"Car Three Guarantees" who bear responsibility? Dealer Gaming Manufacturer

"After the seller has assumed the Three Guarantees responsibility in accordance with the regulations and belongs to the producer's responsibility or belongs to other business operators, the seller has the right to seek compensation from producers and other business operators."

Although it has not yet been introduced for eight years, it has solicited opinions from the public twice within half a year, which shows that the country has made unprecedented determination to fill the gap in the “car three bags” law.

According to relevant person in charge of the AQSIQ, the "car three bags" is expected to be formally introduced at the end of this year. Distributors in the automotive circulation area are under pressure to assume the “Three Guarantees” responsibility.

The controversy has changed a lot. The General Administration of Quality Supervision, Inspection and Quarantine recently released the “Responsibility Regulations for the Repair, Replacement and Return of Household Automobile Products (Second Consultation Draft)”. Compared with the draft for the end of 2011, the draft of the controversy was controversial. Several aspects have been modified.

For example, the latest consultation draft will significantly increase the mileage limit of the “Three Guarantees” period of validity to “the duration of repairs for household automotive products shall not be less than 3 years or 60,000 kilometers, whichever comes first; household automotive products. The effective period of the three guarantees shall not be less than 2 years or the mileage of 50,000 kilometers, whichever comes first, and it is clarified that the responsibility for the “three guarantees” shall be borne by the seller according to law. In the new version of the Opinion Draft, it is clear for the first time: "After the seller has assumed the Three Guarantees liability in accordance with the regulations, it belongs to the producer's responsibility or belongs to other business operators, the seller has the right to recover from the producer and other business operators."

The draft version of the new “Three Guarantees” car has extended the date of free returns and increased the reference of mileage.

The latest consultation draft clarified that “home auto products shall be within 60 days from the date of the sales invoice issued by the seller or within 3,000 kilometers of the travel distance, whichever occurs first, and the main parts of the engine and transmission have quality problems. Consumers may Choose a free replacement engine and transmission." The previous version of the request for comments was only 30 days.

In the new draft, it is clear that during the above-mentioned time limit, household car products will have a failure of the steering system, failure of the braking system, cracking of the car body, or fuel leakage. If the consumer chooses to replace the home car product or returns, the seller shall be responsible for free replacement or return. .

In response to the lack of penalties for violations, the “penalties” clause has been specifically added to the new version of the draft. “Specific measures of administrative penalties such as warnings, order corrections, fines of RMB 10,000 yuan up to RMB 30,000, ordering corrections, and promulgating to the public according to law are listed for various violations of the auto three packs regulations, and relevant administrative authorities are clarified. Penalties shall be implemented by the administrative departments of the quality and technology supervision departments at or above the county level within the scope of their functions and powers."

In addition, the difficulties in identifying the more concentrated opinions of all parties are also reflected in the latest draft of the consultation. For example, "AQSIQ may organize the establishment of an expert library for the dispute resolution of domestic automotive products. With the consent of the parties to the dispute, the quality and technical supervision departments at all levels and relevant agencies may select experts to participate in mediation."

Dealers said the pressure of industry insiders generally believe that the revised version of the revised draft of the draft amendments to the more controversial terms, to play a role in safeguarding consumer interests.

But car dealers feel pressured. The owner of a Chery Automobile dealer in Beijing told the reporter that “Car Three Guarantees” is unfair to assign responsibility to the distributors. If the “Three Guarantees” is implemented according to this opinion, the operating costs will be greatly increased and there is also a fear of malicious retreat. Car behavior. "The self-owned brand has been struggling in Beijing last year. If we leave the car, the distributors will be under great pressure," said the responsible person.

“The distributors only implement the manufacturer’s regulations in the circulation, and the quality of the vehicles is a problem. The main responsibility should be on the manufacturer, and the dealers must pay the bills, which is unfair,” said a dealer of Hyundai Motor Co., an automotive trading market in Beijing Asian Games Village.

The relevant person in charge of the China Automobile Dealers Association told the "First Financial Daily" reporter that the United States "Lemon Law" will directly act on the auto manufacturers, rather than dealers, so as to avoid mutual wrangling, but because of China's "car three bags When soliciting opinions, the opinions of the production enterprises were fully solicited, which is unfavorable to automobile dealers with increasing pressure on the capital chain.

“Compared to automobile manufacturers, car dealers are in a weak position and often dare not offend the vehicle manufacturer.” The above-mentioned sources expressed concern that if the manufacturers do not recognize the responsibility, the distributor will become a sandwich between the manufacturers and consumers. "It's easy to push each other again.

In fact, for the Chinese market, where no relevant laws have been introduced, the implementation of the “car three packs” has very high operational and enforcement requirements for distributors and manufacturers, and the game of interests of all parties is also important for years of “difficult births” in the regulations. the reason.

Related

Lemon Laws

It is a consumer protection law in the United States, which is mainly to protect the rights of car buyers. The name of the lemon method originated from an economics paper published by the American economist George Akerlof. Because of this reason, cars that have defects after leaving the factory are often referred to as lemon cars. Or simply called lemon.