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2024-11-21 Update From: AutoBeta autobeta NAV: AutoBeta > News >
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Recently, the owner of the car, Mr. Peng, reported to the media that he had ordered a "Bentley" with a price of 2.93 million and signed a sales contract with the 4S store, but the 4S store suddenly changed its mind, changing the vehicle price from 2.93 million to 3.05 million and the additional optional devices from 250000 to 410000. Mr. Peng said that since he had signed the contract, he should act in accordance with the requirements of the contract, so he thought that it was unreasonable for the 4S store to increase the price.
According to the "1818 Golden Eye" report, in April last year, Mr. Peng ordered an European GT at a Bentley 4S store on the lakeside of Hangzhou. The naked car price was 2.93 million. However, Mr. Peng reflected to the media that the naked car price is no longer the original 2.93 million yuan, but 3.05 million yuan. In addition, the extra option was originally agreed to be 250000, and now it has become 410000. In other words, the naked car price has increased by about 120000. The price of matching has also increased by more than 160000, with an overall increase of nearly 300000.
According to the car sales contract signed by the two sides, the seller is Zhejiang Hebin Automobile sales and Service Co., Ltd., located in Hubin Road, Hangzhou. The contract information has indicated the vehicle model, appearance color, interior decoration and other information. in addition, it also indicates that the price of the naked car is 2936000 yuan, the configuration price is 258289 yuan, and Mr. Peng paid 300000 yuan as an advance payment. The receipt issued by the 4S store indicates that the 300000 is the deposit for the purchase of the car, and the receipt is stamped with the special receipt seal of the 4S store. The contract also stipulates that the contract vehicle is a reserved vehicle and the delivery time is expected to be before August 30, 2022.
So, why did the 4S store suddenly "change its mind" not to perform the contract signed in black and white?
Recently, the sales of the 4S store informed his wife via Wechat that the price of the car would rise, according to Mr. Peng. According to the Wechat voice message provided by Mr. Peng, the salesperson at the 4S store contacted his wife by oral notice on Wechat. And informed Mr. Peng's wife on Wechat that the order for the car he had previously ordered could be placed in February and March, but Mr. Peng needed to reconfigure the car and the guiding price of the vehicle had been adjusted, which was 3.055 million. According to the salesperson, the manufacturer requires more than 410000 of the options to place an order, so Mr. Peng needs to come back to the 4S store to choose the configuration. As for why the sudden price, the other side only said that it was the meaning of the manufacturer. In this regard, Mr. Peng asked the 4S store to fulfill the requirements of the contract agreement. After Manager Huang of the Marketing Department of Zhejiang Hebin Automobile sales and Service Co., Ltd. confirmed the price increase in the oral notice, he stressed to Mr. Peng: this is the behavior of the Bentley manufacturer, but the specific content of the Bentley manufacturer is not convenient to publish. Manager Huang said that the vehicle is an imported car, the manufacturer is in the UK, coupled with the epidemic and other factors, the vehicle price is determined by the manufacturer, they just dealers can not decide.
When consulting Bentley's official website, it only shows some pictures and performance descriptions of this car in Europe, and there is no manufacturer's guiding price and other information. Subsequently, Mr. Peng contacted the customer service of Bentley manufacturers on "whether there is a problem with the rising price of Bentley Continental GT". Bentley manufacturer customer service response: customer service center is not sales, so the price of specific vehicles is not recorded, specifically to consult dealers.
Clearly agreed on the naked car price, configuration price, delivery time and other factors when signing the contract, but 4S stores and Bentley manufacturers suddenly want to raise prices? Mr. Peng said that he really could not understand this practice. However, the 4S store pointed out that it would continue to read the contract.
There is a special note in the car sales contract that shows: "if the vehicle purchased by Party An is a reserved vehicle, there may be many uncertain factors in the production and import of the vehicle." for example, due to manufacturers or suppliers unilaterally adjust production or allocation plans, relevant national policies and regulations, including tax rate changes, may lead to corresponding changes in price and configuration, in which case Party B is also the 4S store. The change notice shall be immediately sent to Party A, that is, the customer, who shall indicate in writing whether or not to accept the change within five days after receiving the change notice. If there is no written reply within the due date, it shall be deemed not to accept the terms of the change, and shall be regarded as the customer's request to terminate the contract and the 4S store shall return the advance payment paid by the customer without interest. Manager Huang said that Mr. Peng had been informed of this information by telephone around June and July last year, and that the written notice was not used because the written notice meant that the contract would be terminated without a reply within 5 days. 4S stores are unwilling to do such a thing from the point of view of customer care.
In addition, there are some default clauses in the contract. If the 4S store fails to deliver the contract vehicle on time or fails to deliver the contract vehicle, the buyer shall have the right to terminate the contract, require a refund of the advance payment, and may also require the payment of liquidated damages at 9% of the agreed vehicle price; however, it is also stated in this article, except for the exemption stipulated in paragraph 6 of Article 3 of this contract. The content of paragraph 6 of Article 3 reads, "if the vehicle purchased by Party An is a reserved vehicle, the manufacturer or supplier may unilaterally adjust the production or cancel the production or allocation plan, and there are many uncertainties in the production and import of the vehicle. For this reason, both parties agree that if the vehicle fails to be delivered two months beyond the latest delivery time, either Party An and Party B shall have the right to unilaterally terminate this contract and return the advance payment without interest."
In this regard, Mr. Peng believes that this article is more or less the same as the so-called special instructions, and he feels that such terms and instructions are unequal to customers.
As there has been no substantial progress since communicating with the 4S store, Mr. Peng also reflected the matter to the Hangzhou Lakeside Market Regulatory Office. As for the "special statement" in the contract, it emphasizes that the unilateral adjustment of the manufacturer and supplier requires the customer to accept the price change, otherwise the advance payment will be returned without interest; while the exemption clause stipulates that the car cannot be delivered two months overdue, it is also the interest-free return of the advance payment. Mr. Peng believes that such instructions and terms are unfair, and businesses have completely evaded their liability for compensation. Mr. Peng pointed out: because the contract also stipulates that if his side fails to fulfill the payment obligation on time, the 4S store has the right to terminate the contract and ask himself to pay 9% of the agreed vehicle price, he believes that the rights and responsibilities of the buyer and seller should be equal.
In response to this, the current market regulatory authorities said they will further investigate the matter.
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