When you collect a new car, inspect it on the spot, and keep the invoice and the three-guarantee voucher. If a major fault shows up in the first 7 days or the first 60 days, you can demand a replacement or a refund

In the first 7 days of a new car, if a major part such as the engine or the transmission fails and has to be replaced, you can directly demand a replacement car or a refund. Within the first 60 days or 3,000 kilometres, if the brakes or the steering fail, the body cracks, oil leaks, or the battery catches fire, you can also replace or return it. Within the first two years, if the same fault is repaired many times and still is not fixed, you can also replace or return it, but you pay a use-compensation fee based on the distance driven.

Cost

No money. At collection, spend half an hour with the salesperson looking at the exterior and the interior and checking the papers that come with the car. Keep the invoice and the three-guarantee voucher. Every time the car goes in for repair, take the repair order. If you actually want a replacement or a refund, you will make several trips to the shop. If you cannot agree, you still have to complain or sue.

Benefit

This set of rules is the three-guarantee for household cars. It covers passenger cars bought for living consumption, such as sedans and SUVs, and pickup trucks. Cars used in commercial operation are not covered. The three-guarantee period is not less than 2 years or 50,000 kilometres, and the repair-warranty period is not less than 3 years or 60,000 kilometres, whichever comes first. The period runs from the invoice date. If the delivery date and the invoice date differ, it runs from the delivery date. A quality problem inside the repair-warranty period is repaired free. Neither the labour fee nor the materials fee is charged. Within the first 7 days, if a quality problem means the engine, transmission, traction battery, drive motor, or a main part of one of those has to be replaced, you can choose a replacement or a refund on the invoice and the three-guarantee voucher. Within the first 60 days or 3,000 kilometres, if a quality problem produces steering failure, brake failure, a cracked body, a fuel leak, or a traction-battery fire, you can likewise choose a replacement or a refund. Inside the three-guarantee period, four further situations also allow a replacement or a refund: a serious safety fault is repaired 2 times and still is not fixed, or a new serious safety fault appears; one of those four major assemblies is replaced 2 times because of a quality problem and still cannot be used normally; the same main part is replaced 2 times and still cannot be used normally; repairs add up to more than 30 days, or the same quality problem is repaired more than 4 times. A replacement or refund under these four situations requires a use-compensation fee. The formula is price × distance driven ÷ 1000 × n. n is written by the manufacturer on the three-guarantee voucher and must not be higher than 0.5%. If a single repair takes more than 5 days, from day 6 the shop must give you a spare car or pay your transport costs. When the car is replaced or returned, the shop must also pay your vehicle registration fee, the cost of added fittings after depreciation, and the service fees it charged you. After the shop receives a replacement or refund demand, it must answer within 10 working days. If it does not agree, it must give reasons. The shop must not refuse the three-guarantee because you did not have the car serviced there. Deliberately delaying, or refusing the three-guarantee without a proper reason, is punished under Article 56 of the Consumer Rights Protection Law (nationwide, in force from 1 January 2022).

Notes

How many days and how many times the car was repaired are proved entirely by the repair orders, so every order should state the fault and the time in and the time out. Work out the use-compensation fee yourself from the formula: a car of 200,000 yuan driven 10,000 kilometres, with n at the 0.5% ceiling, comes to about 10,000 yuan. If the shop will not accept it, complain first on 12315. What the market-regulation department does is mediation. If mediation fails, the only path is to sue. Ordinary first-instance procedure starts at 6 months. Lawyer fees are yours. Winning does not shift them onto the other side. If the car is sold to someone else inside the repair-warranty period, the three-guarantee voucher goes with the car and the three-guarantee duty does not change. When you buy a used car you can ask the seller for it. If a dealer hides the condition of a used car, see item 48 of this section (a used car sold with an accident or flood damage hidden). The beneficiary is you and your family.

Sources · 1

1. 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）. gov.cn/zhengce/zhengceku/2021-07/27/content_5…