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The unresolved automobile "Three Guarantees" regulations were introduced in a low profile.
Yesterday (January 15), AQSIQ issued the “Rules on the Responsibility for Repair, Replacement, and Return of Household Automotive Products†(hereinafter referred to as “Three Guaranteesâ€) on the official website, which will be implemented on October 1.
“The automobile recall regulations have been implemented and the “Three Guarantees†regulation for automobiles is about to be promoted. This is a good thing for the improvement of the consumer market. The most important thing is to achieve a balance among all parties.†Executive Vice President and Secretary General of China Association of Automobile Manufacturers Dong Yang said in an interview with reporters recently.
The reporter interviewed some auto companies and distributors, and most people believe that the specific requirements of the "Three Guarantees" regulation are not difficult for most companies to implement. Some car dealers also said that they do not worry about implementation problems but instead they are worried that consumers will not accept them after implementing the “Three Guarantees†regulations.
Dealer is the first responsible person
Prior to the introduction of the “Three Guarantees†rule, consumers often faced the embarrassing situation of “when no warranty was issued and no return†when encountering vehicle quality problems. In 2012 alone, there have been many protests by collective owners protesting rights in various parts of the country.
Yang Hong, deputy director of the AQSIQ Product Quality Appeal Complaint Processing Center, said in an interview with reporters that since 2011, complaints about automobiles have gradually been ranked first, and even recently it has continued to increase. At the second session of the China Automobile Service Conference held recently, she stated that after the introduction of the “Three Guarantees†regulation, the momentum may be more prominent in a period of time because consumers think that there is a basis for this, and they can use “threeâ€. "Package" provisions to solve the problem.
In the "Three Guarantees" regulation, it was first clarified that the first responsible person was the seller, that is, the car dealership.
In response, Qiu Baochang, director of the Beijing Huijia Law Firm, said in an interview with reporters that although the seller is the first person responsible for the “Three Guarantees†rule, many of the seller’s actions are subject to the manufacturers. If the current "Brand Sales Management Measures" is not revised, it may lead to problems with unclear rights and responsibilities when dealing with "Three Guarantees" disputes in the future. This is due to the division of responsibilities between manufacturers and sellers. At present, car dealers are "responsible and have no rights," while manufacturers are "have responsibilities and have no obligations."
Qiu Baochang suggested that the "three guarantees" policy for cars issued only by "regulations" may encounter different opinions from law enforcers and developers in the actual operation process. If the regulations can be raised to "regulations," or they can be avoided. This problem.
Dealer: It is not difficult to perform
“With this provision, we will become even easier in the process of dealing with practical problems.†A person in charge of a joint venture brand dealer in the Beijing area told reporters that he would implement the “return†commitment within the “three guarantees†deadline. Not a difficult matter.
According to the “Three Guarantees†provision, the period of “carriage repair period†for family cars shall not be less than 3 years or 60,000 kilometers. During the warranty period, if there is a problem with the quality of the product, it can be repaired for free. Each time the repair takes more than 5 days, the customer should be provided with a spare car or compensated by reasonable transportation expenses. Within 2 months or within 3,000 km of a car, the engine and transmission with quality problems can be replaced for free, and serious quality problems can be changed or returned for free.
The “three guarantees validity period†is not less than two years or the mileage of 50,000 kilometers, whichever comes first. In the “three guarantees validity periodâ€, if they meet the stipulated return and replacement conditions, consumers can use the “three guarantees†vouchers and car purchase invoices to go through the return and exchange procedures. If the repair time for product quality issues exceeds 35 days, or if repairs are accumulated more than 5 times due to the same product quality problems, consumers may change the car with the three-pack voucher and car purchase invoice.
"Achievement of the "Three Guarantees" requirement is completely free of problems. On the contrary, if we completely handle the problem in accordance with the 'Three Guarantees' requirement, whether consumers can accept it is the key issue," said the dealer.
The “Three Guarantees†regulation also requires that consumers have the option of replacing or returning automotive products in the following cases: First, two repairs have been performed due to serious safety performance failures, and serious safety performance failures have not been ruled out or new serious problems have emerged. Failure of the safety performance; Secondly, after the engine or transmission is replaced twice in total, or the same main parts of the engine and transmission are not properly used due to their quality problems after two replacements, the number of replacements of the engine, transmission, and main parts is not Repeated calculations; Finally, the same main parts of the steering system, brake system, suspension system, front/rear axle, and vehicle body cannot be used normally after two replacements due to quality problems.
The above-mentioned dealers believe that, based on past experience, within the “three guarantees†period, the probability of the above situation for new vehicles is not great.
The core of execution is "justice"
In order to promote the implementation of the “Three Guarantees†Regulations, the national standard “Types and Types of Main Components for Three-Packs of Household Automobile Products†has also been solicited for public comment. In the eyes of people in the industry, how to determine the vehicle quality appraisal organization is the key to the implementation of the "Three Guarantees" policy.
“At present, all focuses are on fault confirmation.†A person who has long been engaged in car rights protection told reporters that the establishment of a testing agency and its impartiality are the core of the effective implementation of the “Three Guarantees†regulation.
The above person suggested that monitoring equipment should be equipped with 4S shops after uniform standards. For example, a qualified 4S shop can apply to the local quality inspection department to enter the inspection agency list. Consumers can choose the 4S shop to perform fault detection on this list. However, some testing instruments are expensive and their popularity is still a problem.
The reporter found that the "Three Guarantees" regulations formally promulgated had some changes compared with the previous draft. The most obvious change is Article 34, which states that “the provincial-level quality and technical supervision departments can organize the establishment of a technical consultancy database for the dispute settlement of domestic automotive products, and provide technical advice for dispute resolution; The technical consultants participate in the dispute handling, and the consultation fees for the technical consultants are negotiated between the parties. "At the same time, the operators and consumers should cooperate with the quality and technical supervision department in the construction of the technical consultation department of the domestic automobile products Three-Package Liability Dispute Handling Technology Consultant, and recommend technical consultants. , provide necessary technical advice."
Compared with the consultation draft, this clause clarifies that both consumers and operators have the obligation to assist the relevant departments in establishing a consulting staff base, which reflects a more democratic and scientific nature. However, the above-mentioned sources believe that it is difficult for ordinary consumers to recommend experts to the expert bank during the actual operation.