[Auto Repair Knowledge]”Beijing Auto Repair Contract” affects the rights and interests of all parties

According to statistics, the number of motor vehicles in this city has exceeded 3.05 million.car repairThere are more than 6,000 enterprises, 543 maintenance companies in the first category, accounting for 8.98%, nearly 2,000 maintenance companies in the second category, accounting for 31.45%, and 3,600 maintenance companies in the third category, accounting for 55.56%.At present, the city has established more than 500 special repair stations for more than 110 brand models. From January to September this year, the city hascarA total of 6.761 million vehicles were repaired by maintenance companies, a year-on-year increase of 40.7%. It can be said that a vehicle maintenance service market structure with vehicle maintenance companies as the backbone, special maintenance business as a supplement, diversified market players, multi-brand vehicle maintenance, and coordinated development of multiple economic components has basically taken shape.

But at the same time, automobile maintenance disputes are also on the rise. According to statistics from the Consumers Association, complaints about automobiles rose by 15.9% last year, ranking third in terms of increase, and automobile repairs accounted for a large proportion.In addition, some maintenance companies also widely exist, including unlicensed and unlicensed operations, and the use of fake and inferior products in maintenance.Accessories, Enlarged failures during maintenance and many other problems. Although some repair manufacturers have signed contracts with consumers, some are very simple. They are just a single document, and the rights and obligations are not equal. After a dispute occurs, both parties cannot provide evidence that is beneficial to them. This increases the number of vehicle repairs. The difficulty of resolving complaints.

In response to the above issues, on November 21, the Municipal Administration for Industry and Commerce and the Municipal Transportation Administration jointly organized relevant persons and experts to hold a public demonstration meeting. The meeting discussed the model text of "Beijing Automobile Maintenance Contract", which was publicly solicited from all walks of life on the website, and representatives of all parties put forward suggestions and opinions on the modification of the model contract. In addition, the reporter also interviewed relevant professionals and asked them to express their opinions.

Consumer Association:

The contract should be more detailed to protect the rights and interests of consumers

First of all, the time for signing the contract is not specified. Consumers send the car to the repair shop to sign the repair contract, or send it to the repair shop for inspection and identification of faults, and propose a plan based on the work, including the repair plan and cost estimates, and then sign the contract . "This is more important. It involves consumers' right to know and the right to choose. It should be more detailed."

The model text penalizes the use of counterfeit and inferior accessories lightly. "This limitation basically constitutes the element of fraud regardless of the contract law and the consumer rights protection law. If it is a fraud, no matter which law is applicable, the compensation will be doubled. And here is only a refund of the maintenance cost."

There is also a maintenance billing list, which contains labor costs and material costs, which should be more detailed to better protect the rights and interests of consumers. In addition, if failures, replacement parts, repair items, etc. are not listed, it is impossible to determine whether it is repaired later. If it cannot be determined whether it is repaired or not, the rights and interests of consumers cannot be well protected.

For motor vehicle maintenance and factory certification, it is now the administrative unit that requires the maintenance organization to issue a certification after the overhaul, but this also involves the agreement of the quality guarantee period. It is estimated that most consumers do not know what their rights are. For example, when it comes to repairing vehicles, most consumers do not know what the warranty period is. The representative of the Consumers Association suggested that this should be more detailed, or according to which regulations of our country, how many, etc., to make consumers more clear about their right to know.

The contract should reflect the characteristics of reciprocity and equivalence. First of all, the consumer said that I paid a commission to repair this vehicle, and the operator should provide maintenance services for it, which should include the quality of the maintenance requirements. The repairer can only be considered as equivalent if the vehicle is repaired, and the consumer's obligation is to pay. If the repair is not good, two more repairs are required, and other manufacturers (parameter configuration library) are required to repair, then who should be responsible for the direct economic loss of consumers, so the clause should focus on this and prompt the repair party Establish a certain sense of responsibility and be responsible to the repairing party.

Owner:

The vehicle repair workshop should be liable for breach of contract

As a car owner, it is very likely that you can only drive without understanding the various principles of the car. Therefore, the secondary maintenance and general contract repairs involved in the contract should not be understood by many car owners. For example, what does the secondary maintenance include? If you don't understand these things, the effectiveness of the maintenance contract will be greatly reduced; it will also be troublesome to implement.