Yan (a pseudonym) has been involved with BMW since the beginning of 20 16 due to trunk failure and subsequent convertible column fracture.
On August 10 of the same year, Guo Zi withdrew its lawsuit against China Shanghai Greenland Bosch Automobile Sales & Service Co., Ltd. (hereinafter referred to as "Greenland Bosch"). 1 1 In August, he shipped his BMW 640iLW7 1V convertible to Germany, and did not intend to cooperate with BMW (China) Automobile Trading Co., Ltd.
At present, the protection of international rights in Guo Zi is not optimistic. BMW China gave the detection conclusion of vehicle damage caused by external force on March 7, 2065438, and German BMW also rejected Yan's claim on March 6, 2065438.
20 17 At the end of March, Guo Zi will go to Germany again to handle this dispute. He said, we must strive for this tone. "At this moment, this is not a question of money, but a question of dignity as a China consumer or even a BMW owner."
On June 8, 20 15, Yan bought a BMW 640ILW7 130.00 convertible from Jiangsu Taicang Baocheng Automobile Sales & Service Co., Ltd., an authorized dealer of BMW in China.
2065438+ 161October 26th, Guo Zi found that the car trunk door could not be closed, so he applied for warranty when he came to Lvdibao.
"Greenland boss made a simple repair on the grounds that there were no accessories to close the trunk door, and promised to order accessories immediately and inform me to go to the store for repair." Yan told Southern Weekend reporter.
This process later became the key point of going to court, and the two sides have their own words so far.
According to the evidence list provided by Greenland boss to the court, its statement of12065438+2006 65438+ on October 26th is: "We have tested the vehicle and confirmed that the trunk lock and accessories are damaged. Guo Zi signed and confirmed the test results, knowing that it was not repaired and had to wait until the damaged parts arrived. "
In Yan's view, Greenland boss only admitted that he was lying when it didn't involve maintenance matters, and deliberately avoided the fact that the subsequent failures were caused by improper maintenance, thus leaving the damaged parts of the vehicle in the non-warranty scope.
The after-sales manager of Greenland Baoshi explained afterwards: "When the car drove into the store, it was impossible to close the trunk because the lock was broken. From this point of view, we can't say that we have repaired the lock. " How did the lock break in the first place? The after-sales manager said: "Judging from our experience only, this is caused by external forces, but there is no evidence." On the same day, Greenland Bao Shi informed Guo Zisuo that it could not be maintained normally, so he had to replace it with a new one, and applied to BMW China for a claim for box lock. Considering that the car is still needed during the ordering period, the boss of Greenland has reset and adjusted its lock hole so that the back cover box can be closed.
According to Yan's description: "When the trunk door is opened, the opening of the convertible locks the two piles of the trunk soft top back cover and the trunk cover, resulting in the fracture of the two connecting piles." This process was seen in the surveillance video of the car wash shop provided by Yan, and then submitted to the court as evidence.
According to the BMW owner's manual, when the trunk of the car is opened and the convertible top is automatically locked, the inspection control information should be displayed.
But Yan's roof is still open. This abnormal "action" was later detected by the technical experts sent by BMW China as the damage of the trunk lock hole caused by external force, which caused the sensor on it to send a wrong signal to close the trunk when it was opened. The specific explanation of this fault can also be found in the reply on the test results of BMW 640L (VIN: DX59964) issued by BMW China on March 17, 2065.
Shortly after the BMW China test results were released, Greenland boss also declared to Yan Fa on March 3 1: "The root cause of vehicle damage is that the trunk lock is deformed due to external force, which is not covered by the quality warranty."
"The deformation of the trunk lock simply comes down to my improper use of external force." This result is hard for Guo Zi to accept. In fact, BMW China did not explain whether this external force was caused by Guo Zi himself or improper maintenance by Greenland boss.
An industry insider said: "This is a circular letter from BMW China Technical Department. External force means man-made destruction. But usually, no matter what external force causes it, they just confirm whether the product quality is defective. This conclusion of the technical department has never been wrong and can be trusted. "
Wu Jingming, a professor at China University of Political Science and Law and an expert on consumer rights protection, said: "If a product quality dispute is resolved through legal channels, a third-party agency needs to identify the vehicle. And there is no authoritative third party in China, which will be more or less entangled with automobile manufacturers. "
Regarding the two car damages, Yan also believes that no matter who caused them, after the first simple maintenance, the boss of Greenland should remind the car of the possible joint damage caused by continuing to work in an abnormal state. "In fact, they don't even know that there is a sensor on the keyhole."
In response to this question, the above-mentioned after-sales manager who did not want to be named said that he could not answer for the time being and needed to ask the technical manager in the store about the situation at that time. "As far as I know, the technical manager warned him not to open the lid after it was closed, but I have no recording evidence."
Greenland boss 65438+1October 26th, the maintenance list and new product list did not contain the technician's maintenance report and the reason for the replacement of parts.
The above-mentioned insiders revealed that "maintenance technicians will be fined if they don't write maintenance records, which is the assessment requirement of BMW China for 4S stores; The reason for the replacement is for the service consultants, and it is written out so that those who are not so professional about cars can explain to customers more clearly why they want to replace these accessories. "
Greenland boss said that they didn't expect Guo Zi to open the trunk and convertible in the car wash shop. "It is unreasonable if Mr. Xie completely thinks that it is the responsibility of the automobile design and repair shop."
In fact, this inexplicable reason was finally solved by the customer service department. "The job of customer service department is to calm customers' emotions and discuss solutions. However, there are no certain rules and regulations. The degree of customer care depends on many things, such as customers' consumption records in 4S stores, customers' determination to defend their rights, and customers' occupations. " The industry insider said.
The above-mentioned after-sales manager who did not want to be named also said: "It does not mean that we will not settle claims because of external factors. On the one hand, Mr. Xie is a valued customer, and we can use the care authority. On the other hand, the amount involved in this keyhole damage is not large, less than 30,000 pieces. "
After two accidents, Guo Zi wanted to replace the entire convertible for safety reasons, so as to avoid potential damage. "In the face of this requirement, Greenland boss insisted on only repairing the broken cover of the convertible. So I propose to either give me data to prove that the rest of the convertible is not deformed or damaged, or extend the warranty period of the convertible. "
The above-mentioned after-sales manager, who did not want to be named, said: "For the broken convertible back cover, we provided him with a scheme to apply for warranty. However, expanding the scope of maintenance and extending the warranty period, the amount is as high as 654.38+0.7 million, of course we can't do it. "
According to the boss of Greenland, when Guo Zi brought a lawyer, he entered the judicial process. He can no longer treat it with care, but objectively reason and judge whether he is responsible.
This explains why Guo Zi thinks that the attitude of bouldering in green space will change and go back on our word in the future.
It can be said that since BMW China arranged technical experts to inspect the car damage on February 23, 2006, Yan's dissatisfaction and distrust of Greenland Bosch and BMW China have gradually deepened, while Greenland Bosch thinks that Yan has been putting forward new requirements, which exceeds the amount that customers care about.
The lawsuit between Yan and Greenland boss is a maintenance contract dispute, which opened on August 1, 2065438. Its claims include replacing the rear cover of the convertible for free, paying the replacement fee of the vehicle and extending the warranty period of the vehicle for two years.
As a matter of fact, Guo Zi wants to investigate the responsibility of BMW China's non-warranty. "The Yangpu District People's Court verbally rejected our request to add BMW China as the second defendant in this case."
Regarding the reasons for the rejection, Lawyer Yan told the judge that the warranty dispute should be separated from the maintenance contract dispute. If the claim is warranty responsibility, a lawsuit should be filed with the seller, Taicang Baocheng Automobile Sales & Service Co., Ltd.
Article 4 of the Provisions on Responsibility for Repair, Replacement and Return of Household Automobile Products promulgated by OrderNo. 12 in 2004. 150 AQSIQ 20 12 The three-guarantee liability referred to in Japanese regulations on February 29 shall be borne by the seller according to law. After the seller assumes the responsibility of three guarantees in accordance with the regulations, if it is the responsibility of the producer or other operators, the seller has the right to recover from the producer or other operators.
The lawyer of Shanghai Yingdong Law Firm is in charge of Yan's domestic lawsuit. He said, "This is a blind spot in the law. My client suffered a maintenance infringement, and then there was a warranty dispute, which the law could not take into account. "
Wu Jingming said that he could not understand this. "BMW and its designated dealers must be joint and several, and there is no problem in suing together."
On August 6th, 1965, Guo Zi decided to drop the lawsuit. "Even if I win, Greenland can repair it for me for free at most. Because this is a warranty that BMW does not recognize and belongs to private maintenance, I may lose all the warranty rights of my convertible in the future. "
In order to win the lawsuit and get the warranty claim, Guo Zi discussed various strategies with his lawyer and finally decided to ship the car to Germany. "I have studied many cases and found that it is extremely rare to take BMW China or BMW Germany as the defendant, and most of them refused on the grounds of jurisdiction."
According to Yan, the car departed from Shanghai Port at the end of September and was transported to Hamburg Port in Germany on 20 1 1.8. The process went very smoothly, and the car is now kept and handled by its German lawyer. He himself arrived in Hamburg, Germany by plane at the end of 10. He shared a detail: "At that time, the transport ship was delayed for six days, and I was nervous for six days. My visa is about to expire and I can't catch the plane back. However, the German Customs is very cooperative and allowed to leave the country within the last day. " Due to the trial strategy in Germany, other transportation details cannot be provided for the time being.
Guo Zi's rights protection in Germany is not smooth. The Legal Department of BMW AG in Germany replied and rejected the letter of lawyer Yan Dede 2017161221. The reasons are as follows: First, there is no internal connection between the headquarters of German BMW AG and local dealers/distributors in Shanghai. Therefore, the contractual relationship only exists between Yan and local BMW dealers/dealers, and has nothing to do with German BMW. Secondly, BMW does not provide "global warranty/global maintenance" after-sales service. In addition, from the document, Yan's situation does not belong to the warranty scope, and the cause of the failure comes from external factors. Finally, this kind of fault can be completely repaired by the after-sales department of any China manufacturer. According to Item 2 of Article 254 of the German Civil Code, it is forbidden to transport cars to Germany in containers in this case.
In this regard, Yan said that he will still sue. "It is illegal to go to Germany, but it does not mean that as a manufacturer, you can escape the relevant warranty responsibilities."
The after-sales director of BMW China said that it had been handed over to the responsible colleagues of relevant departments. Up to now, the public relations department of BMW China replied, "We support this customer to protect his rights and interests with legal weapons, but before the lawsuit results come out, we are not convenient to talk, we will only pay close attention and will not take the initiative."