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Recently, Ms. Sun in Nanjing reported to the media that she had booked a car in the 4S store, but on the pick-up date, the 4S store could not take out the ordered car. what happened?

At the end of June this year, Ms. Sun ordered a red Chevrolet from the Milan Automobile Trading Company in Qinhuai District, Nanjing, and paid a deposit of 10,000 yuan. The sales contract of both sides agreed that the expected delivery time was July 20, but on July 18, the 4S store told Ms. Sun that she could not pick up the car on July 20 because of the factory holiday. Finally, the two sides agreed to change the pick-up date to August 20, but Ms. Sun was stood up again.

Ms. Sun said that at that time, the 4S store called to say that the red Chevrolet was no longer produced and could not deliver the car, and asked Ms. Sun to change it to a car of another color.

Ms. Sun is unwilling to change cars, thinking that the 4S store did not deliver the car at the time stipulated in the contract, which is a breach of contract.

On August 19, the media followed Ms. Sun to the 4S store to learn about the situation. Unexpectedly, the staff of the 4S store borrowed the word "expected delivery time" on the contract to say that the estimated time was an approximate time, and it was not entirely certain that the car could be delivered at that time. If there are special circumstances such as out of stock, we will discuss with the customer about the delivery delay.

However, during the communication, it was found that the 4S store also changed the delivery time on the contract, changing July 20 to July 30. Awkwardly, the 4S store only changed its own contract, but Ms. Sun's contract did not change, so Ms. Sun's contract pick up time is still July 20.

As for the change of delivery time, the salesperson said that it meant no harm and had good intentions, but was worried that the red Chevrolet would not be delivered on time.

In response, 4S stores explained that they meant no harm in doing so. "We are also worried that the red car may arrive a little late." The salesperson said.

When asked whether to inform the customer, the staff said that he had not specifically made it clear to the customer that we were worried about the problem and that it would take too long to deliver the car.

Ms. Sun said that the 4S store had lost confidence in this way, so she asked to cancel the contract, get the deposit back, and asked the 4S store to bear the liquidated damages. However, the salesperson has been persuading Ms. Sun to change the car to another color, avoiding the issue of refund. Finally, after negotiation, the 4S store refunded the deposit to Ms. Sun. as for the liquidated damages, the 4S store said it would give Ms. Sun an answer within a week.

How to understand the "estimated delivery time" in the contract? The lawyer said that "estimated time" does mean "uncertain time" and that consumers should avoid using such words when signing contracts. If the term "estimated time" has been used in the contract, the consumer can send a written notice to the merchant to reschedule a clear delivery time after the expected delivery time expires. "this time should give the merchant a reasonable time limit, such as 7 days or 15 days. If it cannot be delivered at this time, the merchant will constitute a breach of contract. " The lawyer said.

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