Inspect a new vehicle thoroughly upon delivery, preserve the purchase invoice and warranty certificate; major defects within the first 7 and 60 days entitle you to a replacement or refund
Original: eternity4719 · source details
Original author: eternity4719 · Chinese source: · English adaptation: parveen0029. Translation and grade notes ↗
Bibliographic titles are retained in their original language.
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Cost and benefit at a glance
- Check the cost Cost ↓
- Zero financial outlay. Spend 30 minutes at delivery reviewing exterior panels, interior electronics, and accompanying vehicle documentation with sales staff. Sa…
- Then the source benefit Benefit ↓
- Under the Provisions on the Liability for Repair, Replacement, and Return of Household Automotive Products (SAMR Order No. 43), passenger vehicles purchased for consumer use are pr…
In plain terms
If major powertrain components (engine, transmission, EV drive motor, power battery) fail and require replacement within the first 7 days of new vehicle delivery, statutory automobile lemon laws entitle you to demand a direct vehicle replacement or full refund. If steering or braking failures, structural body cracking, fuel leaks, or battery fire occur within the first 60 days or 3,000 kilometers, you are likewise entitled to a replacement or refund. Repetitive unresolved failures within the first 2 years also qualify for refund or replacement, subject to a statutory mileage depreciation deduction.
This guide's cartoon · show illustration
Enlarge illustrationOriginal illustration with Chinese lettering; the English dialogue is below. Humour is a reading aid, not evidence.
English dialogue
- Hang on. I never agreed to renew!
Cost: what it takes
Zero financial outlay. Spend 30 minutes at delivery reviewing exterior panels, interior electronics, and accompanying vehicle documentation with sales staff. Safely archive purchase invoices and manufacturer warranty certificates. Retain detailed job order sheets for every subsequent service visit. Requesting a vehicle replacement or refund involves dealership visits and potential consumer mediation or litigation.
Benefit: what the source reports
Under the Provisions on the Liability for Repair, Replacement, and Return of Household Automotive Products (SAMR Order No. 43), passenger vehicles purchased for consumer use are protected by mandatory statutory lemon laws. The statutory warranty period is not less than 2 years or 50,000 km, with a overall repair coverage period of not less than 3 years or 60,000 km (whichever occurs first), starting from invoice issuance (or physical delivery date if later). During warranty coverage: 1) Within 7 days of delivery, if manufacturing defects require replacement of the engine, transmission, traction battery, drive motor, or their primary components, consumers may choose between vehicle replacement or full return. 2) Within 60 days or 3,000 km of delivery, if defects result in steering failure, braking system failure, structural chassis cracking, fuel leakage, or traction battery fire, consumers may choose replacement or refund. 3) During the 2-year warranty period, consumers may demand replacement or refund under four specific conditions: severe safety defects failing after two attempted repairs (or emergence of a second severe safety failure); engine/transmission/battery/drive motor requiring replacement twice without restoring normal function; a single primary component replaced twice without resolution; or cumulative repair downtime exceeding 30 days or the same defect repaired over four times. For category 3 returns, consumers pay a statutory usage compensation fee: (Vehicle Price × Mileage Driven ÷ 1,000) × n, where n is specified by the manufacturer up to a statutory ceiling of 0.5%. Dealerships must provide courtesy loaner vehicles or transport stipends for repairs exceeding 5 consecutive days. In vehicle returns, dealerships must reimburse vehicle registration fees, depreciated accessory costs, and administrative fees. Dealerships must respond to formal return/replacement requests within 10 business days.
Conditions, limits and disagreements
Repair days and repair frequencies must be substantiated through official service order receipts; ensure each service ticket accurately logs the reported malfunction, intake timestamp, and release timestamp. Usage compensation formula example: on a 200,000 RMB vehicle driven 10,000 km with n set at 0.5%, compensation equals ~10,000 RMB. If a dealer resists statutory compliance, lodge a formal dispute via the 12315 consumer hotline for market regulation mediation. If mediation fails, civil litigation follows ordinary procedures taking 6+ months, with legal fees funded out-of-pocket. When a car is resold during the warranty period, statutory lemon law rights transfer with the vehicle to the new owner; buyers should always request original warranty certificates. For rights when buying used vehicles with undisclosed accident histories, see Chapter 5, Rule 48. Benefit magnitude is categorized as High based on capital protection against catastrophic vehicle defects. Primary beneficiaries are yourself and your family.
Original references
Original bibliographic titles and links are preserved; some titles are in Chinese.
国家市场监督管理总局 (2021). 家用汽车产品修理更换退货责任规定(总局令第 43 号,第十三、十八至二十四、二十六至二十八、三十、三十二、三十八、四十条,2022 年 1 月 1 日起施行). https://www.gov.cn/zhengce/zhengceku/2021-07/27/content_5627788.htm
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