It is still not easy to implement more than three years of "car three bags"

In January 2013, the “Responsibility Regulations for the Repair, Replacement, and Return of Household Automotive Products” (hereinafter referred to as the “Car Three Guarantees”) was formally introduced and formally implemented on October 1st of the same year. It has been more than three years since the "Car Three Guarantees" was formally implemented. However, Wang Wei, secretary general of the Consumers Association of Henan Province, said that at present, it is not so easy to follow the three-packet return policy. Many consumers are also Dahe reported that the car had problems and it was almost impossible to return.

After more than three years of implementation, many car owners have already learned more or less about the car three bags. "I know that it is the main parts of the car that are broken. Can you return it?" At the import of the Volkswagen Henan International Automobile Co., Mr. Chen said that he had heard about the car Three Guarantees, but how to do it is not clear. " I don't think I can use this in general. I have to wait until the car is really problematic.

Provincial Consumers Association staff said that "car Three Guarantees" Chapter IV of the first chapter clearly stipulates: Three Guarantees responsibility shall be borne by the seller. In addition, if the seller is responsible for the Three Guarantees in accordance with the regulations and falls under the responsibility of the producer or is the responsibility of other business operators, the seller has the right to recover from the producer or other business operator. From the above terms, it can be found that the "three guarantees" responsibility is borne by the 4S shop, that is to say, if the quality of the vehicle purchased by the consumer should be directly found 4S shop claims; if it is a vehicle quality problem, 4S shop in the compensation of consumption Afterwards, they can claim the factory again.

>> Repairing cars is easy to return, it is difficult to implement

During the March 15th this year, the reporter interviewed multiple owners. Many people believe that the “car three packs” cannot fully protect the rights and interests of consumers for the time being. On the contrary, they are easily used by car dealers to shirk responsibility.

Mr. Chen, a German luxury car owner, said that according to the "car three bags," the engine and transmission can be returned after two replacements, but his car has repeatedly experienced transmission failure within one year. 4S stores and manufacturers are always With the “car three packs” rule to swear, not to change the car only to the warranty, and to consumers for the "retreat for the second best" of the entire car extended warranty for two years of service.

Ms. Zhao, a US owner who also experienced multiple vehicle repairs, also said that the conventional attitude of 4S stores is that they have no right to decide, so that manufacturers can determine whether the vehicle problem belongs to the scope of return, but after the problem is reflected in the manufacturer, the solution is far away. No period.

In addition, during the implementation of the "Car Three Guarantees", it also gradually revealed some content defects. During the interview, a car owner told reporters that he believes that the current “car three bags” stipulates that the threshold for return is too high, and there are many opportunities for vehicle quality problems, such as electrical control systems, lubrication systems, refrigeration systems, fuel supply systems. And so are not in the scope of the Three Guarantees. In addition, for the owners of the most reported on the brakes, new car odor, volatile organic matter and other issues, "car three bags" is also "stand by."

And even if it can be returned, there are still consumer disputes. The staff of the Provincial Association for Consumer Affairs explained that in 2016 they had dealt with consumer disputes such as how much depreciation charges should be collected and how much they were appropriate. “There is a Luoyang vehicle owner who spends 300,000 yuan to buy a car. After two years of use, the vehicle has problems. The manufacturers have also agreed to return the vehicle, but they need to receive a 'depreciation fee' of around 100,000 yuan, because this is 100,000 yuan. Owners and manufacturers have been repeatedly sawing for a long time.” The staff of the Provincial Consumers Association said that in addition, the current “car three bags” does not contain the contents of the issue concerning the issue of auto-ignition. These are all urgently needed to be improved.

Ms Qi, a Shangqiu citizen, bought a new energy car earlier this year. Later she discovered that there was a problem with the battery and the air pump. When she wanted to return the vehicle, she found out that the new energy car was not within the “three car” package.

Yuan Dongyang, a lawyer of Henan Jin He Li Law Firm, said that at present, the “Car Three Guarantees” regulation does not clearly state that new energy vehicles do not belong to family cars. Moreover, the “car three bags” regulation specifies only the powertrain components such as the engine and transmission. The new energy car battery, motor is not in it? How to deal with this? These need to be further clarified. At present, if there is a problem with new energy vehicles, manufacturers or 4S shops only need to help the owner repair the car, as to whether it can be returned to another matter.

I believe many consumers will hear such a word when they buy a car. To enjoy the “Three Guarantees”, they must maintain and maintain the 4S shop. When consumers asked about the reasons, the dealers also eloquently said: "We have laws to follow!"

Indeed, "Car Three Guarantees" has a provision that the operator may not be liable for damages caused by failure to properly use, maintain or repair the product in accordance with the instructions of the consumer during the warranty period and the warranty period of the domestic automobile product. The stipulated "three guarantees" responsibility. As a result, some automobile manufacturers stipulated in the document accompanying the warranty maintenance manual etc. that the consumers must be maintained in the 4S shop authorized by the manufacturer, otherwise, the operator would not assume the “three guarantees” responsibility.

But in fact, for this provision, AQSIQ has added a supplementary note that household car products are not maintained by the manufacturer's authorized 4S stores, and quality problems that arise as long as there is no causal relationship with the maintenance, or in other cars 4S If the maintenance of the shop does not cause damage, the operator cannot exempt the Three Guarantees liability. In other words, even if the problem is self-sustaining, consumers will only be responsible for maintenance. 4S stores and manufacturers are still responsible.