"Overdue Installation" becomes a furniture customized normal Sichuan Provincial Consumer Commission: Merchants must bear the liability for breach of contract

"Overdue installation" is a common consumer dispute in the furniture custom industry. After the consumer delivered the order to place an order, although the contract agreed on the installation time and liability for breach of contract, there are still merchants who cannot complete the installation within the agreed time on the grounds of "epidemic situation, factory stop work, and misalignment". Consumers in new houses have brought great inconvenience.

"The board and parts are delivered to the house, but they are not installed ..." This is also a problem that many consumers often encounter when choosing furniture. In response to such issues, Chen Zixing, a consultant of the Sichuan Provincial Consumer Commission, reminded consumers today that the furniture customized contract should include the main body information of both parties, product information (board type, board color, board model, size, etc.) Payment methods, the rights and obligations of both parties, the time limit for installation (performance period) and place, acceptance standards and methods, after -sales service, liability for breach of contract, and method of resolving disputes. Among them, pay attention to distinguish between "delivery time" and "installation time". The delivery only means that the product is delivered to the door, and the actual installation time cannot be determined. Therefore, it is best to agree on a clear installation time.

Lawyer Chen Zixing reminded that if consumers and merchants agreed to install the installation time by signing a customized contract or other written agreements, the merchant's overdue installation will constitute a breach of contract. According to the relevant provisions of the Civil Code, merchants shall bear the liability for overdue default, including continuing to perform; compensation for losses caused by overdue; if consumers are severely overdue For liquidated damages, merchants should pay the liquidated damages to consumers. If the products delivered do not meet the quality requirements, the merchant shall also bear the liability for breach of contracts such as repair, re -work, reducing compensation, and compensation loss.

The local standards for the Sichuan Provincial Market Supervision Bureau's "Realty and comfortable consumer service specifications: part 5: The furniture industry" has been officially implemented since July this year, which stipulates the principles, basic requirements, sales services, sales services, sales services, sales services, and comfortable consumer services. After -sales service, consumer rights protection and other content. In the product introduction session, the local standards are clear, and the operator should explain the design and production cycle of custom furniture and the time for installation. In the contract signing link, the local standards are clear. For pre -sale products, the two parties shall specify the product delivery in the contract for product delivery Time, deposit and end payment, warranty period and liability for breach of contract.

Consumers often lack the "right to speak" in furniture custom consumption. Most merchants will require the full order, but there are uncertainty in the production and installation links of the product. Because the money has been paid, consumers will become passive when they encounter disputes. Therefore, the Sichuan Provincial Consumer Commission suggested that furniture custom merchants can implement the "installment payment" model according to the actual situation, which is not only a "confidence" of its own products and services, but also a guarantee for consumer rights. In order to avoid passive rights protection, consumers must also clearly agree with the merchant to clearly agreed to the liability for breach of contract, such as overdue and size errors.

Reporter Kang Sha

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