On the surface, the recall of cars and the "three guarantees" are all to solve some of the quality problems that occur in cars and safeguard the legitimate rights and interests of consumers. However, there are differences in the nature, legal basis, object, scope and solution of the problem:
Different in nature
The purpose of the car recall is to eliminate the unsafe factors brought by the defective car safety to the whole society and safeguard the public safety; the purpose of the “Three Guarantees†car is to protect the legitimate rights and interests of the consumers, and during the period of product liability guarantee, when the vehicle is When quality problems occur, the manufacturer is responsible for free solutions for consumers, reducing consumer losses.
Different legal basis
Automobile recall is based on the "Product Quality Law" for defective automotive products that may pose threats to the public and property safety. The relevant state departments formulate the "Regulations on the Recall of Defective Automobile Products" to safeguard public safety, public interest and social and economic order. Automobile “Three Guarantees†is a special liability for breach of contract on the legal relationship for operators. According to the “Product Quality Law,†the State has formulated “Three Guarantees†regulations for products that have quality problems during the “Three Guarantees†period. The seller is responsible for repairs, replacements, returns, and assuming product warranty responsibilities.
Different objects
The recall of vehicles is mainly focused on system-related, identity-related and safety-related deficiencies. This deficiencies must exist on a group of vehicles and are related to safety. The “Three Guarantees†vehicle is the legal responsibility to solve the accidental product quality problems caused by random factors. For the accidental product quality problems caused by various random factors in the production and sales process, generally do not cause extensive personal injury and property damage. During the “Three Guarantees†period, as long as the vehicle has quality problems, regardless of whether the issue is related to safety, as long as it is not caused by improper use of the consumer, the seller shall bear the product guarantee responsibility for repair, replacement, and return.
Different range
The automobile "Three Guarantees" is mainly aimed at domestic vehicles.
Vehicle recalls include home and all kinds of road vehicles that are operated and are treated equally as long as there are defects. According to the needs of economic development and the requirements for the management of the automobile industry, the state implements a recall system for defective products in accordance with the categories of automotive products, starting with the implementation of M1 vehicles (driver seats, including passenger vehicles with no more than 9 seats).
The solution is different
The main method of car recall is: After the car manufacturer finds a defect, it first reports to the competent authority, and the manufacturer takes effective measures to eliminate the defect and implement the recall. The solution to the “three guarantees†of the autos is that the auto operators shall be responsible for repairing, replacing, and returning product guarantee responsibilities for the vehicles in question according to the relevant national regulations. In specific ways, mediation is often conducted by an agency approved by the administrative agency.
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