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and many people were annoyed. In the absence of many coordination, consumers noticed that they had been caught in the trap of contracts, and almost all articles were beneficial to sellers.
according to the statistics of the China Consumer Association, the third quarter of this year, the national consumer associations at all levels have accepted 3549 complaints from automobile consumption, up 46.2% over the same period last year. Automobile consumption disputes have become a hot spot of consumer complaints, which is mainly reflected in the dispute of purchase contracts.
located in the eastern coastal city of Zhejiang, Taizhou has a well-developed private economy, and the per capita car ownership ranks the highest in China. At present, Taizhou is implementing the model version of automobile sales contract, which is expected to guide consumers to avoid the long term "overlord clause" of automobile consumption.
in June this year, the Luqiao district industry and Commerce Branch of the city of Taizhou has carried out a comprehensive inspection of the current automobile sales contract, and found that the automobile sales enterprises generally adopt the form clause form to conclude the car sales contract. The car person's responsibility, the exclusion of the rights of the car buyers and other phenomena. Therefore, it is necessary to strengthen the supervision of the standard terms of automobile sales contracts, so as to safeguard the legitimate rights and interests of the vast number of automobile consumers.
survey shows that all automobile sales companies sign the contract of auto sales through the form clause. Each company is predrawn the contract content in advance, printed the contract text, only form the form of the model, price and quantity, only the car buyer has the right to accept the contract terms, without the right to negotiate the amendment. Li.
at the same time, the contract texts used by automobile sales enterprises are varied and diverse. The simplest contract is a settlement list, which only makes a simple agreement on price, vehicle type, agency fee, insurance premium and so on. There are no other terms. The contracts formulated by the auto 4S stores such as Mercedes Benz, BMW, Lexus and so on are more detailed and specific, and there are many provisions. Besides, most of the contract terms are about ten, and the content is simple. In the actual automobile sales process, the utilization rate of the demonstration texts made by the government departments is not high. In 2005, the Taizhou Municipal Industry and Commerce Bureau formulated the "Taizhou automobile sales contract" demonstration text and promoted it. But judging from the survey, the use is not ideal. Only one automobile sales enterprise adopts the model document of Taizhou automobile sales contract as the contract text.
"chaos" under the purchase contract disputes occur frequently. From the point of view of the dispute settlement, the car buyers and the car sales enterprises generally tend to settle the contract disputes by mediation way. The mediation method includes the negotiation between the operator and the consumer, the mediation of the industry and Commerce Department, and the social mediation. In terms of the contract disputes mediated by the industrial and commercial departments, the disputes on the contract of automobile sales are mainly concentrated on the disputes of price increase, the dispute of the delay in delivery, the dispute of product quality, the return of the deposit or the advance payment, the failure of the oral commitment to cash the dispute and so on.
more than 90% contract hidden trap
"what is there to buy a car contract? A pink paper, the word is handwritten, simply indicate the model, color, price, the date of the car, and so on, there is a dispute, not the seller said the calculation." Miss Chen, a Taizhou citizen who has just bought a car order, told reporters.
Taizhou industrial and commercial departments have examined 437 auto format contracts for 391 automobile sales, maintenance and maintenance enterprises in the city, and the contract has accounted for more than 96%. Industry and Commerce Department said that the current market for the purchase of car contract terms are too simple, many languages are vague, once a dispute, it is difficult for consumers to protect their rights and interests.
the Taizhou Municipal Security Commission has received such a complaint: in the sales contract of a car trade company, not only is it mandatory for the consumer to enter the household registration formalities, but the penalty penalty is also set by the seller unilaterally, exempt from the liability for breach of contract, even the delivery time, the amount of the deposit, and the amount of the contract. There is no agreement on contract modification and dissolution and dispute settlement. The other's contract is more overbearing. Not only does it stipulate the compulsory insurance for consumers, but also the time of delivery of car vehicles on the cards, it has the suspicion of forcing other matters, even stipulates that the vehicle has problems, and also compelled to continue to perform the contract.
car purchase contract is difficult to standardize "compulsory consumption"
in the investigation, it is found that the bundling insurance in automobile sales has become the "hidden rule" of the car market. Generally speaking, the dealer's car insurance is obviously higher than that of the consumers themselves. To this "latent rule", consumers can not use effective contracts as weapons to protect their own rights and interests.