? Bell of hundred of the Qin Dynasty of net of operation business finance and economics / civil
Product quality problem is more than a day, more such to car look forward to, how to once produce a problem,remedy make the important standard that measures car company. A few days ago, net of operation business finance and economics understands, because Beijing contemporary car is subordinate be involved in of spontaneous combustion of car of a contemporary name graph a lawsuit, although submit several data early or late, but the result makes a person regretful.
As we have learned, accuser is called Deng Yunfei, it is person of peaceful county of the Gansu Province, in agency of Beijing modern company Qing Yang added up to grand car to sell limited company on May 11, 2017 (the following abbreviation joins grand company) bought car of a contemporary name graph, after a year, this car produces spontaneous combustion, accuser Deng cloud flies for many times to add up to grand company to negotiate compensatory matters concerned with the accused after, but all do not have a result, then to forensic to lodge a complaint, beijing is contemporary join grand company with agency 3 person the big play with a ceaseless drag is performed.
Accuser Deng Yun Fei expresses, its added up to grand company to pay to the accused through mortgaged means that day head pay, and lawfully pay car purchases duty. On May 23, 2018 1 when 42 minutes, this car place gets the better of fragrant town in bully state city spontaneous combustion happens when Xin Guanglu, call the police to group of fire control of public security of bully state city then, fire control group drives the spot to put out a fire not if really, this car by burn down. Accident of fire of group of fire control of public security of city of immediately bully state maintains a book, on fire place is located in car forehead, on fire reason can eliminate be struck by lightning, smoking, play with fire, manufacturing operation, electrostatic the possibility that causes fire, do not eliminate car forehead electric equipment malfunction causes fire. Deng Yunfei says to grand company closes to negotiate compensatory matters concerned with the accused for many times after Ceng Qian, but cannot get reasonable processing result.
Deng Yunfei says, car reachs his in the accused according to the accused regulation concessionary trade department undertakes maintaining maintaining, assure in quality in vogue of hair unripe fire inside deadline, and never have any damage the behavior of this car, according to " law of liability of tort of People's Republic of China " and " standard of quality of product of People's Republic of China " relevant provision, because the product puts those who damage in blemish to cause belongings of person, other, the victim is OK the generator seek redress to the product, OK also the sell person to the product seek redress. Because this asks Beijing is contemporary,reach company adding up to grand to recoup the money that buy a car one hundred and eight thousand four hundred yuan, car purchases duty ten thousand eight hundred yuan, add up to one hundred and nineteen thousand two hundred yuan, submitted relevant proof data at the same time.
Nevertheless, agency adds up to grand company not to approve this kind of statement, argue of company adding up to grand says:
When case car leaves factory, 1. experience examines via the manufacturer, each safety performance is all and eligible, nonexistent any quality problems;
2. the accused adds up to grand company and Shaanxi red to establish river car to sell service limited company to sign " cooperative agreement " , experience case car also is the accused adds up to grand company to establish river car to sell a service to limited company is purchased and sell to accuser Dengyun flies from Shaanxi red, in whole sale process, the accused joins grand company nonexistent any fault;
After 3. accuser buys a car, had produced bigger cause trouble, the car a replacement that accumulative total changes amounts to 37 place, the headlight before car, before lamp of drive a vehicle of fog lamp, daytime, the circuit system such as radiator frame undertook maintain or changing, repair charge to amount to more than 10000 yuan, and be in blame appoint repair a factory to had undertaken maintaining to system of car forehead circuit, the reason of car happening fire cannot exclude accuser oneself account.
Place of car of 4. experience case gets the better of fragrant town in bully state city spontaneous combustion happens when Xin Guanglu, group of fire control of public security of bully state city makes fire accident hold a book, should maintain a book to just be reached from affirmation deny two respects gave out two kinds of possibility, did not give the reason that gives car on fire clearly, also cannot prove because blemish of itself existence quality is brought about,car happening fire is.
Modern corporation argue says, accuser refers " fire accident holds a book " blemish of existence of car of indemonstrable experience case, fire control mechanism is maintained to the analysis of on fire reason, it is a basis only " fire service law " the copy clerk of administrative law law that the regulation makes, be not the judicatory appraisal opinion that whether is put in product blemish to make to experience case car. Experience case car already acquired certificate of quality of national authority orgnaization, pass program of routine inspection test, for eligible product, nonexistent any quality flaws. Additional, during accuser is using car, had undertaken be maintaininged considerably to car, the car spare parts that its use cannot assure quality, cannot decide whether the quality after repairing is eligible, place of car on fire and maintenance position are consistent, because experience case car is maintained undeserved cause fire existence height without exception like that quality.
But this admits without what obtain Deng Yunfei, deng Yunfei expresses, incident of spontaneous combustion of car of graph of Beijing contemporary name happens generally inside countrywide limits, explain product itself reachs unreasonable risk in blemish, for a short while bilateral refuse to budge does not fall.
A few days ago, drag in case of two years ends eventually, on July 12, book of ruling of forensic make known to lower levels, of the evidence that submits in integrated tripartite and experience case car devalue circumstance, decide Beijing modern corporation did not offer sufficient evidence to confirm its to be avoided to existence of spontaneous combustion of experience case car duty main content, announce cloud of Deng of Beijing contemporary compensation flies to 60 thousand yuan, adjudicate become effective hind is fulfilled inside 10 days end.
In fact, in last few years, amount of car of recall of Beijing contemporary car does not issue 1 million, road of banner inferior card is gotten the better of even because of " engine oil door " total bureau of check be pledginged orders recall 2 times, regard a car as the enterprise for, an any car occurrence problems should cause enough attention, sheet looks with respect to this, meet a problem the first those who think of is not to assume however evasive Beijing is contemporary, still very long study way wants.
