In recent years, the rapid development of the new energy automobile industry has been obvious to all. In 2021, the wholesale volume of new energy passenger cars in mainland China exceeded 3.31 million units, up 181% year-on-year, and the sales of new energy passenger cars in Beijing, Shanghai, Guangzhou, Shenzhen, Hangzhou and Chengdu exceeded 100,000 units, and the annual delivery volume of Xiaopeng, Weilai and Ideal also exceeded 90,000 units.
Under the red fire, but it can not hide the problem of difficult delivery. Because new cars cannot be delivered according to the agreed time, many new energy vehicle companies, including BYD, Tesla, Xiaopeng, Zero Run, Euler, etc., have attracted many complaints from car owners. Some insiders lamented that there are many complaints, it is difficult to protect rights, and delayed delivery has become a stubborn disease in the new energy automobile industry.
Car bookers describe waiting for a ride as a "practice"
Mr. Shao in Hangzhou has been a little anxious lately. Because more and more information indicates that the new Tesla Model Y car he ordered last December may not be delivered on time.
At that time, after paying the advance payment, the official website showed that it was expected to pick up the car in the first quarter of 2022, but now, the end of February is almost here, and there is still no "matching vehicle" information (Tesla's name, indicating that the customer's vehicle has been scheduled for production and will be delivered in the short term), I am in a Tesla owner group, which has a lot of people's cars overdue for many days and there is no news. ”
Mr. Shao said that the feedback given to him by Tesla's sales consultants is that he is still delivering orders in early November last year, and the production capacity of the last few times has changed a lot, "It is estimated that it will take three months to deliver, if it is not possible in March, it is in May, and there is generally no vehicle supply in April." ”
Due to the continuous news of delayed delivery, Tesla prospective owners are now in the community to post pictures and complain, some describe "waiting for the car is a practice", some describe the 100th day of waiting for the car as a "100-day banquet", and some announce that they are ready to "wait for 180 days", of which the customers who have waited for the car for the longest time have waited for 229 days.
In addition to Tesla, new energy vehicle companies such as Xiaopeng, BYD, Euler, GAC Aean, Weilai, and Zero Run are also the "top stream" on the auto complaint website, and complaints about delayed delivery abound. There are Euler car owners complained, October 31, 2021 booking the Great Wall Euler black cat cute pet version, when the contract is signed, it is expected to be delivered in two months, it has been almost four months, and there is no end in sight. A Xiaopeng owner complained that when he bought a car in October 2021, the sales staff promised to deliver the car in January at the latest, and at the end of December, he was told to postpone the car to pick up after the Spring Festival, and then asked the sales staff to say that there was no problem in delivering the car at the end of February, and then asked after the New Year, and was told that the delivery time could not be confirmed, "As of February 18, there is no news."
In the "3.15 Rights Protection Clue Collection" activity jointly launched by Express Review and Hangzhou 12345 Mayor Hotline, from February 1 to February 21, there were 6 complaints involving delayed delivery, involving four brands such as Tesla, BYD, Euler, and GAC Eian.
Ms. Chen of Hangzhou reflected that her daughter and son-in-law decided to buy an electric car to pick up and drop off their children in order to pick up their two children. On January 24 this year, I ordered a BYD (medium model) at the Hangzhou Zhuoyu 4S store and paid a deposit of 3,000 yuan. The next day to pick up the car, only two cars to choose from, the son-in-law looked at the car and found that there were problems, not satisfied, 4S shop said that there will be a batch of new cars to the store after the year, and then deliver the car. On the eighth day of the first month of the first month, I went to ask, saying that the new car would arrive at the store in two days; after two days, I asked, and said that there were still two days to arrive; I asked again, and I said that it would be half a month, and the first two days I said that I would have another month..." There was simply no accurate word. ”
Why do delays in delivery happen repeatedly?
As for the reasons for the delay in delivery, some car companies have given the statement that it is caused by the "chip shortage" and the tight supply of raw materials such as batteries. For example, in response to a large number of user complaints, Xiaopeng Automobile recently responded to the media's questioning and said that it could not deliver new cars on the prescribed date, mainly because of the tight battery supply.
Xiaopeng official said on February 21 that due to the impact of the epidemic, the industry is facing an extreme shortage of supply of major components including lithium iron phosphate batteries, which has brought great uncertainty to the production of Xiaopeng P5 460 models, resulting in 460 model orders can not be delivered in time within the next timed expected delivery cycle, and apologizes for this, "will solve the problem one-on-one and assist customers in need to complete the procedures for reassignment or cancellation." ”
The Great Wall Euler brand has recently issued a notice to the 4S store, requiring all dealers to remove the promotional materials and exhibition vehicles of the black and white cats of Euler Automobile from 00:00 on February 15, stop receiving orders for the black cat and white cat of Euler Automobile, and clearly inform the manufacturer that it has no longer accepted orders.
In this regard, Great Wall Motor insiders said that the stop receiving new orders is due to chip shortages, insufficient supply of spare parts, national subsidies and many other reasons, resulting in a large backlog of black cat and white cat orders, and the waiting cycle for customers to buy cars is too long, affecting the customer experience.
In addition, the Nezha U pro400 cruise version also stopped accepting new orders from February 17, and the specific recovery time is expected to take 3-4 months. The first sentence of the notice issued by Nezha Automobile to dealers pointed out that it was "affected by the overall chip supply of the industry".
However, some consumers believe that the reason for the delay in delivery of the car is also related to the publicity of the shorter delivery cycle issued by the relevant car companies, which first attracts consumers to order the car, and then finds ways to delay the delivery.
At the same time, many consumers found that although manufacturers do not have new car deliveries, but on many second-hand trading platforms, there are a large number of people who resell orders, "they booked a car, but they did not want to mention, hoping to increase the price by 5,000-10,000 yuan transfer, and treated the order as futures and wealth management products." Some people question that this does not rule out that there are professional scalpers who "specialize in profiting from scalping orders", aiming at the reality that some car owners are eager to pick up the car, but the manufacturer delays delivery.
At present, the electric vehicle industry generally has the problem of booking and waiting for the car cycle, especially in the new forces of car manufacturing, customers pay the deposit, will mark the expected delivery date and waiting cycle, customers can only passively wait. So that some people describe this kind of car as a "futures car", such as nio DAY in early 2021, Nippon released the first sedan NIO ET7, although the delivery time of this car is not until 2022, but NIO has announced the listing at that time, and began to accept orders, Extreme Kr 001, Great Wall Mech Dragon and so on also have the same problems.
Delayed delivery is difficult to protect rights, which needs urgent attention
Although there are many delays in delivery, it is not easy for consumers to defend their rights. Some car owners are troublesome and do not want to fight a lawsuit; some car owners are not afraid of trouble, but after studying the car booking contract, they found that there is no certainty of victory in the lawsuit.
An important reason is that at present, most of the new car-making enterprises have taken advantage of the provision of standard contracts to exempt themselves from their main responsibilities, for example, the specific period for the delivery of the vehicle is not specified in the "Xiaopeng Automobile Purchase Agreement" signed by Xiaopeng Automobile and the consumer, only "Xiaopeng Automobile will deliver the car to you within a reasonable period of time after the car you ordered arrives at the store and your car purchase price has been paid in full". In the words of the owner, "According to such a contract, Xiaopeng Automobile will not default on delivering the car after 100 years." ”
For example, Tesla's "Car Pre-sale Agreement" stipulates that the deposit of 1,000 yuan paid by consumers when booking a car is called "advance payment", and the advance payment is "to pay the costs incurred by our company in matching orders, arranging delivery and other related links, rather than the deposit of the vehicle." You can cancel your pre-sale order at any time before we deliver your vehicle to you and the advance payment you have already paid will be refunded in full. In other words, the 1,000 pieces, the owner can take back at any time, but there is no binding force for Tesla.
For the delivery time, the agreement of the new car-making enterprise is only beneficial to itself, for example, Tesla's agreement points out that "the estimated delivery date referred to in this agreement is only an estimated time, and does not constitute our company's guarantee of the actual delivery of the vehicle." The actual delivery date is affected by many factors such as your vehicle configuration plan, the time when the vehicle configuration can be scheduled for production, vehicle transportation and customs clearance. ”
The "Limitation of Liability" clause in the Agreement also states that "under no circumstances shall we be liable for any incidental, special or consequential loss arising out of this Agreement." If our company is liable, the liability is capped at the refund of the advance payment. ”
Mr. Ye, who just booked a zero-run T03 last weekend, said that after the payment of the deposit, zero-run did not give a specific delivery date, only wrote that it was delivered in April, "If it can't be delivered by then, I can only wait." ”
Zheng Chengjian, a lawyer at Zhejiang Tianhang Law Firm, believes that the automobile sales industry is a purely market-oriented industry, which changes with market changes, and it is difficult to issue a unified version of the contract by the government like the real estate market. If the dealer cannot deliver the car on time, it still depends on whether the contract is a "deposit" or a "deposit", or whether there is a specific liability for breach of contract, if it is a deposit, the two parties do not have a strong constraint; if it is a "deposit", the dealer can be required to refund the double deposit due to the liability for breach of contract. "But the problem is that now with the emergence of the 'chip shortage', there is uncertainty about the delivery time of new cars, and many car dealers do not write 'deposits' when collecting deposits, only write 'deposits', or call 'advance payments' like Tesla, and it is very difficult for consumers to protect their rights."
In the interview, many car owners expressed the hope that this phenomenon can be paid attention to by the regulatory authorities and take corresponding measures to safeguard the legitimate rights of consumers.
【3.15 Exposure Desk】Recent complaints about late delivery
Mr. Lou:
On November 9, 2021, I ordered an EIAN electric car at the Zhongxin Physical Examination Center of Gaqi Aegean Hangzhou Shixiang Road, paid a deposit of 5,000 yuan, and the 4S shop promised to pre-car on January 31, but until now it has been said that there is no car, I asked for a refund of the deposit, but it has been delayed. (At that time, when booking the car, the contract only wrote the delivery time, and there was no liability for breach of contract, and the scene raised objections, asking what to do if the car could not be delivered on time, and the other party prevaricated that it would not, and there was no in-depth investigation). I later checked the detailed regulations through the APP, and even if the deposit is refunded, it can be returned up to twice. For a few thousand dollars to fight a lawsuit, it is very troublesome, so I am too lazy to get it.
Ms. Chen:
The daughter and son-in-law decided to buy an electric car to pick them up in order to study for their two children. On January 24 this year, I ordered a BYD (medium model) at the Hangzhou Zhuoyu 4S store on Shaoxing Road and paid a deposit of 3,000 yuan. The next day to pick up the car, only two cars to choose from, the son-in-law looked at the car and found that there were problems, not satisfied, 4S shop said that there will be a batch of new cars to the store after the year, and then deliver the car. On the eighth day of the first month of the first month, I went to ask, saying that the new car would arrive at the store in two days; after two days to ask, I said that there were still two days to arrive; I asked again, and said that it would be half a month, and the first two days said that it would be another month... There was simply not a word of truth. The solution given by the 4S shop is to add 9,000 yuan and change it to a high-end model, but there is only one more sunroof, which we feel unnecessary and do not agree. Now the 4S shop has nothing to say, and the two children go to school every day in the rain, which is very sinful.
Ms. Pan:
On October 26, 2021, I purchased an Euler black cat electric car at the Hangzhou Baoyun 4S store at No. 507 Shixiang Road, and the contract agreed that the pick-up time was about 2 and a half months, but the 4S store has so far replied that there is no car, and there is no accurate delivery time. 4S shop suggested that we change to a low-end version of the existing car, we are not willing, so far there is no solution.
Mr. Chi:
On November 9, 2021, at the Tesla Delivery Center on Moganshan Road in Hangzhou, A 2021 Tesla Model Y after-drive version was booked, with an advance deposit of 1,000 yuan, and the delivery time given at that time was 6-10 weeks, and later said that it would be 12-16 weeks. Now that the delivery time is almost up, Tesla sales consultants have responded that the 2021 model has been discontinued and has helped me change to the 2022 model. I disagree, one is that this is their unilateral approach, not discussed with me; the second is because the power performance of the new model has dropped, the old version of the 100 km/h acceleration is 5.6 seconds, while the new version is 6.9 seconds. I think this is Tesla's default, which is a unilateral overlord approach.
Ms. Qi
At the end of October 2021, he ordered an Euler black cat at the Hangzhou Baoyun 4S store at No. 507 Shixiang Road in Hangzhou and paid a deposit of 5,000 yuan, when the sales staff said that the car could be delivered in December 2021, but there was still no car until December 2021. On New Year's Day, the sales staff promised to get to the car on January 20. Because we urgently need a car, on January 16, we went to the 4S store to inquire, and the sales staff said that there was still no car, but there was a high-end version of the existing car, so let's buy this car instead.
Mr. Chen:
At the beginning of January this year in Hangzhou Baipeng Great Wall 4S store booked a white Great Wall latte SUV, paid a deposit of 2,000 yuan and 3,000 yuan financial service fee, agreed to pick up the car on January 20, the result was the day of the car pick-up, Hangzhou Baipeng said that there was no white Great Wall latte, let me pick up the black car, I do not recognize, ask for a refund of the fee, the deposit is immediately refunded, but the financial service fee has not been refunded, urged several times, Hangzhou Baipeng is delayed, until I hit 12345 after the money was returned to me. I will never go to this 4S store to buy a car next time.