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Xiaopeng P5 delayed delivery to lead to rights protection, compensation or not compensation? Is a problem

Xiaopeng Automobile, a new car-making force, has once again fallen into a storm of rights protection.

A few days ago, a number of prospective owners of Xiaopeng Automobile carried out a rights protection activity, in addition to feedback problems in the user group, the network also began to appear car owners to Xiaopeng Automobile CEO Mr. He Xiaopeng joint letter, in addition, the major complaint platforms about Xiaopeng Automobile complaints also began to grow.

Different ways of enforcing rights revolve around the same theme, namely the issue of delayed delivery of the Xiaopeng P5 460 version.

Xiaopeng P5 delayed delivery to lead to rights protection, compensation or not compensation? Is a problem

According to user feedback, many prospective car owners around October 2021 to pay the deposit and sign a car purchase contract, for the car pick-up time, the sales staff has said to the user that the end of December can pick up the car, to December, the pick-up time was delayed to January, but in January, the delivery time was delayed again, and a large number of prospective car owners have not yet successfully picked up the car.

After successive delays, discontent was rife, users said they had suffered losses, and Xiaopeng Motors' solution was considered unable to solve the problem.

Delivery time is in doubt

It is not difficult to find out that the model mainly involved in the xiaopeng automobile user complaint case is the Xiaopeng P5 460 version.

It is understood that xiaopeng P5 launched a total of 460G, 460E, 550G, 550E, 550P and 600P six models when it was listed, and the "P", "E" and "G" in the model name represented the auxiliary driving hardware system of different gears, and the number represented different mileage. Among them, the P series models are equipped with two laser radars, which can be equipped with XPILOT 3.5 driving assistance system, the E series models can be equipped with XPILOT 3.0 driving assistance system, and the G series models are equipped with the basic XPILOT 2.5 driving assistance system. In February this year, Xiaopeng P5 added four new models, 460G+, 460E+, 510G and 510E, which were optimized and adjusted for configuration and endurance.

The contradiction of rights protection activities gathered on the delivery time, in the mouth of the user, the sales staff clearly informed the pick-up time when buying the car, starting in December, and later changing to January, but it was not cashed.

Xiaopeng P5 delayed delivery to lead to rights protection, compensation or not compensation? Is a problem

In this regard, the official also proposed a solution. A relevant person from Xiaopeng Automobile told auto headlines that due to the extremely tight supply of major components such as lithium iron phosphate batteries, the order for Xiaopeng P5 460 models could not be delivered in time within the expected delivery cycle of the next time. In this regard, Xiaopeng Automobile has sorted out the customers who are expected to have the risk of overdue, and will communicate one-on-one, such as the customer chooses to change the configuration, Xiaopeng will retain the preferential policies of the original order for the customer, if the customer chooses the worry-free unsubscribe service, Xiaopeng will bear the cost of the owner recovering the charging pile in the unsubscription process free of charge.

In the rights protection appeal, many users hope that Xiaopeng Automobile will give a compensation plan. Some users said that in the process of successive delays in delivery, due to policy changes, new energy subsidies declined, car insurance costs also increased, and they have suffered losses, in addition, according to the provisions of the contract for liability for breach of contract, if Party A does not deliver the vehicle on time, it should pay Party B a liquidated damages.

Xiaopeng P5 delayed delivery to lead to rights protection, compensation or not compensation? Is a problem

Although a large number of users indicated that the sales staff informed themselves of the delivery time, the car headline inquiry car purchase contract found that in the car purchase agreement signed by Xiaopeng Automobile and the user, the delivery of the car was stated that Xiaopeng Automobile would deliver the car to the user within a reasonable time when the car ordered by the user arrived at the store and paid the payment.

However, activist users believe that the store sales staff has repeatedly promised the delivery time at the time of car purchase and after the car purchase, which should be the basis for delivering the car.

Attribution of responsibility is a difficult problem

In fact, the P5 is not the only model under the Xiaopeng Automobile that has suffered rights protection due to delayed delivery, and the Xiaopeng P7 480E/N has the same problem.

Xiaopeng Automobile also explained the delay in delivery in December last year: affected by the epidemic, the industry is facing an extremely tight supply of lithium iron phosphate batteries, which has brought great uncertainty to the production of Xiaopeng P7 480E/N models, resulting in the inability to deliver 480E/N models in time within the expected delivery cycle at the time of the next booking, and Xiaopeng apologizes for this.

The official solution is also to let users unsubscribe, reassign or wait, there is no compensation plan.

Xiaopeng P5 delayed delivery to lead to rights protection, compensation or not compensation? Is a problem

In this storm, users believe that the damage to their rights and interests should be compensated, and the company is resolute, and there is a degree of progress and retreat, and it is reasonable and disciplined. The issue of responsibility for delayed delivery and the assumption of results has become a conundrum.

From the perspective of enterprises, delaying delivery is indeed helpless, after all, since last year, the shortage of power batteries is a major dilemma facing the industry. For the inability to deliver some models of Xiaopeng Automobile's P5 series and P7 series on time, Cui Dongshu, secretary general of the National Passenger Car Market Information Joint Association, said in an interview that at present, the raw materials such as chips and modules in the upstream of the automotive supply chain are insufficient, resulting in the impact of the delivery of the whole vehicle, and the commitment of the seller to make delivery time in this case may be difficult to achieve.

However, it is not a matter of course for users to bear the consequences of delayed delivery of vehicles. Some experts said that Xiaopeng Automobile did not stipulate a specific delivery time in the car purchase agreement, and was suspected of using standard terms to make unfair and unreasonable provisions that excluded or restricted consumer rights and reduced or exempted their own responsibilities, which were invalid clauses that had no legal effect.

Xiaopeng P5 delayed delivery to lead to rights protection, compensation or not compensation? Is a problem

At present, Xiaopeng Automobile is in a period of development and rise, and the problem of delayed delivery has not appeared in the near future, but from the perspective of sales, it seems that there is no obvious impact. In the second half of 2021, Xiaopeng Automobile's sales continued to grow. According to the data, in January this year, Xiaopeng Automobile delivered 12,922 vehicles, an increase of 115% year-on-year, and the delivery volume exceeded 10,000 units for five consecutive months.

Auto Headlines called an experience center of Xiaopeng Motors in Beijing to learn that at present, Xiaopeng Motors' Guangzhou plant has begun to put into operation, production capacity has gradually increased, and the shortage of chips and batteries in the industry has begun to gradually ease, and the P5 460 orders that were not delivered before the Spring Festival are expected to be delivered before the end of March.

With the passage of time, the storm will eventually end, but in this dilemma between enterprises and users, will there be a winner after the storm?

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