Xiaopeng owner pays the deposit and postpones the delivery of new energy vehicles encounter battery supply problems

▲ The Xiaopeng P5 model mentioned by the owner before

Red Star News reporter | Lu Yanfei

Editor| Pan Li

On March 15 this year, new energy vehicles became one of the focus areas of consumer rights protection.

Some Xiaopeng car owners told Red Star News that the P5 model ordered in October last year was delayed in delivery, and users who installed charging piles need to deduct 2,000 yuan disassembly fee if they return the car. A month has passed since february, and the Xiaopeng P5 460E still has no delivery plan and has not given a compensation plan.

"Although new energy vehicles have to wait for a period of time, Xiaopeng ignores the feelings of consumers and transfers the difficulties encountered by enterprises in the big environment to consumers." Finally, after negotiations, Xiaopeng Automobile Store promised on March 10 that it would no longer charge disassembly fees.

User testimonials

There was no mention of the car for 5 months after paying the deposit

The cancellation fee of 2,000 yuan is also deducted

Ms. Zeng ordered a P5 460E at the MixC Experience Store in Ganzhou City, Jiangxi Province, last October.

"At the beginning, the sales staff said that it was possible to pick up the car for up to two months, but because of Xiaopeng's insufficient production capacity and battery supply problems, the car was delayed." Ms. Zeng told Red Star News that the pick-up time was delayed for several months, and when she went to the store to communicate with the sales staff, she was told to continue to wait, and the delivery time could not be determined.

▲ In December last year, the sales staff said that the car could be mentioned before Chinese New Year's Eve

The sales staff told Ms. Zeng that if she chose to change the allocation, she could give priority to picking up the car. However, Ms. Zeng learned that the battery used in the rematched model was not produced in the Ningde era, and the specific manufacturer could not know, and Ms. Zeng bought Xiaopeng Automobile in large part because she looked at the battery quality of the Ningde era.

"Xiaopeng wrote about the suppliers of several manufacturers, we do not know what kind of battery we can get, and the external unified claim is the battery assembled by Xiaopeng Automobile itself." Ms. Zeng said that she was more concerned about battery brands, "I can't say that I spent more than 100,000 yuan to buy a car, and for no reason changed from a first-line brand to a second-line and third-line battery brand." ”

On the official website of Xiaopeng Automobile, it does not indicate the brand and performance of the battery used in the car, but it is introduced more in terms of appearance design and intelligence. Ms. Zeng told Red Star News, "There is also a plan to return the car, because my charging pile has been installed in the early stage, they said that the cost of disassembly and assembly also has to be borne by me, I paid 5,000 yuan (deposit), and finally I can only refund 3,000 yuan to me." ”

Ms. Zeng said that if the car is not delivered on time, there is no use in charging the pile, not to mention that the Staff of Xiaopeng Automobile came to install it by themselves, and now the car cannot be lifted, and the responsibility for dismantling the charging pile is not in her, so she cannot accept the deduction of 2,000 yuan for Xiaopeng Automobile.

▲ In early March, the sales staff said that they needed to charge a disassembly fee of 2,000 yuan

Ms. Zeng said that she understands that new energy automobile companies generally have to wait for two or three months due to production capacity problems, "We are willing to buy cars in growing enterprises, which is originally an affirmation and support for Xiaopeng." However, Xiaopeng ignored the feelings of consumers and completely transferred the difficulties encountered by enterprises in the big environment to consumers. Subsequently, Ms. Zeng called the official phone of Xiaopeng Automobile and did not get effective information, which made her feel that Xiaopeng Automobile's information was extremely opaque.

In the Xiaopeng Automobile exchange group, Ms. Zeng saw that some car owners in Hangzhou, Shenzhen and other cities had delivered in advance, and their sales staff could not give a reasonable explanation for why Ganzhou City did not deliver the vehicle.

The Red Star News reporter saw that in the purchase agreement drawn up by Xiaopeng Automobile, regarding the delivery issue, it was written that "Xiaopeng Automobile will deliver the car to you within the contract time after the car you ordered arrives at the store and your purchase price has been paid in full, and Xiaopeng Automobile will deliver a series of car documents such as warranty maintenance manuals and user manuals to you at the same time", and said at the same time, "If you cannot receive the car in time, please contact the staff of Xiaopeng Automobile to request an extension of receiving the car." Xiaopeng Motors may decide whether to agree to your request (extension is limited to one time). ”

Obviously, the clause does not state how long the user can wait after submitting the order to mention the car, and what kind of liability should be borne after the default of the delivery time promised by the sales staff of Xiaopeng Automobile.

Xiaopeng Motors responded

Apologies are expressed for late deliveries

Agreed to refund the deposit without disassembly fee

In response to Ms. Zeng's complaint, Mr. Zou, a salesperson at Xiaopeng Automobile Experience Store in Ganzhou, Jiangxi, said that the Xiaopeng P5 460E version could not be ordered nationwide, and there was a problem when it was delivered to November last year.

"Now jiangxi ganzhou has a new policy, can not mention the car charging pile will not charge demolition fees, refund 5,000 yuan, charging pile we have to take away." Mr. Zou told Red Star News that he was not clear about the specific reasons why this version of the car could not be booked, "which may be the cause of the shortage of batteries or chips." Now Xiaopeng Automobile has provided customers with three solutions, either waiting for the car, or reassigning, or refunding.

Mr. Zou complained that some car owners are reluctant to change the match, "Just don't like that version, let's how to change?" Mr. Zou also believes that the plan given by Xiaopeng Motors is not very reasonable, but now it can only maintain the relationship with customers.

For other cities mentioned by Ms. Zeng, some car owners have mentioned cars, Mr. Zou said that at that time, he asked about the Guangdong directly operated store, and the other party said that there was no Xiaopeng P5 460E model. "Xiaopeng came in the order of order, everyone did not know each other, would not let people cut in line, and the brand image was not good." Mr. Zou said that there were no delivery problems with this version when Ms. Zeng ordered the car.

In late February, in response to the problems encountered by some car owners such as the failure to deliver P5 orders on schedule, Xiaopeng Motors officially responded that due to the impact of the epidemic, the industry is facing an extreme shortage of core parts supply, which has also brought great uncertainty to the production of Xiaopeng P5 460 models, resulting in the overdue delivery of 460 model orders, and Xiaopeng Motors apologizes.

Xiaopeng Automobile also said that at present, according to the latest scheduling plan, it has sorted out customers who are expected to have overdue risks, contacted customers one-on-one through sales staff, understood customer needs, and assisted customers in need to complete the procedures for reassignment or cancellation. If the customer chooses to change the configuration, Xiaopeng Automobile will retain the preferential policy of the original order, if the customer chooses the worry-free unsubscribe service, Xiaopeng Automobile will bear the cost of the owner recovering the charging pile during the unsubscription process free of charge.

But when Ms. Zeng sent the news to the sales staff in Ganzhou, Jiangxi, the other party said that Ganzhou did not have this policy, and it was not until March 10 that she promised not to charge 2,000 yuan for the removal of charging piles.

▲Ms. Wu ordered the Xiaopeng G3i

"3-day hesitation period" dispute

Sales: After the hesitation period, you cannot unsubscribe

User: I didn't know there was a hesitation period

Ms. Wu from Wuxi, Jiangsu Province, also encountered problems after delivering a deposit of 5,000 yuan.

On January 16 this year, Ms. Wu was planning to see the Audi Q2L after test driving the Xiaopeng G3i model, and the sales staff said that they could pay a deposit of 5,000 yuan first, and if they were not satisfied, they could refund it.

After paying the deposit, Ms. Wu checked the news and found that the discount on the battery life of Xiaopeng Car was very serious, and some Xiaopeng car owners advised her not to buy it before. "I also saw Xiaopeng Automobile's Offline store in Yunnan doing things." Ms. Wu told Red Star News, "I feel that driving has no sense of security, does Xiaopeng Automobile rely on methods to ensure the safety of car owners?" ”

However, when Ms. Wu asked for a refund, the other party told her that she had passed the 3-day hesitation period and could not cancel the subscription. As of now, Ms. Wu has not installed a Xiaopeng car charging pile, and she does not know when she will be able to mention the car.

When Red Star News contacted Mr. Chai, a salesman, he said that Ms. Wu did order a car, and the vehicle had been arranged for production in the workshop, "If you don't want it because you are in a bad mood, in this case we will not return." Refunds can only be made if the loan is not approved due to personal qualification problems. Mr. Chai said that at present, Ms. Wu's loan has been approved, the charging pile is being surveyed, and all the procedures have been completed, "Affected by the mood of the Yunnan store, I think this is not an objective reason." ”

Mr. Chai said that after the Yunnan store incident, Xiaopeng Automobile issued a document apologizing for the adverse impact of the misconduct of individual stores on the public, and ordered the store to immediately close for rectification and remove it from the official website.

Mr. Chai also said that Ms. Wu had been told that there was a 3-day hesitation period when submitting the deposit, "I told her that I signed a contract to perform a certain spirit of the contract, and did not say that there was an unconditional refund, so what is the purpose of signing the contract?" Mr. Chai said that Xiaopeng Automobile did not force the purchase and sale, the sales price was also unified nationwide, and the order was a real-name system.

Ms. Wu said that she did not know the "3-day hesitation period" at that time, but only felt that Xiaopeng Automobile had a relatively high technology content before planning to buy it. On the black cat complaint platform, some users said that they were rejected within 72 hours because the down payment was not enough to ask for a refund of the deposit, and the black cat complaint platform showed that Xiaopeng Automobile was being processed.

At present, Ms. Wu is complaining to the relevant departments and hopes that the problem will be satisfactorily resolved.

【Experts】

Xiaopeng Automobile has been delayed in delivering the car

The user has the legal right of rescission

How is the fate of Ms. Zeng in Ganzhou, Jiangxi legally determined? Cao Xinya, director of Jiangsu Sanwen Law Firm, believes that Xiaopeng Automobile has been delayed in fulfilling its delivery obligations and has been delaying performance, resulting in the inability of Ms. Zeng to purchase a car, and Ms. Zeng enjoys the statutory right of termination.

"Xiaopeng Automobile's official response said that the owner no longer charges the cost of dismantling the charging pile during the cancellation process, and the effect of this unilateral commitment is retroactive to all Xiaopeng self-operated stores, which should be regarded as part of the contract, and its Jiangxi Ganzhou store said that the above commitment does not apply, which obviously has no legal and factual basis."

Lawyer Cao told Red Star News that the delivery period promised by the sales staff of Xiaopeng Automobile during the delivery process can be regarded as Xiaopeng Company's commitment to Ms. Zeng's delivery period, and repeatedly changing the delivery period is contrary to the principle of good faith of the contract. "As for Ms. Zeng's losses, the losses arising from the performance of the contract can be claimed from Xiaopeng Company. If the contract stipulates that the special liquidated damages will be paid late, Xiaopeng Company can also be required to bear the liability for breach of contract. ”

As for the situation of Ms. Wu in Wuxi, Jiangsu Province, Lawyer Cao believes that if Xiaopeng Automobile has used bold form to remind the customer in the standard terms of the subscription letter, that is, to inform the customer that there is a 72-hour hesitation period, then it can be regarded as having fulfilled the notification obligation of the standard terms, and Ms. Wu's claim is difficult to support in law.

In addition, Yan Jinghui, a member of the expert committee of the China Automobile Circulation Association, believes that Xiaopeng Automobile has repeatedly experienced delivery problems, and should consider that its own production capacity can no longer support the scale of sales, and the right space for sales personnel in the case of insufficient production capacity is relatively large, resulting in a disconnect between sales targets and actual delivery, which is also a common problem encountered by new energy vehicle companies. For the delivery date of the best-selling models, most of them are also estimated by the sales staff.

"Therefore, when new energy vehicle companies have problems, they should communicate with consumers in a timely manner, rather than turning a blind eye or using various excuses to shirk it." Yan Jinghui said that as long as the relationship with consumers is handled well, the brand reputation can be maintained.

Zhang Xiaorong, president of the Deepin Science and Technology Research Institute, told Red Star News that if Xiaopeng Automobile requires it to be replaced by a lower configuration during the reassignment process, the news is verified or suspected of commercial fraud. Zhang Xiaorong analyzed that due to the shortage of core accessories, the company's tight funds, innovative technology bottlenecks and other reasons, the scheduled vehicles will be difficult to deliver, which has occurred at home and abroad. "It should be noted that in a mature market, the company as a seller should show sincerity and give consumers enough respect or compensation in order to try to win consumer understanding and public understanding."

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