Originally, the reason was not that difficult. You see, if you buy from a car dealer, the condition of the car and the price will not be cost-effective, and the credibility of the car dealer is the lowest in the industry; if you buy from a dealer, the standards are still flexible, and if they are not standardized, it is no different from the car dealer; If you buy it from a 4S store, the condition of the car can be guaranteed, and the price is barely acceptable, but you are afraid that the merchant has his own agenda and has to thank others for the arrangement. So, what kind of tricks do 4S stores with acceptable credibility in the industry play?
1. If the price or configuration of a car changes, the risk shall be borne by the consumer.
Contract content: If the manufacturer adjusts the product configuration and quotation, the new configuration and quotation at the time of pick-up will be applied.
Violation analysis: The quotation or configuration of the car purchased by the consumer should be based on the clear quotation or configuration agreed in the contract, but the above-mentioned standard clauses make special arrangements for changes in the quotation or configuration of the car, making the consumer bear the responsibility that should be borne by the seller. The operational risks are also an act of using standard contract clauses to increase consumer responsibilities.
2. Vehicles sold are “non-returnable and non-exchangeable”, and quality problems are “only repaired and no compensation is paid”
Contract content: The buyer should carefully inspect the purchased vehicle when picking up the goods. Some dissenters pointed out on the spot that after the vehicle is sold, the buyer may not propose a replacement or return for any reason; if there is a quality problem with the vehicle during the quality assurance period, the seller will only provide assistance in repairing it. effectiveness and does not assume corresponding compensation liability.
Violation analysis: Article 40, Paragraph 1 of the "Commodity Quality Law of the People's Republic of China" stipulates that "If the goods sold have any of the following phenomena, the seller shall be responsible for repairing, replacing, or returning the goods; causing loss to the consumer who purchased the goods , the seller shall make up for the loss: (1) The product does not have the performance that the product should have without explanation in advance; (2) The product does not meet the standards for the selected product stated on the product or its packaging; (3) The product does not meet the above requirements. The quality status is indicated by product descriptions, physical samples, etc.
The above-mentioned standard clauses violate the "Commodity Quality Law" and eliminate the seller's legal liability for replacement, return and damage compensation. It also eliminates the right of consumers to terminate the contract and request damage compensation in accordance with the law.
3. The seller is not exempt from liability if an accident occurs during the test drive
Contract content: The test driver should hold a valid driving license and drive calmly and safely. If an accident occurs during the test drive, the test driver shall bear full responsibility.
Violation analysis: Car sellers provide vehicles for consumers to test drive as part of their promotion methods. During this process, the sellers should bear certain operational risk responsibilities. Although consumers need to bear responsibility for test drive accidents caused by their own faults, they are not fully responsible. By establishing this formal clause, the seller transfers the operational risk responsibilities that it should bear to consumers, which violates the provisions of Article 10 (2) of the "Measures for the Supervision and Handling of Illegal Acts in Contracts" and is an aggravated use of the formal clauses of the contract. Consumer Responsibility Act.
4. Unequal liability for breach of contract between the two parties of the business
Contract content: The buyer must notify the seller of the disposal procedures within 7 days after receiving the seller's notice to pick up the car. Otherwise, the seller has the right to confiscate the deposit paid by the buyer and sell the car separately; if the seller cannot deliver the vehicle on time, the buyer has the right to If you choose to terminate the contract, the seller will return the deposit to the buyer, and both parties will not bear any liability for breach of contract.
Violation analysis: First, returning only the deposit when the seller breaches the contract violates Article 115 of the Contract Law of the People's Republic of China, which states that "if the party receiving the deposit fails to fulfill the agreed debt, it shall return double the deposit"; secondly, , according to the agreement in the above format, when the consumer breaches the contract, he will be liable for the confiscation of the deposit, but when the seller breaches the contract, he only returns the deposit (not double the return), and actually does not bear any liability for breach of contract. The liability for breach of contract is obviously unequal, which violates Article 5 of the Contract Law of the People's Republic of China, which states that "the parties shall determine the rights and responsibilities of all parties in accordance with the principle of fairness"; thirdly, the seller has eliminated its own reasons by establishing this standard clause. The liability for breach of contract that should be borne according to law violates the provisions of Article 9 (4) of the "Measures for the Supervision and Handling of Illegal Contractual Activities" and is a typical use of contract formalities to eliminate one's own responsibilities.
It is worth noting that in many terms, the seller will confiscate the advance payment as a deposit, which has no legal basis. If this situation is found when checking the terms, the seller should be required to make corrections.
5. Forced insurance agency and licensing effect
Contents of the contract: The seller is entrusted by the buyer to handle insurance and licensing procedures, and the buyer shall provide active cooperation.
Violation analysis: Article 9 of the "Consumer Rights and Interests Protection Law of the People's Republic of China" stipulates that "consumers have the right to independently choose goods or services" and article 10 stipulates that "consumers have the right to fair transactions."
In the above-mentioned formal clauses, the seller unilaterally forces the consumer to entrust it to handle insurance and licensing procedures, which eliminates the right of independent choice and fair transaction that consumers enjoy in accordance with the law, and violates Article 10 of the "Measures for the Supervision and Handling of Contract Violations" The provision in Item (6) is a typical use of contract formalities to eliminate consumer rights.
6. Private banks expand “force majeure” planning to eliminate liability for breach of contract
Contents of the contract: If the seller is unable to deliver the vehicle on time due to force majeure such as factory supply and transportation, the date will be postponed, subject to the seller's notification, and the seller will not be liable for breach of contract.
Violation analysis: According to the second paragraph of Article 117 of the Contract Law of the People's Republic of China, "force majeure" refers to objective conditions that cannot be foreseen, prevented and overcome. The seller's private expansion of the "force majeure" plan in the above format clauses includes the factory's normal operational risks such as supply and transportation as "force majeure", and then eliminates its liability for breach of contract due to breach of contract. This violates the "Illegal Contracts" The provisions of Article 9 (4) and Article 10 (2) of the "Conduct Supervision and Handling Measures" are a typical use of contract formalities to eliminate one's own responsibilities and increase consumers' responsibilities.
7. Repairs performed by non-designated repair manufacturers do not enjoy warranty effect.
Contract content: The vehicle must be repaired and maintained at a car repair station designated by the manufacturer, otherwise the quality warranty will not be obtained.