Please take back those rights that belong to you
- i'll show you three bags of car stuff
The problem of three packages of domestic cars has always been a hot spot in the car sales market. What do you know about the three bags? Automobile maintenance was untied, cars could be returned for replacement within seven days of critical problems, and three bags of car repair were provided with spare vehicles as of the sixth day of repair。
It's up to the new car to do this
Buying a car is not a big deal, and it's a pick-up that buys it, and it doesn't take long to find a car problem, which is a very depressing experience for consumers。
On 22 march 2021, mr. Shi jiajiang spent $1. 2 million on a domestic car and after 30 days of driving, the diversionary power failed. Mr. Wu requested the assistance of the market regulator. Upon receiving a complaint, the mayor of shi jiajiang and the market supervisory authority of ant-zhuang examined information such as the car purchase invoice provided by mr. Wu, and found that it was up to the 36th day of the purchase of the car at the time of the breakdown and travelled 1,200 kilometres. Mr. Wu's vehicle, which he had purchased, was found to have failed to function as a diversionary force, and the post-sale manager stated that they could be repaired free of charge。
The law enforcement officers explained to the seller the relevant provisions of the regulations on liability for repair, replacement and return of domestic automotive products issued by the former general directorate of quality control and quarantine, according to which mr. Wu may choose to replace or return the goods free of charge. Law enforcement officials required 4s to comply strictly with the regulation on the liability for repairs and replacements of domestic car products. Eventually, a new car was replaced for mr. Wu free of charge by 4s。
Article 23 of the newly amended regulation on the responsibility for replacement of repairs and replacements for domestic car products, which was in force since 1 january this year, provides that domestic car products may be replaced or returned on the basis of an invoice for the purchase of the car or a three-pack voucher, if there is a shift in quality to the failure of the system, a failure of the brake system, a break in the body, a fuel leak or a fire on the power battery, within 60 days from the date of the validity of the three packages or within 3,000 kilometres of the mileage travelled, whichever comes first. The seller should replace or return the goods free of charge。
Provision of backup vehicles during repair or reimbursement of transportation costs
The new purchase of cars has failed and the process of repair has been remote, and the travel of consumers has encountered difficulties. The three-pack provision for domestic vehicles makes it clear that back-up vehicles should be provided to consumers or reasonable compensation for transportation costs。
In june 2020, a car owner bought a home car at a brand 4s store. On 30 april 2021, the vehicle's engine malfunctioned, replacing it with a total of 4s, and six days later the engine again suffered from cam axle failure and was again repaired. The owner of the car requested that the 4s store provide a walker or traffic allowance and replace the new vehicle. The staff of the 4s store rejected the above requests. When the negotiations between the two parties failed, the owner complained to the market regulator。
According to a market supervision survey, the vehicle did not meet the criteria for replacing new vehicles, but was eligible for free maintenance. Owing to the length of the repairs to the vehicles, the owner of the 4s store should be provided with a spare vehicle or reasonably reimbursed for transportation costs. In response to the failure of the 4s store to assume the required three-pack liability, the market regulator issued an order for rectification under article 41 of the regulation on liability for repair, replacement and return of domestic car products. Eventually, the 4s store repaired the engine and reimbursed the owner with a lump sum of $4,000 for the cost of transportation, and gave the machine four times for filtering (including working hours) and a one-year extension of the engine。
Article 21 of the newly amended regulation on the liability for replacement of repairs and replacements of domestic automobile products provides that, if a domestic car product has been repaired more than five days during the warranty period (including spare parts pending repair) because of its quality questionnaire, the repairer shall provide back-up vehicles to the consumer as of 6th day or pay reasonable compensation to the consumer for transportation costs. If the operator and the consumer agree otherwise, compensation is provided in the manner agreed。
No maintenance at 4s, no three bags? This can't work
The "hottie love car" was supposed to be a happy thing, but the engine malfunctioned just over a year ago. Go to 4s, but be told that three bags cannot be provided because they were not maintained at 4s! What should consumers do in the face of this
In september 2021, a complaint was received from mr. Hu, the market supervision authority of the qin imperial island port district of yan harbour. According to mr. Hu, a domestic car was purchased at a 4s shop in may 2020. In september 2021, while the vehicle was travelling on the highway, the engine went off. In this case, mr. Hu was refused access to the 4s store for free maintenance. The reason given by the 4s store was that the car had not been maintained in 4s after 20,000 kilometres。
Mr. Hu sought help from the market regulator. Following a survey conducted by market regulators, the relevant provisions of the regulation on liability for repairs, replacements and refunds of domestic car products were explained to 4s stores and it was clarified that the owner could maintain the car outside 4s. Following mediation efforts, the owner provided maintenance records for the qualified repair and maintenance unit and the 4s store eventually replaced its motors free of charge。
Three bags of the car and its maintenance were two things, but some 4s stores tied them together. In response, article 32, paragraph 2, of the newly amended regulation on the liability for repairs and replacements of domestic car products provides that the operator may not restrict the consumer's freedom to choose an enterprise for the maintenance and maintenance of the domestic car product as justification for refusing to assume three packages of liability。
There's a problem with the second-hand car
Consumers have become increasingly rational in shopping, and many of them have turned their eyes on second-hand cars with higher value. Second-hand vehicles, particularly “fast-new vehicles”, received considerable attention. So, there's a problem with the used car. How about three packs
On 10 november 2020, the consumer, mr. Zhang, purchased one of the domestic cars from mr. Wang of yuzhou. In may 2021, the vehicle had a failure of multifunctional steering wheel keys in its normal use, which had not been repaired on several occasions, and the plant had indicated that it could not be resolved and mr. Zhang had requested that the vehicle be returned. The 4s store contacted the manufacturer and indicated that it could return the car, but because it was a used car, the manufacturer required an assessment of the return at the market used car price. Mr. Zhang complained to the market regulator。
Upon receipt of the complaint, mr. Zhang was checked on the first occasion by the staff of the zhuzhou municipal market supervisory authority, who also went to the 4s store to retrieve the vehicle's sales files and related records. When the staff member was able to ascertain the situation, the relevant legal provisions were clarified to section 4s: the internal regulations of automobile manufacturers cannot contradict the national laws and regulations. Article 30 of the regulation on liability for repair, replacement and return of domestic car products provides that three packages of responsibility shall not be altered by the transfer of ownership of domestic automobile products. Eventually, the 4s store agreed to return the car and paid mr. Zhang $140,000 in return for the deduction of the usage reimbursement under the three packages。
There was a failure before the new car was delivered. Consumers could refuse to accept it
It was a pleasure to buy a new car, but if the new car failed before it was delivered, how could such an encounter be a pleasure? Is this a three-pack situation? Can consumers return money
In june 2021, the consumer, mr. Wu, purchased one of the vehicles at the 4s store of a car, but in the absence of delivery, there was a failure light flash (with a failure code). The client refused to collect the car and negotiated a refund with the 4s, which remained unresolved. In the event of no choice, the client complained to the market regulator。
Upon receiving a complaint, the water market supervisory authority's department of peach city conducted a thorough review of the situation and patiently explained the provisions of the regulation on the liability for repair, replacement and return of domestic car products to 4s. Despite the fact that the vehicle had a vehicle qualification certificate, the failure code prior to delivery was also an indisputable fact, and the consumer had the right to refuse to accept the vehicle pursuant to article 12 of the liability provisions for the repair, replacement and return of domestic car products. Under the mediation of market regulators, the parties eventually reached a consensus that 4s would replace other types of vehicles for consumers。
What should be done when problems with vehicles have been identified when they have been paid but not yet delivered? The key is to see this delivery. On 1 january 2022, article 13 of the newly amended regulation on the liability for repairs and replacements of domestic car products provided that the seller should deliver qualified domestic car products to the consumer. At the same time, article 18, paragraph 2, of the same provision provides that the period of three packages available to consumers begins to run only after the delivery of the vehicle; if the vehicle is not delivered, the vehicle remains the seller and there is no problem of three packages. Hebei law journalist zhang shijie correspondent koswei
