It costs more than 90,000 yuan before luxury cars!Is the huge test cost reasonable?

Author:Xiamen Daily Time:2022.08.10

Men's driving in a traffic accident occurred at a high speed. After sending it to the 4S shop for testing, I wanted to change the place to repair it. I don't want to pay a test fee of more than 90,000 yuan for 4S shops. What is going on? Recently, Mr. Yang, a citizen, called this newspaper 968820 hotline and said he had encountered such an annoyance. Why does the 4S shop ask for this test fee? Should Mr. Yang pay? The reporter launched an investigation.

event

The owner signed a notice without reading the rules

The 4S shop requires it to pay the test fee

"Just looking at the condition of the car, he asked to charge more than 90,000 yuan in testing fees, which is unreasonable!" Yesterday morning, the reporter met Mr. Yang at Xiang'an Porsche 4s store. He told reporters that he spent 1.06 million yuan to buy one The second -hand Porsche sports car occurred on a traffic accident on the highway in May this year. He sent the vehicle to the 4S shop as soon as possible. After evaluation, the maintenance fee is more than 900,000 yuan, which is a full loss level.

"Later, I wanted to go to other places for repair, but the 4S shop said that if you want to take a car, you need to pay a test fee of more than 90,000 yuan." Mr. Yang said that on the day of entering the store, the staff asked him If you have no time to see the rules, you will sign it. As a result, it was found that in the details, "the customer requests the Porsche Center to conduct an accident inspection of the vehicle, or the dismantling quotation of the accident vehicle

The amount should be 10%of the total valuation of the corresponding maintenance. "Mr. Yang believes that it is just a vehicle test and a quotation. The 4S store should not charge this fee.

The reporter learned from Mr. Wen, a relevant staff of the maintenance matters on the day. He told reporters that if the owner did not sign a notification, the store could not detect the vehicle. On the same day, the staff had a decision -loss assessment of the vehicle, and the quotation was reported to the insurance company to confirm it in accordance with the standard. "In response to Mr. Yang's questioning expenses, after we communicated with the superiors, we decided to charge Mr. Yang's 50,000 yuan test fee." Mr. Wen said.

At present, the two parties are under further negotiation.

statement

If consumers do not know the charging standard

Can refuse to pay for related fees

In response to the issue of the dispute, the reporter contacted Xu Dong, a lawyer of Beijing Yingke (Xiamen) Law Firm, to consult.

He told reporters that in this maintenance, the controversy is mainly in the notification of the man signed by the man and the 4S shop. If this clause belongs to the pre -formal formation, it significantly aggravates the consumer obligation to reduce the duty of the formula and not prompt consumption in a significant way to remind consumption. The attention of those who pay attention to belong to the invalid format terms stipulated in Article 496 and Article 497 of the Civil Code.

According to the relevant provisions of Article 26 of the Consumer Rights Protection Law of the People's Republic of China: "If an operator uses the format clauses in business activities, consumers shall be requested to pay attention to the quantity, quality, price, or expenses of the consumer in a significant way , Civil liability, etc., have a major interest relationship with consumers, and explain according to the requirements of consumers. The operator shall not make or restrict consumer rights, reduce or exempt the operator by the format terms, notifications, store notices, etc. Responsibility, aggravating consumer responsibilities, and other unreasonable rules for consumers.

For the controversial terms of this case, the 4S shop has the obligation to clearly inform the consumer's content and inform the consumer's related services and the charging details before signing the service contract and collecting the demolition inspection fee. The vehicle was demolished. If you do not inform consumers related charging standards, consumers have no knowledge of this, and consumers have the right to determine that the content of the clause is invalid and refuse to pay the relevant expenses.

(Text/Xiamen Daily reporter Xue Yao intern Liu Xiaoyuan)

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