More than 3 million yuan Bentley driving more than 1,000 kilometers failed, can the company apply the three-guarantee regulations when purchasing a car?
It cost more than three million yuan to buy a Bentley sedan, which broke down after driving for less than 4 months and more than 1,000 kilometers. Recently, Mr. Chen from Nanchang, Jiangxi Province, reported to The Paper that after the Bentley car purchased by his company broke down, the 4S shop refused to replace or return the car on the grounds that the car purchased by the company did not apply the "Regulations on the Responsibility for Repair, Replacement and Return of Family Automobile Products" (hereinafter referred to as the "Three Guarantees for Automobile Regulations").
The lawyer analyzed that the Consumer Rights Protection Law and the Provisions on the Three Guarantees for Automobiles do not apply to the purchase of a car as a corporate legal person, but if the two parties have a special agreement to implement the Provisions on the Three Guarantees for Cars when signing the purchase and sale contract, it should be regarded as the autonomy of both parties, and the Regulations on the Three Guarantees for Automobiles shall also apply. However, the Bentley car has been delivered for more than 60 days, so it does not meet the conditions for replacement or return, and Mr. Chen's side can request the 4S shop to replace the corresponding parts for free and make a certain compensation claim.
More than 3 million yuan luxury car drove more than 1,000 kilometers to fail
"Spending 3.97 million yuan to buy a Bentley, only driving more than 1,000 kilometers, there were 8 failures!" Recently, Mr. Chen from Nanchang, Jiangxi Province, reported to the surging quality concept complaint platform (https://tousu.thepaper.cn) that his company purchased a Bentley Flying Spur V8 sedan at the Bentley Nanchang 4S store in February this year, and less than four months after picking up the car, there were many failures such as steering system failure.
The Bentley sedan purchased by Mr. Chen's company has been parked in the 4S store after the breakdown. Surging news reporter Luo Zhenyu Photo
Mr. Chen, the deputy general manager of Jiangxi Yada Industrial Co., Ltd., said that the Bentley sedan was picked up on February 15, purchased in the name of the company, and registered in the company's name. On June 6, the vehicle suddenly failed its steering system after starting, and the steering wheel could not turn. "At that time, the company's leaders were preparing to take this car to the field to do errands, but fortunately they were not on the road, and if there was a situation on the highway, the consequences would be unimaginable." Mr. Chen said that after calling the 4S shop to reflect, the car was towed back to the 4S store, and after the technician in the store tested, the vehicle prompted a total of 8 faults such as power steering system, chassis control system, and lane change assist system. Since then, Mr. Chen, on behalf of the company, has repeatedly asked the 4S shop to return or replace the car, but he has been refused.
According to the purchase invoice provided by Mr. Chen, the price and tax of the Bentley sedan totaled more than 3.59 million yuan. "The total price of the car was more than 3.59 million yuan, plus the purchase tax, insurance purchased in the 4S store and other expenses, and finally landed a total of 3.97 million yuan." Mr. Chen said, "Bentley, as a high-end luxury car brand, only drove more than 1,000 kilometers to expose quality problems, and it is the failure of important components related to driving safety, we already have a psychological shadow, if we do not completely eliminate the potential safety hazards, we will definitely not dare to drive or sit again." ”
Mr. Chen said that they asked the 4S shop to replace the new car free of charge or return the car for a refund in accordance with the "Three Guarantees for Cars" regulations. "If it is a refund for returning the car, our company is willing to bear the loss of 100,000 yuan to 200,000 yuan by itself, that is, the 4S store must refund us at least 3.77 million yuan while returning the car, otherwise it is difficult for us to accept." He added.
4S shop: Free replacement of parts and appropriate compensation
The "Vehicle Purchase and Sales Contract" stated that the business entity of the Bentley Nanchang 4S store was Jiangxi Harmony Bingchi Automobile Sales and Service Co., Ltd. According to public information, Bentley entered the Jiangxi market in November 2020, and Jiangxi Harmony Bingchi Automobile Sales and Service Co., Ltd. is an authorized dealer of Bentley Motors in Jiangxi Province.
On June 29, the surging news reporter and Mr. Chen came to the Bentley Nanchang 4S store to learn about the situation. For vehicle failures, a staff member in charge of after-sales in the store explained that although the detection shows 8 faults in the vehicle, it does not necessarily mean that there are actually 8 faults, "The car is a complex electrical system, and after a fault, other safety equipment may also send out fault signals." At present, the main failure point of this Bentley sedan is the steering assembly. "Then, after replacing the steering assembly, will the other fault warning signals disappear together?" You won't know until it's replaced. The staff member said, "At present, the customer does not agree with the plan to change the steering assembly, so we cannot guarantee 100%. ”
For Mr. Chen's request to change or return the car, Manager Yue, the person in charge of the 4S store, responded that the Bentley sedan was purchased in the name of Mr. Chen's company, not an individual consumer, and did not apply to the "Car Three Guarantees Regulations", and even in accordance with the "Car Three Guarantees Regulations", the validity period of the replacement or return of the car is required to be within 60 days or within 3,000 kilometers of driving mileage, the two conditions are subject to the first to come, and the Bentley car has exceeded the 60-day period when it fails, and it does not meet the conditions for return. Manager Yue said that according to the policy, only faulty parts can be replaced free of charge in the store, "In addition, from the perspective of customer care, we are willing to make appropriate compensation, such as giving away some vehicle maintenance services." ”
In April 2022, some netizens posted on the "Ask Politics Jiangxi" online platform to reflect the quality problems encountered in the process of purchasing Bentley cars. Source: Website screenshot
The Paper noted that this is not the first time that Bentley's Nanchang 4S store has been complained by consumers. In April 2022, some netizens posted on the local online political platform "Ask Politics Jiangxi" that they ordered a Bentley sedan in Jiangxi Harmony Bingchi Automobile Sales and Service Co., Ltd. in September 2021, and the vehicle was delivered in late March 2022, and only one week after delivery, it was found that the vehicle had defects such as jumping the gun when refueling, resulting in the fuel tank not being full, missing the internal baffle of the right rear door handle, and sometimes driving in rainy days, there will be defects such as the continuous alarm of the car perimeter. After the relevant departments and the company replied, the netizen gave a dissatisfactory evaluation of the processing results.
Whether the three-guarantee regulations can be applied to the purchase of a car in the name of the company
Is Mr. Chen's claim for replacement or return of the car grounded in law? Can vehicles purchased in the name of the company be subject to the "Three Guarantees for Automobiles"?
In the Vehicle Purchase and Sale Contract, the two parties made additional agreements on the clauses in the "Agreement on Repair, Replacement and Return". Surging news reporter Luo Zhenyu Photo
Gao Peng, a lawyer at Jiangxi Ganhao Law Firm and associate professor of law at Jiangxi Agricultural University, believes that because the Bentley car was purchased in the name of the company, the purchase entity was a legal person rather than a natural person (ordinary consumer), and the purchase purpose was not for household use, and generally did not fall within the scope of application of the Consumer Rights Protection Law and the Three Guarantees for Automobiles. However, Gao Peng noted that in the "Vehicle Purchase and Sale Contract" of the Bentley car, the two parties additionally agreed that "matters not covered by the above terms shall be implemented in accordance with the national regulations on the repair, replacement and return of automobile products, the regulations on the maintenance and management of motor vehicles and the manufacturer's regulations and operating procedures on the repair, replacement and return of automobile products", which belongs to the autonomy of both parties and is not prohibited by law, so according to the additional agreement between the two parties in the contract, the Bentley car can also be applied to the " Regulations on three guarantees for automobiles".
Article 23 of the "Provisions on Three Guarantees for Automobiles" stipulates that if a family car product fails to malfunction the steering system, brake system failure, body cracking, fuel leakage or power battery fire due to quality problems within 60 days from the date of calculation of the validity period of the three guarantees or within 3,000 kilometers (whichever comes first), consumers can choose to replace the family car product or return it with the purchase invoice and the three-guarantee voucher. The seller shall replace or return the product free of charge.
Gao Peng further analyzed that according to the "Three Guarantees for Automobile Regulations", although the Bentley car has a mileage of less than 3,000 kilometers, but the delivery time has exceeded 60 days, so it does not meet the conditions for replacing or returning the car, but Mr. Chen's side can require the 4S shop to replace the corresponding parts for free and put forward certain compensation claims. "For the applicable legal provisions or compensation standards, if the two parties have objections, it is recommended that they can try to negotiate a solution first." Gao Peng said, "After all, if you take the litigation route, it will be time-consuming and labor-intensive for both parties. ”
Zang Hongmei, a lawyer at Beijing Yingke (Nanchang) Law Firm, agrees with Gao Peng, "Specific to the Bentley, the "Three Guarantees for Automobiles" can be applied in accordance with the contract. She reminded that when signing the car purchase contract, the terms of car repair, replacement and return must be clarified, and the relevant invoices and vouchers in the purchase process must be kept to protect their legitimate rights and interests to the greatest extent. If the contract amount is high, you can also consult a legal professional in advance when buying a car.