October 2021
The Foshan Municipal Council received a complaint from Mr Leung, a citizen:
Mr Leung bought a car in June last year
But in October on the way by car
There was a problem with the vehicle
Found after repair at the 4S shop
The car has a case of oil leakage from the cylinder block
To this
The 4S shop said it was responsible and replaced the engine for the vehicle
But Mr. Liang disagreed and demanded that the car must be changed
The two sides have their own views and cannot reach a consensus
The 4S shop only wants to change the engine
Is it irresponsible to evade the three packages of the car?
Is Mr. Leung's demand for a car change reasonable?
Junjun explains it to you in detail!
Lawyer Shao Jianhua of the Foshan Municipal Consumer Council Lawyer Advisory Group said:
According to the provisions of the "Provisions on the Responsibility for Repair and Replacement of Household Automobile Products", only if the car has a fuel leakage problem within 60 days from the date of issuing the purchase invoice or within 3,000 kilometers of the mileage, it meets the conditions for free return and replacement. Mr. Liang's vehicle does not meet the other conditions in the regulations that can be returned or replaced.
The merchant should do its best to repair the car for the consumer Mr. Liang, and Mr. Leung should also follow the regulations without excessive rights protection.
When a dispute over the liability of the three guarantees arises, it can be resolved through the following channels:
First, consultation and reconciliation;
The second is to request mediation from the local consumer committee or other mediation organization established in accordance with law;
The third is to complain to relevant administrative organs such as market supervision and management departments;
The fourth is to submit to the arbitration institution for arbitration according to the arbitration agreement reached by the parties; the fifth is to file a lawsuit with the court.
No matter what kind of rights protection, the most important thing is to preserve the evidence!
Junjun reminds consumers: First, it is necessary to properly keep the documents on the car such as the three-pack voucher. The second is to raise awareness of evidence. Whether the car is faulty, the failure time and the number of repairs related to return and replacement, etc., all require consumers to have the awareness of safeguarding their own rights and interests, and the evidence related to the three guarantees should be collected and properly preserved.
Legal basis
Provisions on Liability for Repair, Replacement and Return of Household Automobile Products
First, household automobile products from the date of the validity period of the three guarantees within 7 days, due to quality problems need to replace the engine, transmission, power battery, driving drive motor or its main parts, consumers can choose to replace the household car products or return with the car purchase invoice, three guarantees of vouchers. The seller shall replace or return the goods free of charge.
Second, household automobile products from the date of the validity period of the three guarantees within 60 days or within the mileage of 3,000 kilometers (whichever comes first), due to quality problems in the steering system failure, brake system failure, body cracking, fuel leakage or power battery fire, consumers can choose to replace the household car products or return with the car purchase invoice, three packages of vouchers. The seller shall replace or return the goods free of charge.
3. In any of the following circumstances during the validity period of the three guarantees, if the consumer chooses to replace the household automobile product or return the product with the car purchase invoice or the three guarantee voucher, the seller shall replace or return the goods:
(1) Where repairs have been made twice due to serious safety performance failures, but the faults have not been ruled out or new serious safety performance failures have arisen;
(2) The engine, transmission, power battery, and driving drive motor have been replaced twice due to their quality problems, and they still cannot be used normally;
(3) The same major parts of the engine, transmission, power battery, driving drive motor, steering system, brake system, suspension system, transmission system, pollution control device, and body are replaced twice due to quality problems, and still cannot be used normally;
(4) The cumulative repair time due to quality problems exceeds 30 days, or the cumulative repair time due to the same quality problems exceeds 4 times.
The validity period of the fourth and third guarantees is different from the repair period. The warranty period shall not be less than three years or 60,000 kilometers, and the validity period of the three guarantees shall not be less than 2 years or 50,000 kilometers. The extension of the term can be negotiated with the seller.
Fifth, the steering system, braking system, suspension system, front / rear axle, the main parts of the body are clearly indicated by the producer on the three-pack voucher, and the consumer can judge whether the faulty parts lead to the consumer having the right to change and return the car according to the content of the three-pack certificate.
Sixth, the documents for applying for car replacement and return are only three package certificates and car purchase invoices.
7. The seller who replaces household automobile products or returns the goods for the consumer shall compensate the consumer for the following losses:
(1) Vehicle registration fees;
(2) The cost of decoration and decoration collected by the seller after deducting the corresponding depreciation;
(3) Relevant service fees collected by sellers from consumers.
Relevant taxes, fees and insurance premiums shall be implemented in accordance with the relevant provisions of the State.
8. Where consumers replace household automobile products or return goods in accordance with the provisions of the first paragraph of Article 24 of these Provisions, they shall pay compensation fees for the use of household automobile products to the seller. The compensation fee is calculated as follows:
Compensation fee = car price (yuan) × mileage (km) / 1000 (km) ×n.
The use of compensation coefficient n is determined by the producer and expressly stated on the three-pack voucher. The compensation factor n shall not be higher than 0.5%.
9. If the seller receives the consumer's request for replacement of household automobile products or return of the goods within the validity period of the three guarantees, he shall reply to the consumer within 10 working days from the date of receipt of the relevant requirements. Where the conditions for replacement or return are not met, the reasons shall be explained in the reply.
Where the conditions for replacement or return are met, the seller shall complete the replacement or return for the consumer within 20 working days from the date on which the consumer submits the request for replacement or return, and issue a certificate of replacement or return of the car; if the replacement of the household automobile product cannot be completed within 20 working days, the consumer may request the return, except for the delay caused by the consumer's reasons.
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Source: Foshan Consumer Council
Editor: Zhang Langhui
Proofreader: Zhou Junliang
Editor-in-Chief: Huang Weijing