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FEDERAL CONSUMER PROTECTION LAW - page 26 / 38

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To determine the payment of damages, the judicial authority shall consider the payment of the refund or compensation made by the supplier, if applicable.

The relevant refund or compensation regarding the breach indicated in Article 92, subsection I, may be made effective by the consumer directly from the supplier by submitting the voucher or receipt of payment on the date when the Agency detected the breach, which may not be less than twenty percent of the price paid.

ARTICLE 93.- At the choice of the consumer, the claim stipulated in Article 92 may be submitted indistinctly to the seller, manufacturer or importer within two months following the date when the product was received, provided the product has not been altered at the consumer's fault. The supplier shall compensate the claim within a term not to exceed fifteen days as of the date of such claim. The seller, manufacturer or importer may refuse to compensate the claim if it is submitted in an untimely manner, when the product has been used in conditions different to the conditions recommended or inherent to its nature or purpose, or if it has experienced an essential, irreparable and serious detriment due to causes attributable to the consumer.

ARTICLE 94.- The verifications on the quality, specifications or any other characteristic shall be made according to the Mexican Official Standards and, in absence thereof, according to the Mexican standards or the methods or procedures set out by the Ministry or the government office with competent jurisdiction of the Federal Executive Branch, prior a hearing of the interested parties.

ARTICLE 95.- The products substituted by suppliers or distributors shall be substituted, in turn, against their delivery, by the person from which they acquired them or by the manufacturer that shall pay the cost of the pertinent repair, return, refund or compensation, if applicable, except when the cause may be attributed to the supplier or distributor.

In case a document exists for the product in question that covers the evaluation to approve such product rendered by any of the persons authorized or approved, as indicated in the Federal Law on Metrology and Standardization, such persons shall pay to the supplier the relevant refund or compensation.

Chapter XII

Surveillance and Verification

ARTICLE 96.- In order to apply and enforce the provisions of this Law and of the Federal Law on Metrology and Standardization, and when no other government office has jurisdiction to perform pertinent surveillance and verification, the Agency shall do the pertinent surveillance and verification at the places where products or merchandise are managed, stored, transported, distributed or sold, or at the places where services are rendered, including those in transit.

Regarding the verification and surveillance set out in the preceding paragraph, the Agency shall act without requiring a formal petition pursuant to the provisions of this Law, and under the terms of the procedure set forth by the Federal Administrative Procedure Law (Ley Federal de Procedimiento Administrativo) and, regarding the verification of compliance with the Mexican Official Standards, pursuant to the Federal Law on Metrology and Standardization.

ARTICLE 97.- Any person may file a denunciation with the Agency of any violations to the provisions of this Law, the Federal Law on Metrology and Standardization, the Mexican Official Standards, and other applicable provisions. The denunciation shall indicate the following:

I. Name and address of the denunciated party or, if applicable, the data to locate such accused party;

II. Detail of the facts on which the denunciation is based, indicating the good, product or service in question, and

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