Ji'nan commerce and industry investigated and dealt with automobile sales illegal cases
http://www.dzwww.com/shandong/sdnews/201302/t20130227_8056661.htm
Ji'nan Daily reporter
"all losses caused by the accident, vehicle loss and personnel injury during the test drive are all responsible for the whole department." "When the manufacturer adjusts the product configuration and price, the new configuration and price will be implemented according to the car lift." Have you met these terms in the process of buying a car? In fact, similar instructions in the automobile sales service contract belong to the overlord clause.
last year, the Ji'nan Municipal Bureau of industry and Commerce directly investigated and investigated 12 illegal cases of automobile sales service contract, accounting for about 30% of the infringement of the legal rights and interests of the consumer. Yesterday, the direct branch of the branch will be investigated and investigated last year, as well as consumers will also meet the relevant overlord provisions to be published, hoping that consumers should pay attention to the rights when encountering these Provisions, and call 12315 for the appeal.
the common clause of
"buyer's liability for breach of contract:" the buyer needs to bring the agreed car payment before the purchase of the car. The seller will confiscate the full deposit when the buyer exceeds the contract 3 days during the period of the delivery of the contract, and the seller will confiscate the full deposit when the seller is urged to still not handle the payment of the vehicle. "The dealer receives the subscribe's deposit, after the distributor receives the deposit, this order begins to take effect. The subscribe's deposit can be used as part of the purchase payment. When the contract comes into effect, the dealer does not accept the order when the buyer's reasons are changed or cancelled, and the deposit is not refundable."
Industrial and commercial explanation: These are unequal use of "deposit" performance. Most dealers collect the bookings from the subscriber according to the relevant regulations, and the order contract becomes effective after the dealer confirms receipt of the reservation money. In this regard, the industrial and commercial departments should examine the presence of "pre - deposit" and "predefined gold" in the contract terms, whether "the buyer defaults, the seller does not return the deposit." If the seller breaks the contract, only the buyer's deposit is returned, the liability for breach of contract is not equal.
the common terms of
"no warranty service is not guaranteed by the non designated manufacturer:" the car purchaser may not have any excuse and reason to be displayed or sold outside other dealer's exhibition hall or exhibition hall. Otherwise, our company will investigate its legal responsibility and the vehicle will lose its warranty. " "Vehicles must be overhauled and maintained by the designated vehicle repair stations designated by the manufacturers, and they should be maintained and overhauled at the designated vehicle repair stations designated by the manufacturers on time. Otherwise, the right to protect the car will be lost. " "The scope and mode of warranty for vehicle quality shall be carried out in accordance with the manufacturer's" maintenance manual ". The warranty period will only compensate for the quality problems of new cars.
Industrial and commercial explanation: These are the expressions of "relieving their responsibilities and increasing consumer obligations". "Repair only without compensation" is a typical convention in automobile maintenance industry, which avoids the responsibility of itself and increases the obligations of consumers. According to the product quality law and the law on the protection of the rights and interests of consumers, the products sold have quality problems. The sellers should be responsible for repairing, replacing and returning goods, and the sellers should compensate the loss for the consumers. Therefore, the obligation of the operator is not just a repair, but also a replacement and return, until the loss is compensated. In addition, the ninth law of the consumer protection law stipulates: "consumers have the right to choose goods or services on their own."
makes a common explanation for the seller's explanation of
: "the enterprise has the final interpretation power for the specific contents of the terms of this contract." "The final right to explain this contract is to the seller." "If the manufacturer fails to make timely delivery and other non sales reasons, the purchaser can not pick up the car in time, and the Seller shall not be liable for compensation to the purchaser."
business description: This is the term of the operator to maintain its own rights and interests. When there is a dispute and the two parties have dispute on the form clause, the seller will make an explanation to its own basis on this basis, which may cause damage to the legitimate rights and interests of the consumer. This clause violates the forty-first article of the contract law. Regulations. In addition, the automobile sales contract has not included the cause of the manufacturer and the transportation of the car and ship in the category of "force majeure", and the expansion of the irresistible force is explained, and the liability for breach of contract should be avoided. The
instruction "unidentified" is not responsible for the common terms of
: "no request shall be made to the company on the basis of the data, illustrations and instructions of the instructions in any case." "Although we have done as much as possible to make the instructions complete and correct in this manual, we may not be responsible for any incompleteness or ambiguity of any description." "This manual shows all the equipment and functions of the whole car department, so some of the contents may not be applicable to your car" "the illustrations inside are only a schematic diagram, some details may not be the same as the vehicle."
business instructions: "general guidelines for the use of industrial products" and "general rules for the use of consumer goods" clearly stipulate that the use of the instructions is a part of the product delivered. As one of the subject matter of the automobile sales contract, the manufacturer shall bear the liability of information defect guarantee for the contents of the instructions. Once the consumer operates according to the instructions, causing personal and property damage, the consumers have the right to claim damages from the automobile manufacturer on the basis of this law. In addition, the instructions provided by the automobile manufacturer should correspond to the model of the car. When the instructions are made in a series, the contents and the parameters of different parameters must be distinctions clearly. Otherwise, it violates the general principles of the industrial product instructions, and also violates the knowledge given to the consumer by the consumer protection law. The right to love.