development of standards and normative technical documents that establish mandatory requirements for the safety of goods (works, services);

      11) to study and send information to the relevant state bodies on the compliance of consumers' rights in the sphere of trade, domestic and other types of services;

      12) apply to the appropriate state bodies with a view to taking measures within their competence to the persons who have released and sold goods (have performed work and rendered services) that do not meet the established requirements for safety and quality;

      13) to bring claims in the interests of consumers who are not members of public associations of consumers, in case of violation of their rights stipulated by the current legislation of the Republic of Kazakhstan;

      14) to disseminate information on the results of research on the quality of goods (works, services), as well as other information that will facilitate the realization of the rights and legitimate interests of consumers.

      The results of research on the quality of goods (works, services) published by public associations of consumers (their associations, unions) are not advertisement;

      15) to submit proposals to the relevant state bodies and organizations on measures to improve the quality of goods (works, services);

      16) to participate jointly with the relevant state bodies in formation of open and public information resources in the field of consumers’ rights protection, quality and safety of goods (works, services) in the order established by the current legislation of the Republic of Kazakhstan;

      17) to provide legal and consulting assistance to consumers;

      18) to represent the interests of consumers in the mediation process in resolving conflicts between the consumer and the seller (executor, manufacturer) through their members;

      19) to participate in the work of public councils in accordance with the procedure established by the Law of the Republic of Kazakhstan "On Public Councils".

      2. Public associations of consumers, associations (unions) provide, upon request of the authorized body, information on:

      1) the number and content of consumers’ complaints;

      2) events held for statutory purposes.

      Footnote. Article 41 in the new wording of the Law of the Republic of Kazakhstan dated 21.04.2016 № 504-V (shall be enforced upon expiry of ten calendar days after the day its first official publication).

Article 42. Protection of consumer rights by public associations of consumers, associations (unions)

      Upon application, complaint of a consumer, the public associations of consumers, associations (unions) shall have the right to refer to a seller (producer, executor) of goods (work, service) with a claim on removal of the violations of rights and legal interests and on compensation of loss (harm) inflicted by these violations to the consumer in a voluntary manner.

      If the seller (producer, executor) did not give a respond to the complaint or refuses to remove violations and compensate of inflicted loss (harm) in a voluntary manner, the public association of consumers, associations (unions) shall have the right to go to court.

      Claims directed by public associations of consumers, associations (unions) in behalf of consumers for consideration in court shall not be imposed by the state duty.

Chapter 7. FINAL PROVISIONS

Article 43. Responsibility for breach of the legislation of the Republic of Kazakhstan on protection of consumer rights

      Breach of the legislation of the Republic of Kazakhstan on protection of consumer rights shall entail responsibility established by the Laws of the Republic of Kazakhstan.

Article 44. Order of entering of this Law into force

      1. This Law enters into force upon expiry of three months after its first official publication.

      2. The Law of the Kazakh Soviet Socialist Republic dated 5 June 1991 “On protection of consumer rights” shall be deemed to have lost force (The Bulletin of the Supreme Soviet of Kazakh SSR, 1991, No. 23, Article 267; 1992, No. 13-14, Article 313).

The President


of the Republic of Kazakhstan

N. Nazarbayev


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