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If the manufacturer goes out of business, who should take care of the car that is broken during the warranty period?

"Longxi Hongji Automobile Sales Co., Ltd.: Zotye Automobile went out of business without auto parts to provide maintenance"

Recently, Mr. Dong of Gansu complained about Longxi Hongji Automobile Sales Co., Ltd. on the black cat platform, saying that the Zotye T500 car he bought more than a year ago had quality problems, and he found the manufacturer's after-sales service to repair, and the other party said that the Zotye manufacturer had gone out of business and could not help it repair the vehicle. Obviously, he is still in the warranty period, but he does not get the service he deserves, which makes Mr. Dong upset.

Mr. Dong told the special search reporter that in 2020, he purchased a Zotye T500 car at Longxi Hongji Automobile Sales Co., Ltd. At the time, the sales staff said that the vehicle was guaranteed a free three-year warranty. At the end of 2021, Mr. Dong's engine mat was broken, and the plastic glue edges of the four doors were also peeling off.

If the manufacturer goes out of business, who should take care of the car that is broken during the warranty period?
If the manufacturer goes out of business, who should take care of the car that is broken during the warranty period?

Mr. Dong contacted the sales staff of Longxi Hongji Automobile Sales Co., Ltd., and after explaining the situation, he hoped that the store could help him repair it for free. Unexpectedly, the sales staff said that they could not help Mr. Dong repair the vehicle at present, because Zotye Automobile had gone out of business and no longer produced auto parts. The helpless Mr. Dong got in touch with our special search reporter and hoped that we could help him coordinate the matter.

If the manufacturer goes out of business, who should take care of the car that is broken during the warranty period?

The reporter called Longxi Hongji Automobile Sales Co., Ltd., and the customer service said that it is indeed because of the closure of Zotye Automobile that leads to the lack of auto parts for customers to do after-sales service. At present, there have been several such things in their store, which is really very helpless. Subsequently, the reporter also tried to contact the official customer service of Zotye Automobile, but it was all unanswered.

If the manufacturer goes out of business, who should take care of the car that is broken during the warranty period?

The reporter inquired about the situation of Zotye Automobile on the Internet, which is headquartered in Yongkang City, Zhejiang Province, and is an automobile manufacturing enterprise with automobile research and development, manufacturing and sales as the core business. In October 2021, Zotye Automobile released the "Adjustment Plan for the Rights and Interests of Investors in the Draft Corporate Restructuring Plan". The announcement pointed out that Zotye Automobile has been unable to pay off its debts as they fall due, and it not only lacks solvency obviously, but also has become seriously insolvent.

At present, Mr. Dong, who is in a hurry to use the car, has repaired the car at his own expense, and he hopes that the reporter can help him get back the repair cost of the vehicle. In response to such a thing, the reporter also consulted Tang Xinlian, a lawyer at Beijing Dacheng (Shenzhen) Law Firm.

If the manufacturer goes out of business, who should take care of the car that is broken during the warranty period?

Lawyer Tang believes that if it is within the scope of the three guarantees of the warranty period, then Mr. Dong can directly find the 4S shop to claim compensation. As for whether the manufacturer is out of business, it does not affect Mr. Dong's right to require the seller to bear it first, and as for how the seller, the automobile manufacturer, and the parts supplier are assigned responsibility, the seller can settle the bill by itself. Generally, these three parties will have a more complex settlement procedure. That is to say, in this situation of Mr. Dong, both the seller and the manufacturer have the obligations and responsibilities. If there is a problem with the quality of the new car, you can ask the 4S shop to replace it or refund it. According to the three-guarantee policy for automobiles, if the household automobile products meet the replacement conditions, the seller does not have the same brand and model of household automobile products, nor does it have household automobile products that are not lower than the original car configuration to replace the consumer, the consumer can choose to return, and the seller shall be responsible for returning the goods for the consumer. In the new three-pack regulations for automobiles, it is stipulated that when the main (important) parts such as gearboxes and engines appear in the vehicle, and in the case of their own defective conditions, they do exist after consultation, and they can request repairs, returns and compensation.

If the manufacturer goes out of business, who should take care of the car that is broken during the warranty period?

(Note: The deadline for this report is February 10, 2022, due to the appropriate delay in the review process)

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