Three Challenges of Automobile "Three Guarantees"

It is reported that the “Responsibility Regulations for the Repair, Replacement, and Return of Household Vehicles (Second Exposure Draft)” (hereinafter referred to as the “Draft for Soliciting Opinions”) of home auto products that have been solicited for public consultation on February 10 this year will be formally introduced during the year. This means that the discussion of the “car three packs” that will last for eight years will be put into practice, and China’s auto consumption will officially enter the “three guarantees” era. Although the final rule has not yet been written and written, it seems that from the content of the “Draft for Comment”, there are still many doubts that are worth discussing.

Cumulative repair 5 times can be replaced?

According to Article 21 of the “Draft for Comment”, “In the period of validity of the “Three Guarantees” for domestic automotive products, the cumulative time for repairs due to product quality issues exceeds 35 days, or cumulative repairs due to the same product quality problems exceed 5 times. With the three-pack voucher and car purchase invoice, the seller is responsible for replacing the same brand of household automotive products with the same brand name.” In addition, the “three-enclosure period” can be returned only when two serious repairs fail due to serious safety performance failures. "This stipulates that there is still a gap with the principled provisions in the "Consumer Protection Law."

He Qingfeng, a member of the China Law Society and director of the Consumer Law Research Society of the China Law Society, commented: “This condition is too loose for manufacturers and too harsh for consumers.” He pointed out that according to “consumer rights According to the provisions of the “Protection Law”, if the goods cannot be used normally after two repairs during the warranty period, the business operator shall be responsible for the replacement or return of the goods. "'Car Three Guarantees' as a subordinate law, should be subject to the provisions of the upper law." Hao Qingfeng explained.

The two-year, 50,000-kilometer period of significance?

Article 16 of the “Draft for Comment” stipulates: “The period of repair of household automotive products shall not be less than 3 years or the mileage of 60000 kilometers, whichever comes first. The effective period of the three-pack of household automobile products shall not be less than 2 years or Mileage is 50,000 kilometers, whichever comes first." This provision is extended compared to the previous "2 years or 40,000 kilometers" period, and the time for returning the entire vehicle package is also extended from 30 days to 60 days or 3,000 kilometers. .

This rule has also been questioned by various parties. As far as the current mileage of family cars is concerned, the difference between 50,000 kilometers in two years and 40,000 kilometers in two years is not too big. Some industry commentators have commented that many domestic models have already reached the level of three packs of five years and 100,000 kilometers. The "Draft for Soliciting Comments" stipulates this, or takes care of the self-owned brand models.

At the same time, the dealers who have been in a weak position for many years in the manufacturer's relationship still need to clearly define the problems such as the inability to pay back the manufacturer for depreciation expenses and the resulting depreciation expenses. In the interview, many dealers stated that due to the ambiguity of the definition of responsibility for distributors, repairers, and manufacturers in the new regulations, they are looking forward to introducing detailed implementation rules.

Why is the cost of high quality inspections of consumers?

Article 37 of the “Draft for Comment” stipulates: “In the case of disputes concerning the handling of liability for the Three Guarantees for household automotive products, where product quality issues or serious quality and safety performance failures need to be inspected and identified, relevant regulations in accordance with product quality arbitration inspection and product quality appraisal shall be regulated. Execution.” However, in China today, independent third-party auto certification agencies are missing all the year round, and consumers need to seek professional inspections and appraisals when they encounter disputes.

Hao Qingfeng summed up the experience and lessons of many years of automobile rights protection, said: "Once consumers and producers or operators find a dispute, unsuccessful negotiations, they need to commission a professional organization to conduct the assessment, but in the actual processing process, because China does not currently have an independent Third-party accreditation agencies, consumer or consumer organizations all face the problem of high commissioned appraisal costs.” He said that not only is the cost prohibitive, but “the situation that is often encountered is that either the agency identification or the agency is not found. If you do a professional appraisal, you won't win a lawsuit. In the end, consumers will lose both ends.” In this case, industry experts also suggested that for failures that cannot be identified, auto companies and distributors should advance inspection fees, and ultimately be subject to judgment. The party bears this fee.