Martha Lahti Levante map according to Eastern IC notice of recall Car sales contract In January 27th last year, Mr. Guo in Ningxia ordered a Martha Lahti Levante from the Chengdu steed Auto Sales Service Co., Ltd. (Martha Lahti 4S store) and paid a deposit of 120 thousand yuan for this, and agreed to lift the car in June 30th last year. But in May of last year, he received Martha Lahtis recall letter from China, because the engine had hidden dangers. Mr. Guo sent a refund or replacement to a 4S store, but received a notice from the 4S store in September of last year that the vehicle was released and the deposit was not refunded. Some lawyers believe that recall is not a force majeure factor, and the contract should continue to perform. Lawyers also said that the completion of the transfer of vehicles is only a consumer. Before the purchase is completed, the quality problem of the vehicle will occur and consumers can refuse to buy it. Car purchaser The car has not been brought in. The scene paid 20 thousand yuan, returned to Ningxia and passed the public account transfer of 100 thousand yuan, a total of 120 thousand yuan deposit. Mr. Guo said that the 4S shop fax the contract, the two sides signed a sales contract, the total price of 1 million 189 thousand and 300 yuan, agreed last June 30th to lift the car. A small episode happened before the car, because the car was bought by his wife for his wife. If the daughter-in-law says no, Ill discuss with the 4S shop. Can I leave this car? Mr. Guo said. The salesperson told him that this could not be done. If I cant do that, Ill continue to lift the car. Unexpectedly, in May 5th, he received a registered letter from Martha Lahti China, an important warning about the safety of vehicles, the theme of the recall activity - the upgrading of the software for the motor control module of the Martha Lahti Eli Fant vehicle. Mr. Guo said that a few days after he received the letter, he informed the salesman Cai Ge who had been in contact with him by telephone. Mr. Guo said that there was a defect in the engine of the vehicle. Of course, the 4S shop staff should explain clearly what was going on, but the other party had ignored him. Last July 5th, he again communicated with sales staff on WeChat on the engine problem, and the other side still had no response. Last August 29th, he sent a recalling letter to Martha Lahti to the salesperson, and the other party did not respond. During this period, we pass through, we can not replace a car, or refund gold, has not communicated. Mr. Guo said. In September 14th of last year, he received a notice from the salesperson WeChat: according to the agreement, the vehicle you ordered now is released and the deposit is not refunded. I dont know what the release of the vehicle means, he said, he took it out and sold it, and the deposit was not refunded. Guo said, in this case, the car can continue, but the engine trouble must be dealt with. However, the other side still did not respond. In October 11th of last year, Mr. Guo sent a lawyers letter to 4S shop and asked 4S store to refund the deposit. The two sides still failed to reach an agreement. Before he filed a lawsuit, he complained to a consumer website in Sichuan Province in April of this year. Later, the message from the customer service is that it is my own breach of contract, the car has been kept in the store, and there are a lot of safekeeping fees. Mr. Guo said that the attitude of 4S store made him angry. He insisted on returning the deposit. Martha Lahtis customer service A recall vehicle The customer received a recall letter Or earlier than the dealer A WeChat screenshot provided by Mr. Guo showed that in September 14th last year, the salesman named vegetable dish (Cai Ge) told Mr. Guo the vehicle is released, the deposit is not refunded, and Mr. Guo returned to the last engine trouble handling? the salesman replied, brother, I tried my best. Chengdu Commercial Daily reporter called Cai Ge, a salesperson. He said he had left the 4S shop. He admitted that he took over the work of Mr. Guo in April last year, and the main content was to inform Mr. Guo of raising the car. In August 29th last year, he sent me a photo which said that the car was suspected of recall, and did not specifically tell me. Cai Ge said that if Mr. Guo said he had recalled him in May, please provide the call record. When the reporter asked whether Mr. Guo had not asked him about the engine failure, he asked, can I explain? Im not after sale, I cant explain this problem. He didnt lift a car, wheres the recall? How did he receive this recall notice, I cant understand. Mr. Guos recall registered letter said that the recall procedure of the vehicle purchased by Mr. Guo was to be carried out. Because the engine control module (software) mediate the mixture too thick, the combustion is incomplete and the engine speed is too low. The above defect may cause the transmission to enter the air. In extreme cases, it may lead. To cause engine stall, Martha Lahti will free the engine control module software upgrade for your vehicle to eliminate the above defects. If you receive this information, please send your vehicle to any Martha Lahti authorized service center immediately. The repair will be carried out free of charge at once. At the end of the letter, the importance and urgency of implementing the recall is emphasized again. In May 6th, the Chengdu Commercial Daily telephoned the customer service center of Martha Lahti customer service center, numbered 34812, to confirm the authenticity of the call letter to reporters. She said that, at the request of the State Quality Inspection Administration, 221 vehicles produced by Martha Lahti from May 12, 2016 to December 15, 2016 were carried out, and Mr. Guos vehicles were within the scope of the recall. In order to ensure the safety of the owner, Martha Lahti first informed the owner of the car by registered letter and sent the notice to the dealers all over the country in order to ensure the safety of the owner. Therefore, the time for the dealers to receive the recall notice may be later than the owner. Some owners first see the news will call the customer service center, confirm whether their car is in the recall range, and then go to the after-sale maintenance center to upgrade, and some owners see registered letters to contact the maintenance center, if the owner has not been upgraded for a long time, after-sales maintenance center will take the initiative to call the owner. The customer service center said the customer service center has received the request from Mr. Guo to return the deposit, and the dealer is still consulting with the customer. The transaction is before, and the recall is in the back. Its the car owners breach of contract Tang Yao, the market manager of Chengdu steed Auto Sales Service Co., Ltd., said that the car purchase transaction was before the recall, Mr. Guo did not lift the car during the contract of automobile sales, and did not carry out the car in the period of many times agreed, which constitutes a fundamental breach of contract. According to the agreed time between the two parties, the date of the lift is June 30th. Tang Yao showed reporters Cai Ges WeChat chat record. The vehicle arrived at the 4S store in April 20th last year. Cai Ge told Mr. Guo the information. Mr. Guo did not come to lift the car according to the appointed time. Shopkeeper said that on July 5th and 13 last year, (shop owner) two times agreed to raise the car time before August 2nd, Guo still failed to perform. The last time agreed to raise the car payment time was last September 10th, and Mr. Guo continued to default. In order to verify, Tang Yao showed the sales staff and Mr. Guos chat records, in these pages of the text records, the reporter saw the salesman constantly let Mr. Guo come to lift, but did not mention the problem of engine failure. Tang Yao said that Mr. Guo said that in May 5th, he received a recall letter from the 4S shop. Mr. Guo did not pick up the car before June 30th and before August 2nd, and did not mention the reasons for vehicle recall. Mr. Guo mentioned the recall problem in August 29th, but did not reach the exemption from the agreement. The two sides once again reached a consensus to pay for the car in September 10th. This proves that the vehicle recall is not the reason for the complainant to release the exemption. Tang Yao then said, for customers, vehicle safety is the first, the manufacturer issued a recall notice, 4S shop must be informed, because Guo first growth time does not come to lift the car, the company has already upgraded the engine module, does not affect the use of vehicles. The reporter asked Tang Yao to show the record of the notice of the recall and the record of the upgrade of the engine module. He said he would need to have a lawyer present at the presence of both parties. He continued to say that the manufacturers recall of the vehicle was not due to the mandatory recall of vehicle quality defects by law, but the manufacturers responsibility to the user and the self-conscious behavior of the protection wall protection measures. On the basis of the above reasons, the prepayment is a breach of contract in accordance with the second items of the liability for breach of contract of the automobile sales contract, which was announced in September 14th of last year to cancel the contract. As Mr. Guo paid only the deposit, the other tail payment was paid by the company. Mr. Guo has not been carrying the car for a long time. This car is still in our company. It also causes some losses to our company, including bank interest and storage costs. Tang Yao said that if Mr. Guo was willing to pick up a car, the contract could continue to be carried out. If you want to return a deposit or a part of the deposit, both sides can only take legal proceedings. We also hope that the lawyers and the parties can negotiate on the spot. Lawyer A The recall is not a force majeure The contract should be continued B Consumers can Refusing to buy on the basis of quality and safety According to Mr. Guos car sales contract, if Mr. Guo defaults, the 4S store can make the advance payment as a breach of contract, and stipulate that the force majeure causes the contract to be unable to carry out the contract. Does the recall belong to the force majeure? Guangdong de Na (Chengdu) Law Firm lawyer Zhou you think, the contract termination of the situation there are three kinds: the first, the two parties to terminate the agreement; second, agreed to be lifted, the contract agreed to both parties under the circumstances of the unilateral termination of the contract, if there is no recall in the contract can be relieved of the contract, the contract can not be lifted; third, legal solution Except. The recall is not irreversible, nor does it belong to the factor of unilaterally terminating the contract by force majeure, so the three cases of this dispute do not belong, and the contract should continue to be carried out, the lift truck, the tail payment for the end payment, otherwise deemed to be a breach of contract. Xing Lianchao, a lawyer of Sichuan wide force law firm, believes that payment of a deposit to order vehicles, from the ownership of the law, the transaction is not completed, the car does not belong to the consumer, only the completion of the vehicle handover, this car belongs to the consumer. In the process of waiting for the transfer of vehicles, the manufacturer recalls the vehicle because of the quality and safety problem. The manufacturer and the seller are one. The consumer can refuse to buy the product with the quality of the product, and request the 4S store to return the deposit. It is generally believed that the existence of defects in the engine is generally believed to be a major safety hazard in the vehicle, so the consumer can refuse to buy, and the 4S store should return the deposit. Xing Lianchao said. Source: Chengdu business daily editor: Cheng Gang _NN7377 Guangdong de Na (Chengdu) Law Firm lawyer Zhou you think, the contract termination of the situation there are three kinds: the first, the two parties to terminate the agreement; second, agreed to be lifted, the contract agreed to both parties under the circumstances of the unilateral termination of the contract, if there is no recall in the contract can be relieved of the contract, the contract can not be lifted; third, legal solution Except. The recall is not irreversible, nor does it belong to the factor of unilaterally terminating the contract by force majeure, so the three cases of this dispute do not belong, and the contract should continue to be carried out, the lift truck, the tail payment for the end payment, otherwise deemed to be a breach of contract. Xing Lianchao, a lawyer of Sichuan wide force law firm, believes that payment of a deposit to order vehicles, from the ownership of the law, the transaction is not completed, the car does not belong to the consumer, only the completion of the vehicle handover, this car belongs to the consumer. In the process of waiting for the transfer of vehicles, the manufacturer recalls the vehicle because of the quality and safety problem. The manufacturer and the seller are one. The consumer can refuse to buy the product with the quality of the product, and request the 4S store to return the deposit. It is generally believed that the existence of defects in the engine is generally believed to be a major safety hazard in the vehicle, so the consumer can refuse to buy, and the 4S store should return the deposit. Xing Lianchao said.