As the "Three Guarantees" policy for automobiles has not yet been introduced, consumers are still in a weak position in front of auto makers. Our reporter Wu Weihongshe
Starting from July last year, the China Consumers Association organized a car-carrying document review event. A total of 47 brands of car-in-training documents from 24 manufacturers were collected, and it was determined that there was a conflict with the law, which was obviously unfair, and harmed consumer rights and interests. Of 10 items.
The ultimate responsibility of the manufacturer is to repair the product?
The "Product Quality Law" and the "Consumer Protection Law" stipulate that consumers have the right to require replacement and return of goods when they are unqualified. Therefore, the operator's obligation is not just to repair, but also to exchange goods and return goods until compensation. The manufacturer declared that its repair product with the ultimate responsibility is invalid.
Does the specification have no legal effect?
As the subject matter of the contract, the manufacturer should assume the responsibility of guaranteeing information, and consumers have the right to rely on the instructions provided by the manufacturer. If there are mistakes in the data, illustrations and descriptions in the description, it causes losses to consumers. Consumers can use the contents of the description as a legal basis to submit their requirements to the manufacturer.
The final interpretation of the right manufacturers?
Article 41 of the "Contract Law" stipulates: "If there is a dispute over the understanding of the format clause, it shall make an interpretation that is not conducive to the provision of the format clause. If the format clause is inconsistent with the non-format clause, the non-form clause shall be used." When a consumer disputes the interpretation of the manufacturer's specified format terms, the right to interpret the clause should not be attributed to the manufacturer alone.
Does the manufacturer assume responsibility for the quality of the wearing parts?
As a high-speed mobile product, its speciality requires that its product quality must have corresponding safety. Any component must strictly comply with the national standards. The regulations for enterprises to reduce product quality must be corrected.
Do not assume responsibility for indirect loss producers?
Producers' quality assurance is an integral part of consumers' purchase or use of automotive products. Consumers are entitled to compensation for losses caused to consumers. If it is due to the quality of the car and causes indirect losses to the consumer, the manufacturer should also bear the liability for compensation.
Can only be repaired at the manufacturer's designated point?
Article 9 of the Consumer Protection Act stipulates: “Consumers have the right to independently choose goods or services. If it is the quality of the car itself, in certain circumstances, either at the designated point or outside the specified point Repairs, as long as the repair shop has the appropriate qualifications and does not cause the original problem to expand, manufacturers should assume the responsibility of quality assurance.
Instruction manual and car equipment can not match?
The instruction manual provided by the automobile manufacturer must correspond to the model of the car. When the instruction manual is prepared in series or in complete sets, the contents and parameters of the manual must be clearly distinguished. Otherwise, the “General Specification for Industrial Products†and “Consumer Protection Law†are violated. The provisions infringe on the consumer’s right to know.
Does not believe the quality of the modified car manufacturers warranty?
Consumers should comply with national regulations on car modification. Without prejudice to the country's mandatory regulations, if self-refitting does not have a direct causal relationship with car damage, producers do not have the right to transfer their statutory obligations to consumers.
Parts warranty period is not delayed?
The replacement of parts is due to the damage of the original parts. The replaced parts should be consistent with the original parts, and they should not evade the related legal liabilities because of the parts and components. The quality problem occurs, and the operator's refusal to delay the warranty period of parts and components is obviously unfair to consumers.
Parts sales must also be specified?
Article 9 of the Consumer Protection Law stipulates: “Consumers have the right to independently choose goods or services.†Designated sales are often used as means by which manufacturers use monopoly operations to increase profits. Parts and components are used as general merchandise as long as they comply with national standards or Corporate standards are free to go on sale.
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