In February of the next year after the purchase of the car in October, the public exposed that Xiaopeng had postponed the delivery of the car, and responded: The battery shortage

Recently, Xiaopeng Automobile was accused by many consumers of not delivering the vehicle within the agreed time. Shenzhen citizen Xiao Zhang (pseudonym) told Nandu that he signed a car purchase contract with Xiaopeng Automobile on October 13 and paid a deposit of 5,000 yuan, booked a Xiaopeng car with model P7 480N, and agreed to deliver the car within 6 to 8 weeks. In this regard, Xiaopeng Automobile responded to the big incident in Nandu Shenzhen, saying that due to the tight battery supply of some models, some owners could not pick up the car on time, and the affected owners could withdraw without worry.

Consumers: Agreed to deliver the car in 6 to 8 weeks

Near the deadline, we were told we needed to extend it until Next February

Shenzhen citizen Xiao Zhang (pseudonym) told Nandu that he signed a car purchase contract with Xiaopeng Automobile on October 13 and paid a deposit of 5,000 yuan, and booked a Xiaopeng car with a model of P7 480N. Xiao Zhang said that before paying the deposit, the sales told him that the estimated delivery period was 6 to 8 weeks, and stressed that the pick-up time would only be advanced, out of consideration for the pick-up period, Xiao Zhang chose Xiaopeng Automobile, "Compared with some other brand vehicles with a delivery period of 6 to 10 weeks, Xiaopeng's delivery time is faster." ”

It can be seen from the communication records between Xiao Zhang and Xiaopeng Automobile sales that in early November, Xiao Zhang asked the sales about the time to pick up the car, and the sales said that they were still uncertain, generally speaking, about 6 weeks, that is, the end of November. On November 22, near the earliest delivery time agreed, the sales said, "It should be able to be equipped at the end of the month, and the car can be picked up after two or three days." ”

However, at the beginning of December, the estimated 8-week delivery deadline is approaching, and Xiaopeng Automobile Sales contacted Xiao Zhang to inform him that due to the shortage of vehicle accessories, it needs to postpone the delivery of the car for three months, and the expected delivery time is mid-February 2022. Due to the large gap between the estimated delivery time after the extension and the 6 to 8 weeks at the time of payment of the deposit, Xiao Zhang said it was difficult to accept. Xiao Zhang said that when he paid the deposit, he signed an electronic contract with Xiaopeng Automobile, and the contract did not state the delivery period, "Before signing the contract, he only verbally promised to deliver the car on time, and there was a suspicion of inducing consumers to sign the contract." ”

According to the Xiaopeng Automobile APP order page provided by Xiaozhang, the deposit of the Xiaopeng Automobile with the model of P7 480N is 5,000 yuan, the price after the comprehensive subsidy is 229,900 yuan, and the delivery progress stops at "the car purchase agreement has been signed".

In addition to Xiao Zhang, on the black cat complaint platform, there are many consumers who reflect the same problem, and the models involved are basically Xiaopeng Automobile P7 480 series.

Xiaopeng Motors responded

Batteries are in short supply, and affected owners can retire without worry

Nandu Shenzhen big thing on the postponement of delivery of the car contacted Xiaopeng Automobile. Xiaopeng Automobile customer service said that Xiaopeng Automobile P7 480N and P7 480E two models do have a tight supply situation, this is because the two models of lithium iron phosphate battery material shortage, so some car owners can not pick up the car on schedule, other models that do not use lithium iron phosphate batteries are normal supply.

For owners of the two models affected by the postponement, Xiaopeng Automobile has provided a worry-free withdrawal service since November 29, and car owners can also choose to continue to wait.

Vehicle accessories are in short supply, has the sales side made adjustments to the affected models? The customer service supervisor of Xiaopeng Automobile said that the early sales staff informed consumers of the estimated pick-up time according to the supply of accessories at that time and other factors, there was no false publicity, and there may be information differences between the supply of accessories at the time of sale and the final actual situation. Based on the current shortage of parts of some models, Xiaopeng Automobile has adjusted the estimated pick-up time of the sales side, and for owners who paid a deposit to buy Xiaopeng P7 480N and 480E after December 11, the estimated pick-up period notified before payment was adjusted to 15-16 weeks.

For the specific delivery period reflected in the contract reflected by Xiao Zhang, the customer service supervisor said that although the delivery period is not reflected in the contract, consumers can view it in the Xiaopeng Automobile APP, which is due to the estimated delivery period due to the supply of accessories and other factors may fluctuate, through the APP presentation, can be flexible according to the real-time situation, consumers also recognize this rule when buying a car. It further said that under normal circumstances, Xiaopeng Automobile can achieve early delivery, and after the shortage of battery accessories caused some car owners to be unable to pick up the car on time, it also provided a solution in time.

The latest progress, Xiao Zhang told Nandu Shenzhen a big thing, he chose to change the model, made up about 20,000 yuan to buy Xiaopeng Automobile P7 670 series, is expected to pick up the car in mid-to-late December.

Attorney's Opinion

APP, WeChat and oral agreements are all legally effective

Failure to deliver the vehicle on time constitutes a breach of contract depends on the circumstances

Xiaopeng Automobile did not present the delivery period in the contract, but informed it through its APP and sales staff or oral or WeChat message, is the agreement at this time legally valid? Mao Peng, a lawyer at Guangdong Shengdian Law Firm, said that if the delivery period is not indicated in the car purchase agreement, the logo in the APP can be regarded as a supplementary clause to the contract, and the delivery time agreed through WeChat and oral agreement also has legal effect.

Does failure to deliver the vehicle within the agreed time constitute a breach of contract? Lawyer Mao Peng said that to determine whether it constitutes a breach of contract, two situations should be considered: whether the agreed delivery time is accurately determined (for example, it must be delivered on December 31, 2021), or a forecast date (striving to deliver before December 31, 2021), different expressions, whether it constitutes a breach of contract is quite different; even if it constitutes a breach, what are the consequences of the breach? If there are no specific consequences agreed, then even if it constitutes a breach, it may not necessarily bear the liability for breach of contract, or the liability for breach of contract may be to terminate the contract and compensate for the loss of interest on funds in the same period.

Mao Peng, a lawyer at Guangdong Shengdian Law Firm, further introduced that from the perspective of the Civil Code, the law advocates that the two parties should conclude a contract fairly and justly, and the interests of both parties should be protected, but at the same time, the law emphasizes voluntariness, that is, when concluding a contract, it cannot go against the will of both parties. In real life, it is indeed often possible to see some obviously unfair agreements, especially if the strength gap between the two parties to the contract is large, the contract is easy to appear unfair, there will be some obvious excessive protection of the interests of one party, serious damage to the interests of the other party, the industry is generally called "overlord clause" (such as water supply, gas supply, communication, car purchase, etc.).

Written by: Zheng Shaochun, researcher of Nandu Shenzhen Big Thing Think Tank, Nandu reporter Ye Linfang

Consumer exposure desk, waiting for you to report

Nandu Shenzhen major events aim to promote the benign development of the consumer market, safeguard the legitimate interests of consumer subjects, has launched a "consumer exposure platform" to provide consumers with a platform to expose consumer disputes or problems. Shenzhen Consumer Word-of-Mouth List will also intervene in a timely manner to reflect the situation, follow up the progress of the incident, and help resolve consumer disputes by connecting consumer entities, and welcome the general public to provide clues!