Mr. Tang bought the car less than three years, the gearbox because of oil leakage to repair and replace the parts, repeated repairs are not good, 4S shop finally determined that it is the transmission manufacturing defects. In this regard, Mr. Tang asked the other party to replace the new gearbox assembly and extend the warranty of the whole vehicle for two years, but the 4S shop was unwilling. Later, Mr. Tang reflected it to the Consumer Association and local regulatory authorities, and the other party also said that he could not intervene. As of now, the two sides are still in a stalemate.
Owner experience
Transmission oil infiltration repairs have been ineffective many times
Mr. Tang reflected that in July 2019, he spent nearly 1 million yuan to buy a Land Rover Range Rover Sport New Energy 2020 P400e SE.
The new car has only been in operation for about a year, and the gearbox has been seeping oil. Therefore, Mr. Tang drove the car back to Dongguan CRC Southern Jaguar Land Rover 4S shop for repairs. At first, the maintenance technician changed the rubber ring of the tubing for him.
However, after the change, the car used for several months, or there was an oil leakage phenomenon, and later the other party changed the sealing ring for him, and the oil leakage situation still could not be solved. After that, even the tubing assembly was replaced, and it was repaired a total of four times before and after, or the oil leaked.
Finally, the 4S shop maintenance technician told him that it was a manufacturing defect in the gearbox, and the shell had trachoma and could not be repaired. Therefore, Mr. Tang proposed to the store to replace the gearbox assembly and extend the warranty of the whole vehicle for two years.
Moreover, because Mr. Tang learned that among the car owners who bought the car, there were also two owners of the vehicle who also had the situation of transmission oil leakage, in addition to replacing the gearbox, they also got 10,000-20,000 yuan of manufacturer "goodwill compensation" according to the number of repairs.
Therefore, he proposed that if he had repaired it four times, he should also receive a total of 12,000 yuan in cash or vouchers according to the regulations. However, the 4S store did not agree, insisting that it could only apply for the replacement of the gearbox assembly according to the regulations, and extended the warranty for the core components (gearbox) for one year. The "goodwill compensation" proposed by Mr. Tang was also rejected.
The oil leakage phenomenon of Mr. Tang's vehicle transmission has been repaired repeatedly. (Courtesy of the owner)
Later, Mr. Tang complained to the local consumer association. Since the car was licensed in the name of the company, the local consumer association also said that it was not within the scope of acceptance.
The Consumer Association replied that Article 17 of the Guidelines for the Work of Consumer Associations on Accepting Consumer Complaints May Not Accept Complaints under the following circumstances: (1) it is not necessary to purchase, use goods or receive services for daily consumption; (3) disputes arise between business operators due to purchase and sale activities; after verification of the annex, the purchaser is a company, which does not belong to the needs of daily life consumption and is not within the scope of mediation of our bureau's functions. It is recommended to negotiate on your own, and if the consultation is not successful, it can be resolved through legal means.
Subsequently, Mr. Tang called the Liaobu Branch of the Dongguan Municipal Market Supervision and Administration Bureau to report the matter. However, the other party also said that it could not intervene.
Reporter tracking
The dealer said that the "two-year extension of the whole vehicle" did not meet the regulations
For Mr. Tang's experience this time, Nandu reporter interviewed the staff of the after-sales department of Dongguan Caucus Southern Jaguar Land Rover 4S store.
The after-sales staff surnamed Yuan, who has been docking Mr. Tang's repair service to the store, introduced that they could not solve the oil leakage problem after repairing Mr. Tang's vehicle transmission many times. Therefore, they believe that the regulations for the replacement of the gearbox have been complied with. When Mr. Tang asked for the replacement of the part, the store also agreed. However, on the issue of extending the warranty raised by Mr. Tang, the two sides have serious differences. According to the manufacturer's regulations, the store can only apply for a one-year extension of the core components (transmission), while Mr. Tang put forward a two-year extension of the whole vehicle, which they believe is unacceptable. As the two sides have been deadlocked on the issue, as of Wednesday, Mr. Tang had not agreed to a plan to replace the gearbox. In the near future, the two sides have not further communicated on this matter.
The Nandu reporter learned from another staff member of the store's after-sales department that the "goodwill compensation" mentioned by Mr. Tang also depends on the maintenance situation of each car owner and will not be issued uniformly. Among them, this needs to be based on the maintenance results of the vehicle, the plan or compensation plan given by the maintenance staff entering the store, etc., and according to the actual situation of the individual vehicle, in order to give a reply. Although Mr. Tang pointed out that other car owners have also received "goodwill compensation" cash or vouchers from manufacturers because of the same problems with the gearbox, there are different treatment results for different maintenance situations. This depends on whether the results of the repair of his vehicle and the vehicle of other owners in the store are the same, and the maintenance plan or compensation agreement given by the technician in the store is determined.
Nandu reporter contacted the Liaobu Branch of Dongguan Municipal Market Supervision and Administration Bureau, and a staff member responded that if it is a transaction dispute between ordinary consumers and the company, they can accept it. But if the buyer is the company, they don't have permission to deal with it.
According to the staff member, it depends on whether the vehicle must be registered on the vehicle's driving license as an individual or a company. If it is a company, even if the situation is reflected to them, they can only be transferred to other relevant departments for processing, so if the car is purchased with a company license, it is recommended to take the "people's mediation" channel to solve it.
Lawyers say
The owner's claim lacks legal basis
So, is Mr. Tang's claim reasonable and can it be supported by law?
Cao Peijie, a lawyer at Guangdong Huaan United Law Firm, told Nandu Reporter that according to the provisions of the National Automobile Three Guarantees Law, Article 24: If one of the following circumstances occurs during the validity period of the three guarantees, and the consumer chooses to replace the household automobile products or return the goods with the car purchase invoice or the three guarantee vouchers, 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 number of replacements of engines, transmissions, power batteries, and driving drive motors and the number of replacements of their main components is not repeated. The transportation time of the anti-theft system that needs to be customized according to the vehicle identification code (VIN), special parts such as the main line bundle of the whole vehicle and the power battery, as well as the time occupied by the way out to rescue, is not included in the repair time specified in item (4) of the first paragraph of this article.
Cao Peijie said that it can be seen that if the main body meets the provisions of the three guarantees, Mr. Tang's cumulative repair of the same quality problem can be returned and replaced. However, since he bought the car with a company license plate, the national car three packages are only applicable to family cars. Therefore, the main body does not apply to the three-pack provision. Of course, under this premise, the dealer voluntarily replaces it, which is a different matter.
The problem of extending the warranty after the replacement of the transmission, since the main body does not meet the provisions of the three guarantees, there is no longer any significance in implementing according to its contents. At the same time, in the three packages of the car, there are no detailed provisions on the extension of warranty. Therefore, Mr. Tang's claim for a 2-year extension of warranty lacks legal basis. In this case, the two sides need to reach a consensus. If the negotiation fails, either the owner accepts it or chooses to go to the court or arbitration commission to fight the case.
As for Mr. Tang, on the grounds that other car owners can enjoy "goodwill compensation", he proposed corresponding compensation conditions. From a legal point of view, his claim also lacks legal basis, and precedent cannot be the basis for his claim. From another point of view, the dealer's previous practice, because it is not explicitly stipulated and does not have consistency, is also likely to be used by consumers as a reference standard for solving the problem, which is objectively easy to cause obstacles to the solution of the problem.
Producer: Nandu Automotive Quality Observation Room
Written by: Nandu reporter Liang Luozhe