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Volkswagen Tuyue new car overdue delivery the owner returned the car was asked for 10,000 liquidated damages

2024-09-08 Update From: AutoBeta autobeta NAV: AutoBeta > News >

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At present, the global automobile market is still in a state of "lack of core", so there is a lot of uncertainty about the delivery time of new cars. Recently, Mr. Zhang, a consumer in Fuzhou, reported to the media that he ordered a Volkswagen Tuyue car at a price of about 170000 yuan and paid a deposit of 10, 000 yuan. Mr. Zhang has been concerned about the delivery of the car since the car was booked. However, a month after the deposit was paid, the 4S store failed to deliver the car on schedule, so Mr. Zhang wanted to cancel the car, but the 4S store received the deposit and failed to deliver the car on time. On the contrary, he asked Mr. Zhang to pay $10,000 in liquidated damages.

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According to media reports, Mr. Zhang ordered a Volkswagen Tuyue at SAIC Volkswagen on November 1. The 4S store said it could pick up the car within a month, but the 4S store could not deliver the new car by the end of the month. Mr. Zhang said: the 4S store delivered the car on time, and did not tell what caused the car not to be delivered on schedule. It simply said that the manufacturer had not yet delivered the car. Before that, the 4S store promised to pick up the car within a month, so it chose to book the car here. As a result, the 4S store could not deliver the car on time, and it could not give a clear answer to the exact pick-up time, which made Mr. Zhang very dissatisfied. Mr. Zhang proposed to the 4S store to return the car to the deposit request, but was rejected by the 4S store, and was asked for 10,000 liquidated damages.

As for Mr. Zhang's statement of picking up the car within a month, manager Tian of the sales department of the 4S store explained: there was no promise.

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According to the contract signed by both parties, the time to deliver the vehicle is about one month, not within one month. Then the person in charge of the marketing department said: after inquiry, the vehicle ordered by Mr. Zhang has been sent out and is currently in transit. According to real-time logistics information, the car has been sent out from Jiangsu on December 6 and is expected to arrive at the 4S store on December 13.

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As for the return of the car, the car sale contract shown by the 4S store states that the deposit is non-refundable. Lin, the manager of the marketing department, said: if Mr. Zhang wants to return the car is a unilateral breach of contract, he needs to compensate the 4S store 10,000 yuan in liquidated damages. In view of the breach of contract damages for the failure to deliver the new car in one month, the relevant lawyers in Fujian said: under normal circumstances, the 4S store should give a clear delivery time limit. According to the saying that the 4S store should pick up the car in about a month, the pick-up error should not exceed a week, but there is no clear legal stipulation, and if the buyer requests to terminate the contract and the merchant has delivered the goods, the merchant can ask the buyer to bear the relevant losses caused by delivery. In addition, with regard to the 'non-refundable deposit' clause marked in the contract, it shall not be affected.

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Finally, after negotiation, Mr. Zhang reached an agreement with the 4S store. Mr. Zhang decided to wait for a new car on the way and is expected to pick up the car at the 4S store on December 13.

As for the general delay in the delivery of new cars has a lot to do with the shortage of chips, lack of core leads to production reduction, reduction of vehicle allocation, and postponement of new car delivery is the norm in the automobile industry this year. Due to the wide variety of chips, the lack of any key chips in cars can not be produced normally, and the global automobile industry is under pressure to stop production and reduce production, which leads to a serious backlog of orders, and consumers' pick-up and waiting dates are affected to a certain extent. According to data provided by AFS, as of December 5, due to the shortage of chips, the global auto market has lost a total of 101.22 million vehicles this year, of which China has reduced production by nearly 2.15 million due to lack of cores or production.

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In addition, under the pressure of lack of core, many car companies have to adopt the scheme of "reduced delivery" of new cars. Since the first half of this year, the auto industry has reduced the number of new cars due to lack of cores. In April this year, General Motors announced that fuel management modules would no longer be installed on 2021 pickups. At the end of May, the Peugeot 308 model will cancel the full LCD digital meter, and in June, brilliance announced that the BMW 330Li xDrive M sports Sunday night set model would cancel the standard mobile phone wireless charging / Wi-Fi hotspot / digital key, and the BMW 330i M sports Sunday night set model would cancel the digital key option. In the second half of the year, the frequency of core mismatch becomes higher. In early October, Mercedes-Benz announced that it would no longer guarantee full configuration for all new cars; in November, several GM models removed seat heating, seat ventilation and steering wheel heating; and in December, Toyota also announced that it would use defective parts to ease chip shortages and rising costs caused by raw materials.

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At present, the shortage of chips is the key to the difficulty of automobile production and delivery. in December, the global shortage of automotive chips is still serious. at present, the automotive industry is still worried about the shortage of automotive chips, and the major influencing factor is the epidemic. Industry insiders said: as domestic chips gradually play a substitute role, the lack of cores in the domestic automobile industry will be significantly improved in the first quarter of next year.

Finally, I would like to remind you that in the environment of lack of core, there is a lot of uncertainty about the delivery time of new cars. Both consumers and sellers should reflect a clear delivery time in the contract when booking a car. Vague agreements can easily lead to disputes and unnecessary trouble.

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