Introduction

Today, I saw an interesting news article.

Xiao Ding purchased an Li Auto L6, costing around 260,000 yuan, and she said that there was a problem with it on the 9th day after purchase. When she took it back to the store, she was told that the motor needed to be replaced.

Xiao Ding believes that the motor is a significant component and according to the "Consumer Protection Law," she should be able to exchange the car within 60 days.

Li Auto informed her that the significant component mentioned in the legal provisions is the engine, not the motor.

In the spirit of responsibility, I have compiled the relevant laws and regulations for everyone.

Under what circumstances can a newly purchased car be returned or exchanged in its entirety?

Currently, the laws and regulations related to car returns, exchanges, and warranties include the latest "Regulations on the Liability for Repair, Replacement, and Return of Household Automotive Products" (hereinafter referred to as the "Automotive Three Guarantees Regulations"), which came into effect on January 1, 2022.

There are three scenarios involving return and exchange provisions:

1. If the following problems occur within 7 days of purchase, according to Article 22 of Chapter 3:

If the household automotive product needs to replace the engine, transmission, power battery, driving motor, or its main components due to quality issues within 7 days from the start of the three guarantees validity period, the consumer can choose to replace the household automotive product or return it with the purchase invoice and three guarantees certificate.

The seller shall replace or return it free of charge.

2. It needs to meet both conditions within 60 days of purchase or within 3,000 kilometers of driving.

According to Article 23 of Chapter 3:

If there are quality issues such as steering system failure, braking system failure, body cracking, fuel leakage, or power battery ignition, the consumer can choose to replace the household automotive product or return it with the purchase invoice and three guarantees certificate.

The seller shall replace or return it free of charge.

3. During the validity period of the three guarantees.

According to Article 24 of Chapter 3:

(1) If the same severe safety performance failure has been repaired twice but the failure has not been eliminated or a new severe safety performance failure has occurred;

(2) If the engine, transmission, power battery, driving motor have been replaced twice due to quality issues but still cannot be used normally;

(3) If the same main components of the engine, transmission, power battery, driving motor, steering system, braking system, suspension system, transmission system, pollution control device, and body have been replaced twice due to quality issues but still cannot be used normally;

(4) If the cumulative repair time exceeds 30 days due to quality issues or the same quality issue has been repaired more than four times.

Note: The three guarantees refer to the responsibility for the repair, replacement, and return of automotive products; the validity period refers to Article 18, stating that the validity period of the three guarantees for household automotive products shall not be less than 2 years or 50,000 kilometers, whichever comes first; the warranty period shall not be less than 3 years or 60,000 kilometers, whichever comes first.

If you encounter the above situations where the car can be exchanged, how do you go about protecting your rights?

1. Propose a request for return or exchange to the dealer

According to the three guarantees law, your object of rights protection should be the dealer from whom you purchased the car. Clearly express your reasonable demands to them and also call the manufacturer.

ps: Of course, the final losses will still be borne by the manufacturer, but that is their matter.

However, under pressure from the manufacturer, the 4S shop may constantly argue with you to minimize losses.

2. What if the dealer intentionally delays?

Don't worry about the dealer intentionally delaying the process, as Article 28 of Chapter 3 of the three guarantees law is there to support you.

Article 28: During the validity period of the three guarantees, if the seller receives a request from the consumer to replace the household automotive product or return it, they shall respond to the consumer within 10 working days from the date of receiving the relevant request.

If it does not meet the conditions for replacement or return, the reasons should be stated in the response.

If there is no response beyond this time, you can file a complaint with the industrial and commercial department, which can impose a fine of up to 500,000 yuan on them according to Article 56 of the "Consumer Protection Law."

This puts pressure on the dealer and is a weapon for you to safeguard your rights. Once you have this card in your hand, you should make the opponent wary, but avoid using it lightly until the last resort, and try to negotiate primarily.

Protecting your rights should be based on the three guarantees law, and reasonably put forward your demands (of course, don't ask for exorbitant prices) to fight for your rights.

Li Auto's implicit message that the motor is not considered a significant component implies that they will not replace the car for consumers.