China Consumers Association reminds to prevent the unfair format clause in the field of automobiles and auto insurance

Xinhua News Agency, Beijing, September 28 (Reporter Zhao Wenjun) After the vehicle purchased by consumers is delivered, does the operator bear the quality guarantee responsibility? When the operator defaults, is the deposit double back? The China Consumers Association issued a review of unfair format clauses in the automotive and auto insurance field on the 28th to remind consumers to pay attention to prevention.

Some format clauses exclude the operator's responsibility for quality guarantee responsibility for hidden flaws. For example, the clause indicates that "the acceptance of the vehicle should be performed at the time of delivery at the time. Party A (consumer) should be carefully inspected and confirmed. After it was found, it was found that Party B was not responsible. "

The China Consumers Association reminds that the quality defects of vehicles are divided into appearance flaws and hidden defects. Regarding the appearance flaws, consumers pass carefully and meticulously during the delivery of the vehicle, and can be found with the naked eye observation. However, for the hidden flaws such as the performance and quality of the vehicle, the format clause stipulates that Party B shall not bear the responsibility. The guarantee responsibility is an unfair format. The operator has the liability for quality defects for the vehicle sold by it. Consumers have the obligation to inspect. They shall test the vehicle in a timely manner and notify the operator of the quality objection.

Some format clauses exclude the responsibility of sharing double deposits when the operator defaults to the contract. It agrees that consumers do not perform the contract without the right to request the return deposit, but the operator does not perform the contract but does not need to refund the deposit, and does not bear the liability for compensation for any breach of contract. The China Consumers Association prompts that the deposit has a guarantee function and shall be responsible for the deposit penalty of the breach of contract. This format clause is exempted from the responsibility of the operator's default and excludes the right of consumers' request for default damage compensation.

In the compensation processing, according to the proportion of the accident liability of the driver of the insurance vehicle in the accident, the liability for compensation is based on the agreement to reduce the responsibility of the insurance company. The China Consumers Association prompts that the claims of vehicle loss insurance and third party liability insurance shall be confused in accordance with the terms of the liability. The legal rights of the insured request for compensation for compensation are excluded, and the insurer's liability for compensation is exempted or reduced. During the insurance liability period, if the two or other parties within the scope of the insurance liability scope of the insurance vehicle causes the vehicle to lose the vehicle, if the insured is determined by the public security traffic management department The right to claim the damage compensation also has the right to choose to claim to the insurer the right to claim the insurance deposit item.

[Editor in charge: Liu Xiaodong]

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