AutoBeta(AutoBeta.net)06/23 Report--

Xi'an Star Mercedes-Benz has another oil leak in its new car that continues to cause concern. On June 12, the owner Mr. Wang bought a new Mercedes-Benz E-class car in Weinan Branch of Xi'an Star. It broke down while driving at high speed and got off to take a look at the oil leak. To the surprise of the car owners, the 4S store did not repair or test, and asked for a refund directly, but the premise was to sign a confidentiality agreement to keep the vehicle fault information confidential, and Mr. Wang had to pay 400000 yuan in liquidated damages once the leak was made. Mr. Wang felt that something was wrong, so he did not sign the confidentiality agreement. The two sides also entered a tug of war.

According to media reports on June 22, Mr. Wang said that despite the intervention of the industrial and commercial department, it was always difficult for him and Weinanli Star to reach a consensus. "I asked a third party to test, and on the 18th, they also agreed to organize our mediation, but they backed out the next day and had to be tested in their 4s store." Weinanli Star responded that the company never agreed to conduct testing in a third party, at least without signing it.

After the oil spill, Xi'an Lizhixing Weinan Branch proposed to buy back the problem car, and the repurchase price increased from 460000 yuan to 505000 yuan, but Mr. Wang disagreed. "(4S store) asked me to sign a confidentiality agreement, once I sent (relevant information). I have to pay 400000 yuan in liquidated damages. I don't trust them, and the third party is fair. I just want to see what the problem is."

Event Review:

In March this year, Mr. Wang bought a Mercedes-Benz E300L in Weinan Branch of Xi'an Star, at a total cost of 460000 yuan, which has driven more than 7000 kilometers so far. Mr. Wang said that while driving on the highway on June 12, the right front of the vehicle began to wobble, suddenly "bang" and then walked more and more trembling. After getting off the highway, he lay down under the right front wheel and saw that the wheel was full of oil.

After the vehicle drove to the 4S store, the store staff said that the car could be towed to Xi'an head office for maintenance. Mr. Wang immediately disagreed, thinking that the new car did not drive long before there was an oil leak, and the 4S store should first test whether the vehicle left the factory to see if there was something wrong with it, rather than repairing it directly. Mr. Wang also said that I was right in front of me for maintenance in Weinan. I could know what the problem was. I just wanted to know what was going on and how the oil spill happened after driving 7000 kilometers for three months.

According to Mr. Wang, he came to the store again on June 13 and tried to expose the incident of car oil leakage and no one in the store through a live webcast, but was stopped by the 4S store leader. The 4S store immediately came up with a new solution to repair the car and give it some compensation. Mr. Wang did not agree. He wanted to say that there was something wrong with the car when it left the factory, or a problem car or a used car.

Immediately, the 4S store proposed "private". Mr. Wang said the store said it could buy back the car at the original price, but only if he signed a "settlement and confidentiality agreement" for a refund. According to the terms of the agreement, Mr. Wang will be required not to have any form of complaint, not to disclose information about this incident to a third party, and will have to pay 400000 yuan in liquidated damages if he violates the confidentiality agreement.

Mr. Wang revealed that the opening price of 4S store rose all the way, quickly rising from 460000 yuan at the beginning to 505000 yuan. Mr. Wang felt very worried and did not agree to sign the agreement.

Mr. Wang asked to entrust a third-party agency to test the vehicle, "I don't believe them, the maintenance of the new car oil leak is over?" Why is the new car leaking oil? Shouldn't you give me an explanation? The third party is very fair, I just want to see what the problem is. "

After 10 days of negotiation, even with the intervention of the industry and commerce department, the two sides still did not reach an agreement. The third-party testing requested by Mr. Wang did not agree to the 4S store. The 4S store said in a statement that Mr. Wang was requested to authorize our company to conduct a formal test and then provide a targeted solution according to the test results.

Some lawyers said that product testing is not a necessary way to solve quality problems. "there are some problems, in fact, manufacturers can make a judgment by virtue of their own general inspection. At this time, if they want to solve the problem, there is no need for testing, whether it is self-testing or third-party testing. However, once the two sides are unable to resolve the dispute on their own, when it comes to the determination of responsibility, it needs to be tested. At this time, both parties should jointly entrust a third-party agency to carry out testing in order to ensure the fairness and fairness of testing. However, manufacturers often refuse third-party testing and use their own status advantages to oppress consumers to compromise and accept self-testing by manufacturers, which is lack of fairness and unfair to consumers. " He said that in the current judicial practice, for professional and technical issues such as testing and identification, both parties jointly entrust or agree that judicial organs entrust a third party to carry out identification and testing, and this practice has been widely used. The practice of individual entrustment or self-appraisal by one party to the dispute obviously violates fairness and impartiality.

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