XX Automobile Sales Co., ltd.:

    Your company the 4S shop in automobile sales and repair services, customers often and vehicle delivery and to test drive activity, before and after the delivery of the vehicle and test drive the activities of the process is bound to the existence of risk transfer and civil responsibility, the following according to each stage car sales process and repair service process were analyzed and suggestions on law, to regulate the operation process, to avoid legal risk.

   A,Bear the risk of loss, damage to vehicles and accidents in car sales process

   In accordance with the law of contract delivery risk transfer principle, in the contract of sale, delivery of the subject matter decided the ownership of the subject matter and the transfer of risk, namely in the delivery of the subject matter, the subject matter to damage, the risk of loss shall be borne by the seller; in the delivery of the object, the subject matter is damaged, destroyed the risk of the buyer.

   (a) after the signing of a contract for the sale of vehiclesVehicle sales: after signing the contract, both sides reached sales of vehicles that intention, at this time, the vehicle is not delivered, ownership and risk does not pass to the buyer, the seller all ownership, risk is borne by the seller;

  (two) the vehicle before delivery, the customer to test drive activity processThis process is the customer: for your vehicle test drive, to test the vehicle performance, satisfied with the choice of vehicles.With your sales department manager to communicate that children, in the process of customers to test drive the vehicle is your company has been in the Che Kwun license registration of vehicles, car owners for you.Therefore, the vehicle process because the customer due to the fault of the damage to the vehicle driving in the customer, according to the general principles of the civil law of the fault liability principle, the company customers liable for compensation liability for losses. But if the customer's fault occurrence of traffic accidents caused by the customer's own or another person casualties or property damage, according to the regulations of road traffic accident treatment measures, all of this responsibility by driving customers and your company jointly and severally liable for damages, which hurt third party can require a fault of the customer, also can ask your company for compensation. Of course, if your company compensation after, can recover to the customer.

So, before a test drive in the customer, your company should and customer sign test drive agreement, as evidence that customers test drive behavior, and clear and customer agreed in the trial by the occurrence process of driving vehicles damaged or traffic accidents, all the responsibilities borne by the customer;

   On the other hand, if possible, to provide test drive the vehicle is the best you no registration of vehicles, the company ownership but not the owner, so that customers in the test drive process due to traffic accidents caused by the fault of the third party damage, the client shall assume full responsibility, your company can avoid the responsibility.

  (three) after the delivery of the vehicleFollowing delivery to the buyer: vehicles, vehicle ownership and the vehicle damage, the risk of loss of all transferred to the buyer, the risk of the company does not exist any vehicle (warranty except),But your company shall be signed by the customer and vehicle delivery confirmation can prove that the vehicle is handed to a written document customer.

   Risk two, in your company to provide repair service vehicle loss, damage and accident bear

  (a) the fault vehicle provided to your company repair service department in customerFirst, you should sign the agreement and detection or detection of entrustment, clearly the rights and obligations of both parties, after the company repair personnel to detect fault vehicle, gives test results, if customers don't ask your company to repair, your company and customers can balance testing costs;

  (two) in the fault vehicle detection repair when completed customer requirements,Your company shall be signed by the customer and the powers and responsibilities clear repair agreement or repair orders, and for vehicle fault diagnosis and the need to add new parts and repair costs for fault vehicle must allow customers to be confirmed in writing, then start the repair, prevent late emergence of disputes;

  (three) in the vehicle repair to the customer after theYour company repair department, drivers often need to test drive test to repair vehicles, in this process, if because of your company driver operation causes damage to the vehicle, because your company the driver's driving behavior is a kind of to fulfill the duties of the job behavior, so the damage compensate responsibility is borne by your company. However, your company can have recourse to drive the vehicle fault liability requires that employees, fault employees to take your company has to the client.Here, we would advise you to drivers in the test drive the vehicle to its driving behavior and demand the signature confirmation of registration;

  (four) the company personnel to test drive test for the customer the vehicle's internal processes. Need to process and clear rights drive test, that is your company what level personnel can test drive test, as well as the number of drive test, test drive test registration system, in the company registration process, need to explicitly specify the specific test personnel, test drive route, test time and other factors, the need to use the internal rules and regulations the form should be clear and implement;

  (five) in good repair vehicle will be delivered to customers,Allow customers to sign out single, repair vehicles that have been delivered to customersAfter the risk associated with a vehicle, all transferred to the client. The company is currently used in the settlement in the form of a single, clearing only to repair cost to repair the vehicle from the settlement, this document does not prove that the repair of vehicles has been handed over to the customer. Therefore, suggest that you use the car in the form of a single operation.

   The above is for your company 4S shop in the risk analysis of each stage of vehicle sales and repair of vehicle vehicle transfer, and suggest that you take the legal risk prevention measures, for your company to reference.

                                               Zhejiang Hangzhou law firm Chen Shuai

                                                    August 15, 2008