Re: 90% multi contract hidden traps car consumption need to be on guard
new version of the contract"
on the basis of reference to the relevant state ministries and commissions, Taizhou industry and Commerce Department explore from the standardization of the car sales contract, the rights and interests of consumers to be fixed in the form of normative text. After several months of operation, the effect is good. In the new version of the automobile sales contract, the Taizhou Municipal Industrial and commercial department has made corrections to seven common problems. These phenomena are universal in the whole country.
problem 1: liability for breach of contract is not equal. In the original contract, only the buyer's liability for overdue lifting of the car did not mention the seller's liability for overdue delivery, which belonged to the "unequal liability for contract breach of contract". The amended contract stipulates that the seller should pay a certain proportion of the breach of contract in the time of overdue payment, and the buyer may request the termination of the contract if the vehicle is not paid for a certain period of time.
problem two: new car quality problems "only repair no compensation." According to the "product quality law", the products sold have quality problems. The seller should be responsible for repairing, replacing and returning goods. The seller should compensate the loss for the consumer. The spirit of the
law will be reflected in the new contract. The old version of the car contract is basically written, the car has a problem "only repair", and the revised terms, the dealer is required to provide more than two maintenance and maintenance outlets identified by the manufacturer for consumer choice. In case of special circumstances, the two parties will settle the problem by negotiation.
problem three: expand the scope of force majeure without authorization. Force majeure is an objective situation that cannot be foreseen, unavoidable and insurmountable. Some automobile contracts include "factory reasons", "declarations" and "weather" in the scope of "force majeure", and shirk responsibility. The scope of the "force majeure" shall not be expanded without authorization in the revised standard contract terms. Once a breach of contract, the other party shall bear the liability for breach of contract.
question four: when the lift is raised, who takes the cost? Signed a car purchase contract, but when the manufacturer raises the price, what does the dealer do is "follow the price". In fact, this is the dealer's unilateral change in the price of the car. After the regulation, the "unequal treaty" must not be repeated. When the price is signed, what is the price of the car when the car is raised? Question five: the delivery time of the vehicle is vague. In many old contracts, the delivery time of the vehicle is very vague, and it will not be explicitly written into the contract. This becomes an excuse for the dealer to delay and change the time of delivery at any time. After the specification of the automobile contract, the time and place for the delivery of the vehicle must be clearly defined.
question no. six: did not mention the injury of the car, who is responsible? If you press the "overlord contract", it is the consumers who are unlucky. In fact, the establishment and transfer of the real right of movable property usually takes effect only when it is delivered. The contract stipulates clearly that as long as the vehicle has not been delivered, the liability for vehicle damage shall be borne by the distributor.
problem seven: Seller's "final interpretation right" can not be used. The old version of the contract usually ends with the phrase "the seller has the final say for the specific contents of the contract". This has largely blocked the path of consumer rights protection, and has given the sales enterprises the freedom to move around.