More than six years of cool car "Three Guarantees" re-departure. On September 21, the “Responsibility Regulations for the Repair, Replacement, and Return of Household Automobile Products (Consultation Draft)†was solicited for the public. For a time, the terms of the new regulations triggered hot debates in the industry and consumers. How to define "serious" security performance failure? In the process of returning the entire vehicle, who should bear the cost of the card, the insurance fee, and the relevant tax rate? Some of the "soft ribs" that existed in the "Three Guarantees" regulation of the automobile, experts and consumers made suggestions.
"soft ribs"
30 days free return period is too harsh
Within 30 days of the sale of the new family of automotive products, there are serious safety performance failures such as body cracking, braking, steering system failure, and fuel leakage that result from product quality problems. Consumers can choose to return, replace, or repair. If the consumer requests a return, the seller shall be responsible for a free return.
[Interpretation] There are quality problems that can be returned within 30 days of sale. Many day-to-day department stores are marked as such, but this may not be applicable to such bulk commodities as automobiles. Some consumers indicated that the 30-day free return time is obviously not enough. A new car must go through procedures such as formalities, vehicle inspections, and decoration from the time of purchase to the actual road. It takes a week or so to spend less, and many failures are too late. It was found that, especially for novice drivers, it is better to understand what the problem is. It is better to extend the 30-day period to 4 months.
In this regard, Yan Jinghui, deputy general manager of the Beichen Asian Games Village automobile trading market, said that the mentioning of cars, decoration, and maintenance may delay the verification of vehicles. The relevant departments should define the deadline according to the actual situation, or use the number of kilometers to evaluate. In addition, consumers will return vehicles involved in quality inspection departments, industry and commerce, taxation, insurance and other institutions, should develop supporting systems and measures for this series of links in order to avoid the emergence of "faults."
Consumer Ms. Bo said: “If a car has these problems in 30 days, how can it be delivered? And if it does happen, it’s just a return. These are personal security risks. The penalty was so embarrassing. Why couldn't the quality issue be pursued?†Ms. Bo believes that if there is a serious safety problem with the car within 30 days, it should also be blamed on the manufacturer while returning the vehicle, and the consumer should be given some compensation. In addition, the free return period should be at least three months. "A pair of leather shoes, if worn for a month, will have to be returned unconditionally, not to mention special products like cars," said Ms. Bo.
[Suggestions] Based on the opinions of some consumers and experts, the 30-day free return period should be changed to about 3 months, or the number of kilometres should be used instead. The process of returning vehicles should also be clear. Jia Xinguang, a well-known commentator in the industry, said that “30 days†should actually be changed to “the entire warranty periodâ€, which represents the confidence and responsibility of manufacturers for their products.
"Soft Ribs" II
Repair only 5 times before changing the car is difficult to hold live
If the new rules accumulate more than 35 days of repair time due to product quality problems, or if the same quality problems are repaired more than 5 times in total, consumers can change cars.
[Interpretation] In the three package regulations, manufacturers and consumers have different opinions. A spokesperson for a car manufacturer who spoke on condition of anonymity stated that even if a refrigerator is purchased, it may undergo repeated repairs. Cars belong to commodities, and if they can be easily returned and repaired five times, they will cause great pressure on manufacturers, and maybe there will be manufacturers who will not be able to dispose of the returned vehicles and re-package the problem vehicles. This is for consumers and manufacturers. It is said that rights protection work will be even harder to do, and all dealers in the country must be trained and adjusted, and the after-sales pressure is great. In this regard, we should look at the maintenance of the fault is a major problem or minor problems, how much impact on the vehicle, we must carefully choose to return, to repair the main.
Dealers also stated that manufacturers are directly responsible for the quality of products and that the Three Guarantees regulations will exert greater pressure on them, rather than at the dealer level.
The consumer, Miss Liu, believes that even if it is a minor problem, repeated maintenance is a kind of torture for the owner. Repairing the same quality problem five times is too much. In general, repairing more than two faults is already very serious, and everyone's tolerance for repeated repairs is only three times. It should be repaired twice to return the car.
Jia Xinguang believes that under such circumstances, manufacturers should take the position of consumers into consideration and be responsible for the product. Nowadays, department stores can basically be returned unconditionally. As a commodity, cars can be repaired many times, but they cannot be tolerated indefinitely. It's like a thief's habitual offender. The first two steals were caught. They may be locked for only three or five days. The third arrest will face decades of imprisonment. Yan Jinghui also said that this regulation is a severe test for manufacturers, but it is also an opportunity to shape the brand image in the domestic market.
[recommendation] Jia Xinguang stated that he participated in the revision of the "Car Three Guarantees" draft in 2004. At that time, the conditions for returning were "no more than three serious quality problems and no more than five general quality problems." Such regulations are more adaptable. At the time of the domestic situation, but now it seems that the draft of this draft is still similar to the draft before the 2004 discussion and it has not changed much.
"soft ribs" three
How to define "serious failure"
During the period of validity of the “Three Guarantees†of the vehicle, the new regulation has undergone two repairs for serious safety performance failures. Failures have not yet been resolved, or new serious safety performance failures have occurred. Consumers can choose to withdraw their vehicles.
[Interpretation] When the "Car Three Guarantees" draft was revised in 2004, there was an attachment about the fault definition standard, but this time the standard was very vague. Yan Jinghui said that the draft made this time has been quantified in all aspects, except that the "serious breakdown" has not been sufficiently detailed, and the accreditation body has not specified it.
Jia Xinguang said that in fact, after the failure criteria are listed, returning can be very easy. Consumers should be able to hold a car repair invoice twice to the consumer associations and other departments to apply for returning vehicles. The department can then call the manufacturers and distributors.
Miss Liu thinks that the definition of product quality in the regulations is rather vague and the concept is unclear. What is "serious"?
Who determines? All should set standards. Otherwise, serious failures occur but are not recognized, and manufacturers and distributors have the final say, which is what consumers are most worried about.
[Recommendations] Jia Xinguang and Yan Jinghui both suggested that the fault level should be certified by a third-party agency other than the General Administration of Quality Supervision, Inspection and Quarantine, and the manufacturer, and a specific breakdown grading standard should be listed for publicity.
The number of wholesale sales exceeded 10,000. Beijing Hyundai announced on Tuesday that its eighth-generation Sonata production of its mid-to-high-end strategic model exceeded 10,000 units in September, ranking among the best-selling mid- to high-end cars.
At the listing conference held in April, Beijing Hyundai announced its sales target of 6,000 vehicles. In the month of listing, sales exceeded 6,000 units, followed by sales volume gaining momentum. It exceeded 7,000 in August and exceeded 10,000 units in September, making it the first camp of the mainstream mid-range sedan. This not only completely reversed the predicament of Beijing Hyundai's “weakening†in the high-end market, but also greatly changed the existing market structure.
It should be said that the growth history of the eighth generation Sonata is not always smooth. In the second month after the listing, the macro economy showed signs of weakening, and the domestic passenger car market entered the off-season. As a result, overall sales volume fell for several consecutive months, and pessimism began to spread. At the same time, the mid-to-high-end car market has not been spared, and the overall decline has occurred. Competitors have significantly reduced their prices and promotions, giving the newly-listed eighth-generation Sonata a shot.
“The difficulties that faced at the time were not only the deterioration of the macro environment and pressure from competitors’ price cuts. When we announced that the sales volume exceeded 6,000 vehicles, there was a lot of skepticism in the media,†said Liu Zhifeng, deputy general manager of Beijing Hyundai. There is a reason for people's doubts. From Yu Xiang to Ling Xiang, the high-end car market in Beijing has failed to return. The sales volume of these two vehicles has been on the order of 2,000 vehicles, and an effective breakthrough cannot be made. When the eighth-generation Sonata came up, it would break through 6,000 cars, which would inevitably cause confusion."
As a mid-to-high-end model that shoulders heavy responsibility for the brand, the eighth generation Sonata has a strong product force.
At the same time, a number of creative marketing initiatives have also added “increasing diesel†to the sales of new cars. After the listing in April 2011, the special stores took the initiative to launch intimate services such as on-site trial ride test drive; in response to the severe market situation in May, they resolutely launched a “value-added repurchase†marketing initiative, which greatly improved the old customers. Brand loyalty; "5-year 100,000-kilometer vehicle warranty" and "1-year free roadside assistance" service have won popular support; forum marketing and microblogging marketing have come to fruition, and the proliferation of creative "microfilms" has caused network fever. Negotiations; the network "second kill" cable is in full swing in 85 years of use right; title sponsored world classic musical "Mamma Mia! 》National Tour, Super Sonata National Tour, etc... Beijing Modern’s careful deployment from top to bottom and from inside to outside makes the eighth-generation Sonata stand out from many mid- to high-end new cars.
"soft rib" four
The three-packet deadline becomes the "floor" standard
The period of validity of the “three guarantees†for the new regulations for household automotive products should not be less than two years or 40,000 kilometers, whichever comes first. The warranty period for major assemblies and systems should not be less than 3 years or 60,000 kilometers, whichever comes first.
[Interpretation] The above provisions limit the “three guarantees†of automobiles, that is, the automobile manufacturers must provide warranty for the vehicles they produce. The warranty period of the entire vehicle is more than 40,000 kilometers, and the engine and gearbox The assembly and system warranty periods are 3 years or more than 60,000 kilometers. It seems that this is a provision for the sake of consumers, but in fact the provisions of the warranty period is much lower than some of the auto companies now provide the warranty period.
In fact, Beijing Hyundai’s eighth-generation Sonata and Great Wall Motor’s Haval H6 have five-year or 100,000-km full-vehicle warranty. The warranty period is far greater than the time limit in the “Three Guarantees†regulation. The reporter learned that most automobile companies currently provide a vehicle warranty period of 3 years or 60,000 kilometers. Some auto companies also use the promotion and increase the sales volume of 4S stores for the purpose of extending the warranty period for some models.
According to industry insiders in the auto industry, the two-year 40,000-km warranty standard is too low. At present, most automobile companies provide quality assurance that is higher than this standard. “BYD F0, which sells for only 30,000 yuan, is owned by mini cars. For a three-year or 100,000-kilometer warranty, the 'Three Guarantees' regulation of the automobile does not make much sense in providing a two-year, 40,000-kilometer warranty.
[Recommendation] To increase the warranty period in the regulations, the validity period of the "three guarantees" for the vehicle should not be less than 3 years or 60,000 kilometers, and the quality assurance period for the main assembly and system should be increased to 5 years or 100,000 kilometers. Quality assurance standards are not only beneficial to consumers, but also allow automakers to pay more attention to product quality.
"soft rib" five
Corporate violation penalties are blurred
If the seller, manufacturer, or repairer of the new regulations fails to fulfill the “three guarantees†responsibility according to these regulations, consumers may appeal to the quality and technical supervision department, and the quality and technology supervision department shall order corrections. If the seller, manufacturer, or repairer intentionally delays or arbitrarily refuses, the quality and technology supervision department shall handle it in accordance with relevant laws and regulations and make it known to the public.
[Interpretation] With regard to the "Three Guarantees" regulation of automobiles, there is no supervisor, which is the key to whether the "Three Guarantees" policy of automobiles can be implemented. Although the current "Three Guarantees" policy stipulates that sellers, manufacturers, and repairers fail to fulfill the "three guarantees" responsibility according to the present regulations, consumers may appeal to the quality and technical supervision department, and the quality and technical supervision department shall order them to make corrections. But how much can a deterrent effect be given to an auto company or a car dealer simply by ordering a "correction?" If there are no specific penalties, how can the quality and technical supervision department ensure that auto companies or car dealers take responsibility for the "three guarantees"? Obviously, the current "Three Guarantees" vehicle lacks penalties for corporate violations.
According to industry sources, China’s “Contract Law†stipulates that if the quality does not meet the stipulations, it shall bear the liability for breach of contract in accordance with the terms of the parties concerned. The injured party may reasonably choose to require the other party to undertake repairs, replacements, redo, and returns in accordance with the nature of the subject and the size of the loss. , reduce the price or remuneration and other breach of contract responsibility. In addition, the "Consumer Protection Law" stipulates that if operators provide goods or services that cause damage to consumers' properties, they shall, in accordance with the requirements of consumers, repair, redo, replace, return, make up for the quantity of goods, refund the purchase price and service charges. Or take compensation for losses and other ways to bear civil liability. Both of the above laws have clarified the penalties and paid for express liability in the form of cash compensation. The “Three Guarantees†policy for cars can also be followed.
The “Three Guarantees†policy of the automobile also stipulates that if an auto company or an auto 4S shop intentionally delays or arbitrarily refuses, the quality and technology supervision department may handle it in accordance with relevant laws and regulations and publish it to the public. However, if there are no specific penalties, it can almost be said that it cannot be implemented. After all, it is not enough just to announce to the public.
[Recommendations] In the "Three Guarantees" policy of cars, it should be clear what kind of penalties are imposed on companies that have not fulfilled the "Three Guarantees" responsibility according to requirements. In addition to clarifying the content of civil liability compensation, it may also increase other forms of punishment, such as the cancellation of enterprises. Originally enjoyed policy preferences. In addition to the supervision of the quality and technical supervision department, it is proposed to increase the supervision of other departments.
Reporter observation
Third-party appraisal can reduce disputes Although most domestic consumer products, including household appliances, currently have "Three Guarantees" protection, the "Three Guarantees" rule has not yet been introduced. One of the main reasons is the car's accessories. Too many, there are too many possibilities for problems, and ordinary consumers do not have the ability to identify product problems. Therefore, it is often difficult for consumers to buy new cars that cause problems with the production or sales companies. This caused a lot of disputes.
Car quality problems should be solved by the consumers and the “Three Guarantees†responsible party. If the agreement cannot be reached, a third-party appraisal agency needs to be involved in the identification. According to the reporter’s understanding, the current “three guarantees†policy in the automobile may include the following: Once the two parties can not reach an agreement, they can invite more than three local distributors of different brands to send out relevant technicians and form experts with relevant experts. The group conducts business together. The results of the consultation are used as a preliminary basis. If the parties to the dispute disagree with the results of the consultation, they can seek support from the national-level technical appraisal agency and the quality supervision department can further appraise it. The use of consultations instead of appraisal not only saves time, improves efficiency, but also helps local quality supervision departments quickly form their own expert teams.
In this regard, experts in the automotive industry said that the above methods for forming an expert group are not mature, and there may be related interests for car dealerships, which cannot truly complete the objective and fair appraisal. Therefore, a professional third-party appraisal agency is required to conduct the appraisal. “The establishment of a third-party appraisal agency can guarantee the objectivity and impartiality of appraisal on the one hand; on the other hand, it is authoritative, to avoid both parties being dissatisfied with the appraisal result, and to require an authoritative organization such as the quality supervision department to carry out the second appraisal.â€
"soft ribs"
30 days free return period is too harsh
Within 30 days of the sale of the new family of automotive products, there are serious safety performance failures such as body cracking, braking, steering system failure, and fuel leakage that result from product quality problems. Consumers can choose to return, replace, or repair. If the consumer requests a return, the seller shall be responsible for a free return.
[Interpretation] There are quality problems that can be returned within 30 days of sale. Many day-to-day department stores are marked as such, but this may not be applicable to such bulk commodities as automobiles. Some consumers indicated that the 30-day free return time is obviously not enough. A new car must go through procedures such as formalities, vehicle inspections, and decoration from the time of purchase to the actual road. It takes a week or so to spend less, and many failures are too late. It was found that, especially for novice drivers, it is better to understand what the problem is. It is better to extend the 30-day period to 4 months.
In this regard, Yan Jinghui, deputy general manager of the Beichen Asian Games Village automobile trading market, said that the mentioning of cars, decoration, and maintenance may delay the verification of vehicles. The relevant departments should define the deadline according to the actual situation, or use the number of kilometers to evaluate. In addition, consumers will return vehicles involved in quality inspection departments, industry and commerce, taxation, insurance and other institutions, should develop supporting systems and measures for this series of links in order to avoid the emergence of "faults."
Consumer Ms. Bo said: “If a car has these problems in 30 days, how can it be delivered? And if it does happen, it’s just a return. These are personal security risks. The penalty was so embarrassing. Why couldn't the quality issue be pursued?†Ms. Bo believes that if there is a serious safety problem with the car within 30 days, it should also be blamed on the manufacturer while returning the vehicle, and the consumer should be given some compensation. In addition, the free return period should be at least three months. "A pair of leather shoes, if worn for a month, will have to be returned unconditionally, not to mention special products like cars," said Ms. Bo.
[Suggestions] Based on the opinions of some consumers and experts, the 30-day free return period should be changed to about 3 months, or the number of kilometres should be used instead. The process of returning vehicles should also be clear. Jia Xinguang, a well-known commentator in the industry, said that “30 days†should actually be changed to “the entire warranty periodâ€, which represents the confidence and responsibility of manufacturers for their products.
"Soft Ribs" II
Repair only 5 times before changing the car is difficult to hold live
If the new rules accumulate more than 35 days of repair time due to product quality problems, or if the same quality problems are repaired more than 5 times in total, consumers can change cars.
[Interpretation] In the three package regulations, manufacturers and consumers have different opinions. A spokesperson for a car manufacturer who spoke on condition of anonymity stated that even if a refrigerator is purchased, it may undergo repeated repairs. Cars belong to commodities, and if they can be easily returned and repaired five times, they will cause great pressure on manufacturers, and maybe there will be manufacturers who will not be able to dispose of the returned vehicles and re-package the problem vehicles. This is for consumers and manufacturers. It is said that rights protection work will be even harder to do, and all dealers in the country must be trained and adjusted, and the after-sales pressure is great. In this regard, we should look at the maintenance of the fault is a major problem or minor problems, how much impact on the vehicle, we must carefully choose to return, to repair the main.
Dealers also stated that manufacturers are directly responsible for the quality of products and that the Three Guarantees regulations will exert greater pressure on them, rather than at the dealer level.
The consumer, Miss Liu, believes that even if it is a minor problem, repeated maintenance is a kind of torture for the owner. Repairing the same quality problem five times is too much. In general, repairing more than two faults is already very serious, and everyone's tolerance for repeated repairs is only three times. It should be repaired twice to return the car.
Jia Xinguang believes that under such circumstances, manufacturers should take the position of consumers into consideration and be responsible for the product. Nowadays, department stores can basically be returned unconditionally. As a commodity, cars can be repaired many times, but they cannot be tolerated indefinitely. It's like a thief's habitual offender. The first two steals were caught. They may be locked for only three or five days. The third arrest will face decades of imprisonment. Yan Jinghui also said that this regulation is a severe test for manufacturers, but it is also an opportunity to shape the brand image in the domestic market.
[recommendation] Jia Xinguang stated that he participated in the revision of the "Car Three Guarantees" draft in 2004. At that time, the conditions for returning were "no more than three serious quality problems and no more than five general quality problems." Such regulations are more adaptable. At the time of the domestic situation, but now it seems that the draft of this draft is still similar to the draft before the 2004 discussion and it has not changed much.
"soft ribs" three
How to define "serious failure"
During the period of validity of the “Three Guarantees†of the vehicle, the new regulation has undergone two repairs for serious safety performance failures. Failures have not yet been resolved, or new serious safety performance failures have occurred. Consumers can choose to withdraw their vehicles.
[Interpretation] When the "Car Three Guarantees" draft was revised in 2004, there was an attachment about the fault definition standard, but this time the standard was very vague. Yan Jinghui said that the draft made this time has been quantified in all aspects, except that the "serious breakdown" has not been sufficiently detailed, and the accreditation body has not specified it.
Jia Xinguang said that in fact, after the failure criteria are listed, returning can be very easy. Consumers should be able to hold a car repair invoice twice to the consumer associations and other departments to apply for returning vehicles. The department can then call the manufacturers and distributors.
Miss Liu thinks that the definition of product quality in the regulations is rather vague and the concept is unclear. What is "serious"?
Who determines? All should set standards. Otherwise, serious failures occur but are not recognized, and manufacturers and distributors have the final say, which is what consumers are most worried about.
[Recommendations] Jia Xinguang and Yan Jinghui both suggested that the fault level should be certified by a third-party agency other than the General Administration of Quality Supervision, Inspection and Quarantine, and the manufacturer, and a specific breakdown grading standard should be listed for publicity.
The number of wholesale sales exceeded 10,000. Beijing Hyundai announced on Tuesday that its eighth-generation Sonata production of its mid-to-high-end strategic model exceeded 10,000 units in September, ranking among the best-selling mid- to high-end cars.
At the listing conference held in April, Beijing Hyundai announced its sales target of 6,000 vehicles. In the month of listing, sales exceeded 6,000 units, followed by sales volume gaining momentum. It exceeded 7,000 in August and exceeded 10,000 units in September, making it the first camp of the mainstream mid-range sedan. This not only completely reversed the predicament of Beijing Hyundai's “weakening†in the high-end market, but also greatly changed the existing market structure.
It should be said that the growth history of the eighth generation Sonata is not always smooth. In the second month after the listing, the macro economy showed signs of weakening, and the domestic passenger car market entered the off-season. As a result, overall sales volume fell for several consecutive months, and pessimism began to spread. At the same time, the mid-to-high-end car market has not been spared, and the overall decline has occurred. Competitors have significantly reduced their prices and promotions, giving the newly-listed eighth-generation Sonata a shot.
“The difficulties that faced at the time were not only the deterioration of the macro environment and pressure from competitors’ price cuts. When we announced that the sales volume exceeded 6,000 vehicles, there was a lot of skepticism in the media,†said Liu Zhifeng, deputy general manager of Beijing Hyundai. There is a reason for people's doubts. From Yu Xiang to Ling Xiang, the high-end car market in Beijing has failed to return. The sales volume of these two vehicles has been on the order of 2,000 vehicles, and an effective breakthrough cannot be made. When the eighth-generation Sonata came up, it would break through 6,000 cars, which would inevitably cause confusion."
As a mid-to-high-end model that shoulders heavy responsibility for the brand, the eighth generation Sonata has a strong product force.
At the same time, a number of creative marketing initiatives have also added “increasing diesel†to the sales of new cars. After the listing in April 2011, the special stores took the initiative to launch intimate services such as on-site trial ride test drive; in response to the severe market situation in May, they resolutely launched a “value-added repurchase†marketing initiative, which greatly improved the old customers. Brand loyalty; "5-year 100,000-kilometer vehicle warranty" and "1-year free roadside assistance" service have won popular support; forum marketing and microblogging marketing have come to fruition, and the proliferation of creative "microfilms" has caused network fever. Negotiations; the network "second kill" cable is in full swing in 85 years of use right; title sponsored world classic musical "Mamma Mia! 》National Tour, Super Sonata National Tour, etc... Beijing Modern’s careful deployment from top to bottom and from inside to outside makes the eighth-generation Sonata stand out from many mid- to high-end new cars.
"soft rib" four
The three-packet deadline becomes the "floor" standard
The period of validity of the “three guarantees†for the new regulations for household automotive products should not be less than two years or 40,000 kilometers, whichever comes first. The warranty period for major assemblies and systems should not be less than 3 years or 60,000 kilometers, whichever comes first.
[Interpretation] The above provisions limit the “three guarantees†of automobiles, that is, the automobile manufacturers must provide warranty for the vehicles they produce. The warranty period of the entire vehicle is more than 40,000 kilometers, and the engine and gearbox The assembly and system warranty periods are 3 years or more than 60,000 kilometers. It seems that this is a provision for the sake of consumers, but in fact the provisions of the warranty period is much lower than some of the auto companies now provide the warranty period.
In fact, Beijing Hyundai’s eighth-generation Sonata and Great Wall Motor’s Haval H6 have five-year or 100,000-km full-vehicle warranty. The warranty period is far greater than the time limit in the “Three Guarantees†regulation. The reporter learned that most automobile companies currently provide a vehicle warranty period of 3 years or 60,000 kilometers. Some auto companies also use the promotion and increase the sales volume of 4S stores for the purpose of extending the warranty period for some models.
According to industry insiders in the auto industry, the two-year 40,000-km warranty standard is too low. At present, most automobile companies provide quality assurance that is higher than this standard. “BYD F0, which sells for only 30,000 yuan, is owned by mini cars. For a three-year or 100,000-kilometer warranty, the 'Three Guarantees' regulation of the automobile does not make much sense in providing a two-year, 40,000-kilometer warranty.
[Recommendation] To increase the warranty period in the regulations, the validity period of the "three guarantees" for the vehicle should not be less than 3 years or 60,000 kilometers, and the quality assurance period for the main assembly and system should be increased to 5 years or 100,000 kilometers. Quality assurance standards are not only beneficial to consumers, but also allow automakers to pay more attention to product quality.
"soft rib" five
Corporate violation penalties are blurred
If the seller, manufacturer, or repairer of the new regulations fails to fulfill the “three guarantees†responsibility according to these regulations, consumers may appeal to the quality and technical supervision department, and the quality and technology supervision department shall order corrections. If the seller, manufacturer, or repairer intentionally delays or arbitrarily refuses, the quality and technology supervision department shall handle it in accordance with relevant laws and regulations and make it known to the public.
[Interpretation] With regard to the "Three Guarantees" regulation of automobiles, there is no supervisor, which is the key to whether the "Three Guarantees" policy of automobiles can be implemented. Although the current "Three Guarantees" policy stipulates that sellers, manufacturers, and repairers fail to fulfill the "three guarantees" responsibility according to the present regulations, consumers may appeal to the quality and technical supervision department, and the quality and technical supervision department shall order them to make corrections. But how much can a deterrent effect be given to an auto company or a car dealer simply by ordering a "correction?" If there are no specific penalties, how can the quality and technical supervision department ensure that auto companies or car dealers take responsibility for the "three guarantees"? Obviously, the current "Three Guarantees" vehicle lacks penalties for corporate violations.
According to industry sources, China’s “Contract Law†stipulates that if the quality does not meet the stipulations, it shall bear the liability for breach of contract in accordance with the terms of the parties concerned. The injured party may reasonably choose to require the other party to undertake repairs, replacements, redo, and returns in accordance with the nature of the subject and the size of the loss. , reduce the price or remuneration and other breach of contract responsibility. In addition, the "Consumer Protection Law" stipulates that if operators provide goods or services that cause damage to consumers' properties, they shall, in accordance with the requirements of consumers, repair, redo, replace, return, make up for the quantity of goods, refund the purchase price and service charges. Or take compensation for losses and other ways to bear civil liability. Both of the above laws have clarified the penalties and paid for express liability in the form of cash compensation. The “Three Guarantees†policy for cars can also be followed.
The “Three Guarantees†policy of the automobile also stipulates that if an auto company or an auto 4S shop intentionally delays or arbitrarily refuses, the quality and technology supervision department may handle it in accordance with relevant laws and regulations and publish it to the public. However, if there are no specific penalties, it can almost be said that it cannot be implemented. After all, it is not enough just to announce to the public.
[Recommendations] In the "Three Guarantees" policy of cars, it should be clear what kind of penalties are imposed on companies that have not fulfilled the "Three Guarantees" responsibility according to requirements. In addition to clarifying the content of civil liability compensation, it may also increase other forms of punishment, such as the cancellation of enterprises. Originally enjoyed policy preferences. In addition to the supervision of the quality and technical supervision department, it is proposed to increase the supervision of other departments.
Reporter observation
Third-party appraisal can reduce disputes Although most domestic consumer products, including household appliances, currently have "Three Guarantees" protection, the "Three Guarantees" rule has not yet been introduced. One of the main reasons is the car's accessories. Too many, there are too many possibilities for problems, and ordinary consumers do not have the ability to identify product problems. Therefore, it is often difficult for consumers to buy new cars that cause problems with the production or sales companies. This caused a lot of disputes.
Car quality problems should be solved by the consumers and the “Three Guarantees†responsible party. If the agreement cannot be reached, a third-party appraisal agency needs to be involved in the identification. According to the reporter’s understanding, the current “three guarantees†policy in the automobile may include the following: Once the two parties can not reach an agreement, they can invite more than three local distributors of different brands to send out relevant technicians and form experts with relevant experts. The group conducts business together. The results of the consultation are used as a preliminary basis. If the parties to the dispute disagree with the results of the consultation, they can seek support from the national-level technical appraisal agency and the quality supervision department can further appraise it. The use of consultations instead of appraisal not only saves time, improves efficiency, but also helps local quality supervision departments quickly form their own expert teams.
In this regard, experts in the automotive industry said that the above methods for forming an expert group are not mature, and there may be related interests for car dealerships, which cannot truly complete the objective and fair appraisal. Therefore, a professional third-party appraisal agency is required to conduct the appraisal. “The establishment of a third-party appraisal agency can guarantee the objectivity and impartiality of appraisal on the one hand; on the other hand, it is authoritative, to avoid both parties being dissatisfied with the appraisal result, and to require an authoritative organization such as the quality supervision department to carry out the second appraisal.â€
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