According to the relevant requirements of the “Administrative Measures for Product Quality Arbitration Inspection and Product Quality Appraisal”, when the two parties to the product quality dispute (both parties) need to appraise the quality of the disputed product, they must apply to the provincial quality and technical supervision bureau or the AQSIQ It is proposed that the appraisal organization unit designated by the administrative department of quality and technical supervision at or above the provincial level will organize an expert group to investigate, analyze, and judge the products whose quality is in dispute, and issue a quality appraisal report according to the request of the applicant.
The common product quality disputes of machinery manufacturing enterprises are mainly divided into two categories: product performance disputes and product safety disputes.
I. Product performance disputes
Product performance disputes are mainly manifested in the fact that after the mechanical product is delivered to the user, it fails to work normally or the mechanical performance index fails to meet the contract requirements.
There are several reasons for this, including:
1) Mechanical production enterprises have weak legal awareness of performance indicators and other explicit quality laws, and privately exaggerate performance parameters such as production capacity, processing accuracy, energy consumption, material composition, and geometric dimensions to attract customers' attention and increase orders;
2) Mechanical production enterprises lack the ability to verify performance indicators and fail to fully grasp their own performance;
3) After the commissioning is qualified and delivered, the machine user is overloaded in the daily production process and fails to perform regular maintenance in accordance with the regulations, which will cause undue influence on the machine.
Case Study: Quality Appraisal of "High Speed Overpass Eight-color Baby Teeth Printing Press"
Figure 1 Appearance of the equipment involved
In 2011, the National Machinery Product Safety and Quality Supervision and Inspection Center was entrusted by the Third People's Court of Dongguan City to conduct a quality appraisal of "high-speed flyover eight-color baby tooth printing presses".
The plaintiff (Nantong ** Plastic Engineering Co., Ltd.) purchased a high-speed printing press from the defendant (Guangdong ** Co., Ltd.) in January 2009 (see Figure 1). At the time of receipt, the plaintiff believed that the machine did not meet the sales contract signed by both parties. It was agreed that the commissioned engineer of the defendant did not meet the agreement after the commissioning and transformation, and could not meet the production needs of the plaintiff, and then filed a civil lawsuit with the court.
After an on-site investigation, the expert group of our center coordinated the user and producer of the equipment to conduct inking printing tests on the equipment involved. The equipment manufacturer re-adjusts the equipment, and the equipment user provides the materials required for the printing test, including printing materials, inks, solvents, etc. The test was conducted after the representative of the equipment manufacturer considered that the equipment was running smoothly and normally. The two sides sampled the printed matter at different printing speeds.
After sampling analysis found:
1) The printing speed is low, such as at 20m / min (see Figure 2), the printed ink is darker and the gloss is better; as the printing speed increases, when the printing speed exceeds (inclusive) 45 m / min (see Figure 3), the ink color of the print gradually becomes lighter, and the gloss becomes worse;
2) When the printing speed reaches 45m / min (see Figure 4), the print shows obvious sticky dirt marks, and the ink sticks to the non-printed graphics and other printed graphics.
Figure 2 Samples at a printing speed of 20m / min
Figure 3 Samples at a printing speed of 45 m / min
Figure 4 Samples at a printing speed of 50 m / min
As the printing speed increases, the drying time of the printed product through the drying system decreases, which requires that the drying system of the equipment has sufficient efficiency. The test results show that when the printing speed is increased to 45m / min, although the ink transfer amount of the printed product is reduced, the phenomenon that the ink sticks to the non-printed graphics and other printed graphics shows that the printed ink cannot be dried in time.
According to the sales contract signed by both parties, the printing speed is 10 ~ 80m / min. During the field test, due to the controversial equipment involved in the case, the printed product had a sticky phenomenon after the printing speed exceeded 45m / min, and it could not be effectively printed. Obviously, this is because the efficiency of the equipment drying system can not meet the printing requirements. The drying system of the disputed equipment in the case was the main reason that the printed matter produced at the printing speed of 45m / min could not be completely dried, so the equipment manufacturer lost the case.
How to Avoid Risks in Mechanical Product Performance Disputes
It can be seen from the above cases that when there is a dispute over product performance, the implementation standards, contracts, technical agreements, technical conditions, drawings, standards, standards, product specifications, packaging marks, advertisements and other promotional materials of the disputed products are indicated. Such explicit quality requirements will become the main basis for product quality disputes.
How mechanical product companies avoid risks in product performance disputes:
1. In the production link, production should be carried out in accordance with the technical specifications and performance indicators of the enterprise.
2. In the factory inspection process, the production enterprise must ensure that it has sufficient inspection capabilities, and must check in accordance with the acceptance standards of the enterprise. Products that do not meet the standards are resolutely returned.
3. In the sales process, do not exaggerate the parameter indicators such as product sales color pages, product specifications, and technical contracts.
4. During the acceptance and delivery of mechanical products, after the equipment is qualified for commissioning and delivered, the user is required to sign and stamp the delivery certificate. There are reasons for the quality problems of the products: there are problems at the time of delivery, or problems caused by improper use or maintenance by the enterprise in the future. Therefore, after the equipment is qualified for commissioning and delivered for use, requiring the user to sign and affix an official seal on the delivery qualification form is the key evidence to distinguish when the problem occurred.
Third, product safety disputes
Machinery related safety production accidents are mainly electric shock accidents and mechanical injury accidents. Among them, mechanical injury accidents include: mechanical squeezing, cutting, cutting or cutting, entanglement, introduction or involvement, impact, puncture or puncture, friction or abrasion, high-pressure fluid spraying or projecting, and the like.
According to relevant regulations, an enterprise shall participate in work injury insurance in accordance with the law and pay the work injury insurance premiums for all employees or employees of the unit. However, due to the harsh on-site production environment and poor daily management, safety production accidents often occur in some small production enterprises. And such small enterprises often do not purchase work injury insurance for their employees. In the event of a safety production accident, the user of the machine and the producer will have to bear huge compensation.
Product safety disputes are mainly manifested in the occurrence of safety production accidents by machine users, and in the face of huge compensation liabilities, users often seek to share responsibility and bring the machine manufacturers to court. The machine user hopes to pass the product quality appraisal and transfer the responsibility of the safety accident to the machine manufacturer to reduce their own risks. If the quality problem of the machine itself is identified after the assessment, it is the machine manufacturer that left the risk to the user, causing an accident, then the machine manufacturer will bear the main responsibility.
Case Study: Quality Evaluation of "Bending Machine"
In 2010, the National Machinery Product Safety and Quality Supervision and Inspection Center was entrusted by the Foshan Chancheng People's Court to conduct a quality appraisal of "bending machine" products.
The plaintiff (Foshan City ** Electric Co., Ltd.) purchased the defendant's (Guangzhou City ** Machinery Co., Ltd.) bending machine in June 2009. Two injuries occurred in October and November 2009. The plaintiff's When the operator uses the bending machine, the bending machine suddenly fails and the slider automatically slides down, causing the worker's fingers to be cut off. The plaintiff believes that after the product-to-bender bending machine involved in the case was delivered to the plaintiff for use, injuries continued to occur due to the quality of the product.
Figure 5 Front view of the bending machine
Figure 6 Foot switch for the bending machine
Figure 7 Internal structure of the foot switch configured by the bending machine
The sheet bending machine involved in the case (see Figure 5) is used to bend metal sheets of different thicknesses. It is mainly composed of a frame, a slider, a mechanical stop adjustment mechanism, a synchronous shaft, a front bracket, a rear barrier, Hydraulic system, electrical system, etc. In the process of use, the falling and rising of the slider are controlled by a foot switch, thereby clamping and relaxing the workpiece, and then bending the workpiece. Press the two pedals to control the lowering and raising of the bending machine slider during work. The foot switch structure is shown in (see Figure 6 and Figure 7). The bending machine has three working specifications, namely jog, single stroke and continuous stroke.
After on-site investigation and investigation, the original foot switch of the bending machine involved in the case has a problem, so that the foot switch cannot effectively control the rise and fall of the slider during the use of the device. When the jog and single stroke can occur continuous strokes The condition of the operator, the slider will automatically lower during use, endangering the safety of the operator.
According to the provisions of Article 10.3 of the national standard GB17120-1997 and Article 188.8.131.52 of the industry standard JB10148-1999, continuous stroke is not allowed in the single stroke work specification, that is, the machine works in each stroke in the single stroke specification. The component should stop at the position specified in the design, and the working component must not have the next stroke even if the operating button or pedal is continued to be pressed.
When the bending machine involved in the case is in a single stroke working specification, if the stepping pedal is continuously depressed, the bending machine will have a continuous stroke working specification. Therefore, the design of the bending machine involved in the case cannot meet the requirements of the above two standards.
Since the defendant (equipment manufacturer) sells mechanical products that do not meet the relevant national mandatory safety standards to the plaintiff (equipment user), the defendant will bear the main responsibility for safety production accidents.
How to Avoid Risks in Mechanical Product Safety Disputes
From the above cases, it can be seen that when a product safety dispute occurs, whether the product meets national standards, industry standards, and enterprise standards set by the company itself will become the main basis for product safety disputes.
How mechanical product companies avoid risks in product safety disputes:
1. The products must be produced strictly in accordance with the corresponding national standards, industry standards, and enterprise standards, and the implementation standards must be marked on the product nameplates, manuals, and packaging.
With the development of standardization, most domestic products now have corresponding product standard requirements. National standards, industry standards, and other standards are formulated to regulate product varieties, specifications, quality, grades, or safety and health requirements, and to protect human health, personal and property safety. Standards are the bottom line of product quality. As a manufacturing company, it should be clear about the national and industrial standards that its products must meet, especially some mandatory standards, which should be strictly implemented.
The occurrence of safety production accidents is due to the superposition of the unsafe state of things and the unsafe behavior of people. Machinery manufacturing enterprises should prevent the delivery of equipment with hidden safety hazards to the users, ensure "material safety", and effectively reduce the occurrence of safety production accidents from the source.
2. Formulate complete and detailed equipment operating procedures and nail them to the equipment
In all kinds of safety production accidents, human unsafe behaviors are the direct cause of accidents. Human unsafe states mainly include management reasons, education reasons, physical and attitude reasons, and technical reasons. In the daily production process, the operator violates labor discipline and fails to work in accordance with the operating regulations and methods, which are likely to cause safety production accidents. As a manufacturer of machinery and equipment, the operators of the users should be trained, and detailed and detailed equipment operating procedures should be formulated, and operators should be strictly required to operate in accordance with regulations.
3. When the buyer and the seller sign the contract, it is stated in the terms of the contract that if a dispute occurs, a lawsuit must be filed in Party A.
In the daily disputes over the purchase and sale of mechanical products, the buyer usually delivers the equipment payment to the seller in several orders (order, delivery, commissioning, and normal operation). However, due to the poor operating conditions of the buyer in many cases, after the equipment is delivered for use, some balances remain unpaid. According to the plaintiff's principle of the defendant, if the seller files a lawsuit against the buyer, it needs to file a lawsuit in the court where the buyer is located. Due to national conditions, local protectionism is more serious, and the seller will encounter more difficulties at the buyer's location. If the buyer is outside the province, the tortuous process of the litigation process will seriously affect the seller. However, if it is stated in the contract terms that a dispute must be brought before the seller, the seller will take the initiative in the lawsuit.
4. After the equipment is qualified for commissioning and delivered, the user is required to sign and stamp the delivery certificate.
There are reasons for the quality problems of the product, 1) there is a problem at the time of delivery; 2) the problem caused by the company's improper use or maintenance in the future. Therefore, after the equipment is qualified for commissioning and delivered for use, requiring the user to sign and affix an official seal on the delivery qualification form is the key evidence to distinguish when the problem occurred.
Third, the conclusion
With the improvement of product quality awareness and the implementation of the regulations on work injury insurance, quality complaints about mechanical products and safety production accidents of mechanical products continue to occur. Coupled with the large value and high danger of mechanical products, it is especially important for machinery manufacturers to regulate daily production and understand how to avoid the risk of product quality disputes. Avoiding risks does not mean completely eliminating risks, it is to avoid risks that may cause us losses: first, we must reduce the probability of losses; second, we must reduce the degree of losses. As a machinery manufacturer, improving product quality and strengthening legal awareness are the best measures to prevent risks.