129770904446093750_231In recent years, the increasing consumption of China's family car, automobile consumer disputes a lot there, but cars are not within the warranty scope always. AQSIQ announced not long ago the family car repair, replacement, return liability provisions (commonly known as auto-guarantees) second draft, displays are speeding up the process of national legislation. On February 15, by massAuto replace disputes about Yixing city intermediate people's Court of Jiangsu Province in the public hearing of the case, the case was referred to as "three bags of cars ' first case". After 1 hour of trial, the Court ultimately is based on the relevant provisions of the contract law, judgment car dealer replaced a similar series of a new car for the consumer. This case provides an important reference for consumer rights. Cases of playback: "Issues" consumer driven to court "only bought the car for two years the three transmissions, so I really have no confidence in the car and the guts to open it. "The end of last year, Yixing city, Jiangsu Province people's Court has accepted the case, a lawsuit, asking the Court auto dealers to buy their own" problem vehicles "be replaced. 20On November 16, 09, any more than a car sales company spent more than 210,000 yuan to buy a branded vehicle. Didn't expect this winter that year, new car appeared two times to start reversing misfire fault, sales company is just a simple troubleshooting does not find out the real cause of the problem. In March 2011, the car again for no reason flameout, maintenance was sent to sales companies,Troubleshooting, sell company vehicles stall because the gearbox, and in August 2011 for a replacement of the gearbox Assembly. On October 7, 2011, with family travel to Nanjing, to Nanjing and Hangzhou when the high speed section, in order to avoid another vehicle, a step on the brakes, but the vehicle suddenly lost power after the spin, all in the car gearWhile beating, can't control speed. The last day of the national day holiday, a lot of people ziwai to drive back to Nanjing, Nanjing-Hangzhou high-speed traffic on intensive, with either a vehicle behind the car, not knowing what Horn continuously reminded of its acceleration. "At that time, if there is no slowdown in the car behind, but it hit caused a car accident, you not going to pursue the vehicle quality problems, but I amTo back up all of the responsibility. "Under desperating, a closely marked trustworthy steering wheel, finally security stopped the car on the expressway emergency parking strips. Afterwards, 4S shop check, vehicle failure reason is in the gearbox, and again as a replacement gearbox Assembly. Two weeks later, he received a call from each other, said vehicles replace the complete commissioning of ready to deliverProcess again and highway in the same situation shall be replaced for the third time transmission related parts. Some think the purchase of cars there are significant quality problems, ask the dealer replace the requirements of the new car, but they refused. "I called the manufacturers service hotline, also looking for consumer associations, all to no avail. Things to this point, I have no idea, is 'Force '. "But to say. Judgment of the Court: "the problem" should replace "buying a car easy to repair, even change as if the blue sky". For many years, because the relevant legislation has been in place, consumers faced "problems" often only consider themselves unlucky after. Courts one cannot help but ask: "are buying, why other merchants are protected goodsNo reason to return in 7 days, car industry but still monolithic? "Any agent of a Mao Jianzhong lawyer said his client was car-buying consumers rather than obligation test drive of the car manufacturers, there is no reason to be for businesses to run in time and time again that I do not know when it will fail" problem ". In his view, based on the principles of fair trade, consumptionNow that cost a lot of money you should get appropriate goods and services, and ensure the quality of products is the most fundamental and Basic. Now, as a frequent car accident, apparently is the vehicle itself for quality issues and security breaches, and the hidden quality will have a direct bearing on safety issues, so although there is no clear legislation and regulations of the State, any requests for changesDemands of the car should be supported by the courts. Relative to the angry consumers, defendant seller's attitude to "calm down" a lot. 4S shop sales director Mr Wang explained, because the car is a special commodity, sold from that moment, from the "new car" becomes "used cars", value and nature of fundamental changes have taken place, so "only no return" is auto salesPractice in the industry. Agent Meng Yuanqiang pointed out that the accused, not auto 4S shop manufacturer, is responsible for sales and maintenance services for vehicles, vehicle replacement obligation does not exist. And at the time of purchase and no formation and 4S shop purchase contract in writing, no problem to the entire car to replace the retired car conventions, current law does not auto-guarantees clearly stated,Any appeal of a lack of basic legal basis. Yixing, the Court held that, although the case is not in the original defendants in the vehicle buying process between the two sides on vehicle quality and liability for breach of contract, the plaintiff purchased vehicle in less than two years appear more than once in the time of transmission quality, repair and test process is still a problem, is not easy to reach normal driving, the plaintiff purchasedPurpose vehicles. According to the relevant provisions of contract law, quality does not meet the Convention shall, in accordance with the agreed by the parties liable for breach. On the liability for the absence of an agreed or explicitly agreed, still cannot be determined according to the law, injured parties can reasonably choose to ask to take crime, returns, repairs, replacements, and reduce the price or compensation for breach of contract. Consequently, the Court ultimately support a moreDemands for vehicles, sellers of judgment as a replacement of a new car, while extraction of judgment as a new car payment to the seller when the corresponding post. System missing: Auto rights face many difficulties while the case has been concluded, but the full Court the presiding judge in the case, Yixing Yuan Lu Changping said the judges, this lawsuit is successful only for a case. In the premise of the law is not perfect, More consumers to replace their vehicles to achieve purpose ', is not an easy task. "China car guarantees have not been introduced, country and no other legal provides strictly applies to automotive quality and after sales ruling of the dispute. "In addition, consumers will face significant challenges is the question of evidence. According to the judges understood that State-approved quality of the vehicle identificationTesting organizations throughout the country within no more than 30, and a vehicle test fees up to $ 590,000, consumers simply cannot afford. Therefore, to prove that the vehicle has a quality defect, is very difficult. In addition, as the car belonging to the technology products, professional knowledge is required to understand and identify the cause of the failure and needs to be replaced part, ordinary consumers do not understandWas not much care about those details, tend to ignore evidence-retention. "Consumers in front of auto makers and dealers are weak, some key information, records and the testimony is in strong hands, successful forensics, easier said than done. "Admitted Lu Changping. In response, Dr Liu Qingwen, Nanjing University law school believe that car does not belong to the State Planning BoardThree packs of products, which cost the consumer activist's biggest weapon. At the same time he also expects guarantees provided in the future amendments, the possibility to include cars in three packs of products is still very small. "This is the car that decided by the special nature of the product. Because such practices at home and abroad, once the car over, is used cars, Germany, no matter how new and used cars, StateFall 20%. "Liu Qingwen said. Three bags of cars: the system must be overcome "short and long legs" statistics show that China has become the world's largest automobile market and manufacture, automobile consumer disputes with the appearance of large numbers. First half of 2010, China auto consumer disputes to 6,220, first half of 2011 to 8,235, rose 32.4%。 Rising data at the same time, car guarantees policy became more and more people are the focus of attention. In fact, starting from 2004, relevant State departments have started making cars introduced three packs of provisions, after nine manuscripts, called "ten years rubs a sword". In October 2011, the State administration of quality supervision, held hearings on hold for nearly 7 years of the family car repair products and moreExchange, return liability provisions (draft for soliciting opinions) for a hearing. That provision clearly the conditions under which the consumer can choose to return, replacement, repair, and the question of compensation, also provides for receiving consumer complaints for the quality inspection departments, and corresponds to the consumer protection act. On January 10, 2012, on the basis of the General Administration of quality supervision in the modified again on theA second public consultation of the draft. Revised vehicle guarantees not only has 40,000 km extension period from two years to two years and 50,000 km, while the return period from 30 days to 60 days, in addition to third-party identification, also as a result of controversial issues can also be established by the State General Administration of quality supervision organization database for processing. Signs,Car guarantees provisions in sight, but the requirements can have the desired effect, people have different views. Automotive sales industry believe that automotive products guarantees faced "difficulties of proof" and "identification" and "claims", and many other issues, such as automobile repair parts problem, manufacturers and distributors are required to the 4S shop maintenance, repair, as required for accessories. But4S shop parts expensive, labor is expensive, roadside shops to repair cheap car, accessories parts cheaper, so a lot of people don't go to 4S shop, car if a problem occurs
diablo 3 power leveling, responsibility will be hard to distinguish. Therefore, in independent third-party verification organization system is not yet perfect full implementation of automotive products in the context of three guarantees, is likely to cause more serious "consequences". For the latest threeOpinions, some people believe that, three bags of new provisions will be the first duty on the seller who, essence is supposed to the manufacturers responsibilities of married go to dealer. Now automakers say, right of distribution of benefits is far greater than the dealer's case, responsibility by the dealer as a subject is obviously unfair, is more likely to lead to some weaker sellers with negative resistance,Replace the beams with rotten timbers manufacturers will not be able to recover damages for breach of "shifting" and finally wounded or ordinary consumers. Consumers generally applauded the three packs of opinions, and legal persons taking Xiao Guang said recently in an interview with the media, although the latest three packs provides timely introduction of a third-party dispute resolution specialist library identification and responsibility, but it also provided after both parties agreed,Quality and technology supervision departments at all levels and relevant agencies can select the experts involved in the mediation process, this fact can really participate in the identification of experts and mediation to set in the "obstacles". In addition, consumers in the car-buying process to take the internal revenue service, multi-channel programs such as rent, insurance, once started annealing or change programs, how to pay various taxes and fees refund and re-registrationChallenge. Facing the auto industry interests and asymmetric, relevant policies and regulations on how to overcome the "short and long legs", "vehicle power" road to go smoothly, deserves careful consideration. Links car guarantees provided Americans abroad and full of faults
swtor credits, one bad car called "lemon car." "Lemon law" is the protection provided forPurchase has has defects car of owners interest of State legal provides of collectively, despite all State between some terms of details not same, General is, if consumer buy has in manufacturer quality guarantees period within of has defects of vehicles, in reasonable of attempts to number Hou manufacturer still no can repaired, this car car on May is a "lemon", consumer has qualification requirements change, and currency compensation orCompensation in other ways. In 1982, the "lemon law" formally introduced, market recovery and replacement car rise sharply over the same period, auto makers suffered a loss, but then more businesses will focus on technical innovation, quality management and brand building, "lemon law" forcing United States auto industry development, we were household names such as Ford, GM world of steamCar brand. Similarly, in Asia automobile-producing country of Korea, in its civil law "defect warranty liability law" provisions, confirmed product defects, to compensation to the user. Important parts of the product
swtor credits, repair 3 times is still not fixed, should be replaced. According to the characteristics of the car, Korea manufacturers as an important part of engine, transmission, bad 3 times (including replacing the Assembly)You can change. Japan in 1994 enacted the law on product liability (PL for short). Which set out due to product defect caused by the loss of personal security, accountability, and clearly states that users do not need to proof the causes of defects.
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