试用期间的产品瑕疵责任

On the responsibility of blemish trial products

试用买卖是以买受人试用后对标的物的认可作为生效条件的合同。在试用期内，虽然买卖合同尚未正式生效，但出卖人时买受人仍然负有某种附随义务，即先合同义务。试用期间因出卖人提供的产品存在质量瑕疵而给买受人造成损害的，应依法承担缔约过失责任。

The transaction of trial products is based on the agreement that the buyer has to accept the bidding deal when he is satisfied with the sample of trial products. During the trial period of products, the seller has to take a certain accessory responsibility for the buyer, i . e. the responsibility of pre ?agreement even if the for- mal agreement of transaction has not yet been effective. If the seller's blemish products have infringed on the interests of buyer in the trial period, the seller should take the lawful responsibility for his negligence in the transaction agreement.