It is still not easy to implement the three guaran

2022-09-25
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It is still not easy to implement the "Three Guarantees for cars" for more than three years

Abstract: household automotive products are not maintained in 4S stores authorized by the manufacturer. As long as there is no causal relationship between the quality problems and the maintenance, or the maintenance in other 4S stores does not cause damage, the operator cannot exempt the three guarantees

in January 2013, the regulations on repair, replacement and return of household automotive products (hereinafter referred to as "Three Guarantees for automobiles") was officially issued and officially implemented on October 1 of the same year. It has been more than three years since the official implementation of the "Three Guarantees for cars". However, Wang Wei, Secretary General of Henan Consumer Association, said that it is still not so easy to return and replace cars according to the three guarantees at present. Many consumers also reported to Dahe newspaper that it is almost impossible to return and replace cars if there is a problem with the car

most car owners know San Bao, and how to do it is not clear.

after more than three years of implementation, many cars, of course, and many adult enthusiasts are also obsessed with Lego building block owners have more or less known about San Bao. "I know. The main parts of the car are broken. You can return and replace the car, right?" In the imported Volkswagen Henan International Automobile, the owner Mr. Chen said that he had heard of the car San Bao, but he was not very clear about how to do it. "I don't think I usually need this. It's not too late to check it when the car really has a problem."

the staff of the provincial consumers' Association said that article 4 of Chapter 1 of the "Three Guarantees for automobiles" clearly stipulates that the three guarantees shall be borne by the seller according to law. In addition, after the seller undertakes the three guarantees according to the regulations, if it belongs to the producer or other operators, the seller has the right to recover from the producer or other operators. It can be found from the above terms that the "Three Guarantees" are borne by the 4S store, that is, once the quality problems of the vehicles purchased by consumers occur, they should directly go to the 4S store to claim compensation; If it is a vehicle quality problem, the 4S store can claim compensation from the manufacturer after compensating the consumer

it is easy to repair and replace cars, and it is difficult to implement the three guarantees for cars.

during March 15 this year, many car owners were interviewed. Many people believed that the "Three Guarantees for cars" could not fully protect the rights and interests of consumers for the time being, but it was easy to be used by car dealers to pass the buck

Mr. Chen, the owner of a German luxury car, said that according to the "car three guarantees" regulation, the engine and transmission can be replaced after being replaced twice in total, but his car has gearbox failures many times in a year. Whether the 4S store and the mechanical test results are credible depends on whether the measurement signal is reliable. The manufacturer always uses the "car three guarantees" regulation to prevaricate, and only gives warranty if he does not replace the car, In addition, the whole vehicle extended warranty service of "second to none" is proposed to consumers for 2 years

Ms. Zhao, an American car owner who has also experienced many vehicle repairs, also said that the general attitude of the 4S store is that they don't have the right to decide. They want the manufacturer to judge whether the vehicle problem belongs to the scope of returning and replacing the vehicle, but after the problem is reflected to the manufacturer, the solution is far away

in addition, during the implementation of the "Three Guarantees for automobiles", some deficiencies in content have gradually been exposed. In the interview, a car owner told that he believed that the threshold for returning and changing cars stipulated in the current "Three Guarantees for cars" was too high, and there were many opportunities for vehicle quality problems, such as electrical control system, lubrication system, refrigeration system, fuel supply system, etc., which were not within the scope of the three guarantees. In addition, the "Three Guarantees for cars" is also a "stand idly by" for the problems that car owners most complain about, such as ineffective graphene brakes, new car odor, organic volatilization and so on

even if the car can be returned, there are still consumer disputes. The staff of the provincial consumers' Association said that in 2016, they had handled consumption disputes such as whether depreciation fees should be charged and how much they should be charged. "There was a car owner in Luoyang who spent 300000 yuan to buy a car. After two years of use, the car had problems, and the manufacturer also agreed to return the car, but charged a 'Depreciation fee' of about 100000 yuan. Because of this 100000 yuan, the owner and the manufacturer repeatedly saw for a long time." The staff of the provincial consumers' Association said that in addition, the current "Three Guarantees for cars" does not include the return and replacement of auto spontaneous combustion, which need to be improved

new energy vehicles cannot be guaranteed, which is embarrassing.

Ms. Qi, a Shangqiu citizen, bought a new energy vehicle at the beginning of the year. Later, she found that there was a problem with the battery and air pump. When she wanted to return and replace the vehicle, she was embarrassed to find that the new energy vehicle was not included in the "Three Guarantees for vehicles"

yuan Dongyang, a lawyer at Henan Jinhe law firm, said that at present, the "Three Guarantees for automobiles" regulation does not clearly state whether new energy vehicles belong to household vehicles. Moreover, what is specified in the "automobile San Bao" regulation is only for powertrain components such as engine and transmission. Are the batteries and motors of new energy vehicles among them? How to deal with it? These need to be further clarified. At present, if there is a problem with new energy vehicles, the manufacturer or 4S store only needs to repair the car, and whether it can be returned or replaced is another matter

you can still enjoy the "car three guarantees" after getting out of the warranty.

I believe many consumers will hear the saying when buying a car - if you want to enjoy the "Three Guarantees", you must maintain and repair in the 4S store. When the consumer asked the reason, the dealer also said plausibly, "we have laws to follow!"

indeed, there is a provision in the "Three Guarantees for automobile": if the consumer fails to correctly use, maintain and repair the product in accordance with the requirements of the instruction manual during the warranty repair period and the validity period of the three guarantees for household automotive products, the operator may not bear the "three guarantees" stipulated in this provision. Therefore, some automobile manufacturers stipulate in the warranty and maintenance manual and even the accompanying documents in the military field that consumers must maintain in the 4S store authorized by the manufacturer, otherwise the operator will not bear the "Three Guarantees"

but in fact, for this provision, the AQSIQ has a supplementary explanation, that is, household automotive products are not maintained in 4S stores authorized by the manufacturer. As long as there is no causal relationship between the quality problems and the maintenance, or the maintenance in other 4S stores does not cause damage, the operator cannot exempt the three guarantees. In other words, even if there is a problem with self maintenance, consumers only bear the maintenance related issues, and 4S stores and manufacturers still have to be responsible

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