Doing Business: Product Liability

Product Liability

The Civil Code provides for the full liability for the damages and sometimes for the future loses in connection with products, services or goods. However, a product liability may be limited by terms of a contract. In this regard, the Kazakhstan legislation provides an additional legal protection to consumers against improper goods, works or services.

Consumers are those individuals who purchase the goods, services or works for their personal needs. Legal entities are not recognized as consumers since they have more commercial and expertise powers for the contract negotiation.

Manufacturers and sellers have obligations and liabilities towards consumers concerning their goods, services and works. The goods shall have proper information, which should not be misleading. The main obligation of sellers and manufacturers is to ensure that goods are of the required quality, and have a duty to inform a consumer of any possible defects or dangers.

A consumer may purchase goods. These goods shall be of respective quality and safety. A consumer may request full and reliable information about goods from a seller. A consumer may request reimbursement for damages caused by any defect.
Consumers’ claims for damages to a seller may be reviewed by a court in a single lawsuit. Law provides fine or/and license revocation for fraud of consumers.

Certification
Goods or equipment imported or produced in Kazakhstan must fulfill Kazakhstan’s standards of quality. The certificate of conformity is issued up-on successful certification of goods and equipment for compliance with the required quality and safety standards.

Food safety standards
Kazakhstan does not have State standard for food safety, as in Western European countries. However, some retail stores work with state authorities to develop the national standards of food quality and safety. 
 

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