Exceed bid dynamoelectric bicycle
Because its are put in serious and safe hidden trouble
Be called " driveway killer "
Although superintend a branch to start operation of heavy fist punish
But because produce management enterprise to play " hide cat "
Its street spreads the trend still has no effect keep within limits
A profession hits this lawsuit that dummy hits
Can produce awe to concerning a company probably
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1
One profession hits dummy
Buy 15 young bird exceeding bid dynamoelectric bicycle
Sue a requirement to sentence your birdie company to the court " retreat one compensate 3 "
In November 2016, the profession hits Xing Zhigong of citizen of dummy, Taiyuan to be in this city one car was bought all right by birdie car line of business limited company (company of birdie of the following abbreviation) birdie card of production is dynamoelectric bicycle 15, model is TDT293Z (M-2D of bud bud Da) , every unit price is 4100 yuan, money paid for something purchased or received for something sold adds up to 61500 yuan. The car was opened all right " birdie report motor-car is special ticket " .
Experience case birdie is dynamoelectric the bicycle is added along with the car contain manual of certificate of approval, product, aid motor-car to sell (guarantee) the sheet that register, indicate on manual, certificate of approval " executive standard GB17761-1999 " , index of parameter of the technology on the manual is inside national level limits.
Can see from the exterior, experience case is dynamoelectric the bicycle steps without the foot ride luggage buy.
Ever since, xing annals red home remedy entrusts Shanxi to save institute of product quality supervision and inspection dynamoelectric to experience case bicycle undertook detecting. Detect the result shows, top speed, truckload weight, accumulator is nominal the project such as function of voltage, apply the brake is unqualified.
On July 25, 2017, xing Zhigong buys hidden danger of safety of dynamoelectric bicycle existence and unreasonable risk with place, solid be a model " driveway killer car " , violated security of consumer person belongings for authority, sue birdie company to Taiyuan city court of people of division of 10 thousand Berlin, requirement birdie company returns payment for goods 61500 yuan, pay 3 times compensation 181500 yuan.
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After the phone seeks advice from birdie to make work
The other side is informed clearly
A few seconds can remove speed limit
After sueing, on September 28, 2017, xing Zhigong sought advice from personnel of after service of birdie report motor-car through the phone in the light of speed problem.
The personnel after carry out accuses cicada clearly how to remove the method of speed limit, namely: Shut power source first, hold handle of a brake, hold after all; Open power source next, 5 after arriving in 8 seconds, loosen handle, with respect to solution the lock succeeds.
It is phone recording below:
Xing Zhigong: Be birdie after carry out?
After birdie makes work: Where?
Xing Zhigong: Be such, I have motor-car of one car new report, "Bud bud Da " of model, why are first gear, second gear, 3 archives always 23 kilometers / hour?
After birdie makes work: Have " speed limit (device) " , I say to you (the method that solve a lock) .
Xing Zhigong: Oh, "Speed limit " ?
After birdie makes work: You shut power source.
Xing Zhigong: Shut power source.
After birdie makes work: Hold brake handle.
Xing Zhigong: Shut power source, hold brake handle.
After birdie makes work: Or so both sides that aluminous handle, you are held after all.
Xing Zhigong: Hold after all.
After birdie makes work: Open power source, (note: Xing Zhigong presses this operation, the sound that opens supply vehicle is heard in the phone) .
Xing Zhigong: It is to close electric circumstance to fall first, hold handle.
After birdie makes work: Yes. Open power source next.
Xing Zhigong: It is two handle are held, still hold solely?
After birdie makes work: Hold to go.
Xing Zhigong: The handle of the right hand?
After birdie makes work: Hold to go.
Xing Zhigong: Hold, next I press a remote controller again, ?
After birdie makes work: I did not say to want to press a remote controller, hold handle, open power source, next 5 after arriving in 8 seconds, loosen.
Xing Zhigong: 5 after arriving in 8 seconds, loosen. ... 5, 6, 7, 8 loose, this is good.
After birdie makes work: Hum, went, you try.
Xing Zhigong: Yes, good. Thank, goodbye!
After birdie makes work: Goodbye!
The bicycle after timing
Xing Zhigong will remove again the electric motor-car after device to limit speed sends to authority to detect the orgnaization undertakes examining, examine the report shows truckload weight, accumulator is nominal the tower above such as function of voltage, top speed, apply the brake carries out standard GB17761-1999, kill a project especially function of top speed, apply the brake exceeds bid badly.
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3
The court maintains motor-car of experience case report
Overspeed overweights existence safety hidden danger
Support " know a holiday to buy a holiday "
Sentence your birdie company " retreat one compensate 3 "
In case cognizance process, accuser Xing Zhigong also undertook referring to the court as evidence.
Cognizance of 10 thousand court of Berlin division people think, the dynamoelectric bicycle that company of the accused birdie produces is put in blemish, existence makes other suffers person harm and belongings losing risk, and fraudulent action exists in producing course of management report motor-car.
The electric car obligate that produces to the accused place has the action of the device to limit speed that raises car rate, the court thought to also offend a country " technology of dynamoelectric bicycle complement asks " regulation. The personnel after this case makes work with its from accuser communicates in get evidence. Remove car speed is rectified to get promoting substantially after device to limit speed, the danger of the person that increased to drive.
In case cognizance process, birdie company with accuser it is a profession counterplea put forward for the person that make a holiday.
Forensic cognizance thinks, the accused proves without evidence accuser buys motor-car of experience case report is to undertake resell or undertake other management activity, although accuser exists " know a holiday to buy a holiday " case, of the person that current legal laws and regulations is expended without offset buy motive to make restricted set, not will " know a holiday to buy a holiday " consumer eliminates to be in " consumer rights and interests protects a law " besides protective limits, reason the accused about accuser not merit " consumer rights and interests protects a law " of protection exculpatory, without legal basis.
On April 28, 2018, the court enters a judgement, supported prosecutor " retreat one compensate 3 " litigant request: Sentence company of birdie of your the accused to return accuser payment for goods 61500 yuan, accuser returns a motor-car that buy electricity to birdie company; Birdie company compensates for accuser 184500 yuan.
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4
Birdie company raises a:appellant Taiyuan quadrangle with the fact not clear for
Ruling hair answers first trial court to weigh careful
Forensic heavy careful is sentenced again your " retreat one compensate 3 "
Birdie company raises again appeal
Birdie company refuses to obey, to Taiyuan intermediate people court mentions appeal.
On September 26, 2018, taiyuan quadrangle makes civil ruling book: Former first instance adjudicates cancel, send heavy careful. Reason is " ... in this case, whether does the dynamoelectric bicycle of limited company production keep birdie car job in blemish, whether does birdie company exist in the sale con; Xing Zhigong buys experience record for many times whether dynamoelectric bicycle is used at consumption still is other, whether is Xing Zhigong belonged to " consumption " medium consumer, make a thorough investigation of enter a judgement lawfully after afore-mentioned facts. Make a thorough investigation of enter a judgement lawfully after afore-mentioned facts..
? Courts of 10 thousand Berlin division people weigh careful to maintain again: Motor-car of report of experience case birdie is put in safe blemish
Forensic cognizance thinks, the dynamoelectric bicycle that the accused produces is being designed, certain blemish exists on production, have endanger security of other person belongings.
Two when by the country light-duty and electric car reachs center of batteries product quality supervision and inspection to issue when refer according to company of the accused birdie examine in light of the appraisal conclusion of the report, examine the requirement that sample all accords with GB17761-1999 standard to set. But examine also be opposite in the report truckload weight (weight) , the reflector after the foot steps width of travel ability, tire and electric car, side reflector, foot steps reflector to wait for an assess to be unqualified.
Examine according to what accuser Xing Zhigong refers the report shows, electric car is removing after device to limit speed, top speed, truckload weight, accumulator is nominal function of voltage, apply the brake all exceeds national level, the possibility that raised accident happening undoubtedly and damage enlarge gale danger.
? Birdie company is formed in the sale con
Forensic cognizance thinks, the electric motor-car that company of the accused birdie produces is top speed, truckload weight, accumulator is nominal function of voltage, apply the brake all exceeds national level, and not agree with with parameter of product manual technology. Conceal electric car obligate intentionally to have the fact that raises whole speed of a motor vehicle to spend device especially, after seeking advice through consumer, can obtain remove device gets a means, increased the risk when consumer drives greatly.
Did not adopt striking pattern to warn customer in the light of afore-mentioned circumstance the accused, conceal intentionally instead, exist to be publicized phonily, have the action of misdirect consumer. Returning those who need ambitious shift is, the person that sell is con the home remedy behavior that purchaser is the person that sell, purchaser whether know, the person that do not affect a sale is con of behavior form.
? Accuser belongs to consumer
Forensic cognizance thinks, what current legal laws and regulations does not have the person that offset is expended is subjective buy motive to make a provision, also do not have will " know a holiday to buy a holiday " consumer eliminates to be in " consumer rights and interests protects a law " besides protective limits. The purpose of the person that cannot make a holiday because of the profession is to gain profit, the court rejects the litigant request of the person that the profession makes a holiday, what the court protects is legal interest, negative is illegal profit, what rejected product of production, sale gets is illegal profit, hitting what the holiday gets is legal interest, the court protects legal interest, give no cause for more criticism.
On April 26, court of people of division of 10 thousand Berlin makes Taiyuan city try again definitely, still support those who supported prosecutor " retreat one compensate 3 " litigant request: Sentence company of birdie of your the accused to return accuser payment for goods 61500 yuan, accuser returns a motor-car that buy electricity to birdie company; Birdie company compensates for accuser 184500 yuan.
On May 13 afternoon, litigant agent Zhang Xiaogong of Xing Zhigong to " Chinese consumer signs up for " express, he just is learned from court of district of 10 thousand Berlin, birdie company already raised again with respect to this case appeal.
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Outspread read
Dynamoelectric bicycle new GB is carried out since this year April
Beard area base steps speed per hour not to exceed 25 kilometers" standard of technology of dynamoelectric bicycle security " (GB17761-2018) mandatory national level is carried out formally on April 15 this year. New GB elevated dynamoelectric bicycle safe level in the round, speed of highest to car design, truckload power of output of quality, electromotor and must the foot steps the index such as the function, made mandatory requirement. Among them, top speed from the 20 kilometers before / the hour rises to 25 kilometers / hour, highest car rises from 40 kilograms before again reach 50 kilograms. Additional, dynamoelectric bicycle needs to register on card, sale, change his costume or dress not to accord with new GB dynamoelectric bicycle will be punished by gravity.
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