Consumer Council critics to install ten overlord clauses!

"Consumers have not paid cleaning money

The home improvement company has the right not to bear any responsibility for after -sale after sale "

"Consumers are not settled as scheduled

It is necessary to pay 1 ‰ of the total cost of the contract every day

Pay a liquidated damage to the operator ""

... ...

A few days ago

Consumer Committee of Yichang City, Hubei Province

Invite legal experts to the home decoration industry

Comment on the contract unfair format clause

Let's look at it together

Bleak

< /g>

Typical clause

01

Party A has paid a design deposit of 20,000 yuan, and the two parties agreed that the design fee is 46,000 yuan (the design deposit is converted to the design fee, and most of them are converted to engineering funds, and fewer supplements).

Comments

Article 586, paragraph 2 of the Civil Code, stipulates: "The amount of deposit is agreed by the parties;

Since the design deposit agreed by the two parties, the design fee is only 46,000 yuan, and the deposit of 20,000 yuan has obviously exceeded 20%of the design fee, so it has increased Party A's responsibility.

< /g>

Typical clause

02

Party B does not have the right to do not bear any after -sale after -sale maintenance, and all losses shall be borne by Party A themselves.

Comments

After the project is completed, Party A shall handle the settlement of the project funds in accordance with the contract. After the settlement is completed, it will be delivered with Party B. However, whether Party A pays or not pay attention to the home installation after sale.

If Party A delays payment, it shall bear the corresponding liability for breach of contract in accordance with the contract theorem, but Party B shall not avoid its warranty responsibilities through this terms.

< /g>

Typical clause

03

The confirmation of the quality issues that belong to Party B's liability for two years of warranty period (five years of waterproofing and bathroom warranty for waterproof requirements), and Party B returned for free.

Comments

Due to the reserved conservation and its proportion of the contract, the agreed agreed on the warranty period is not enough for Party B. If there is a quality problem, Party B may have no motivation to maintain timely maintenance. In addition, Party B has limited warranty responsibilities as "quality issues that belong to Party B's responsibility", excluding Party B's warranty responsibilities in the case of unable to find out the cause of responsibility, which leads to Party B's responsibility. Relieve Party B's responsibilities.

< /g>

Typical clause

04

Due to the termination of the agreement due to Party A, and the total number of total engineering is less than half, Party B once again has the right to charge a total management fee of 10%of the project.

Comments

If Party A terminates the agreement unilaterally without any reason, the two parties can clearly agree on the liability for breach of contract, but the contract requires Party A to pay additional fees in the name of management fee, which is in line with Article 497 of the Civil Code and the protection of consumer rights and interests. The Law "" Eschants consumer responsibilities "stipulated in Article 26.

< /g>

Typical clause

05

Before the concealment of the concealment project, Party B notified Party A to the scene for acceptance. The acceptance period is two days. Party A does not accept the acceptance on time. Acceptance within three days, and complete the acceptance and transfer procedures.

Comments

The acceptance of the decoration project is a professional issue, and it involves the coordination of the on -site inspection time. It may not be able to complete the organization within three days. In order to pass the acceptance, it causes subsequent quality problems.

< /g>

Typical clause

06

Party A has not fulfilled the acceptance settlement and did not handle the settlement of the settlement. It is deemed to be qualified and assumed all the responsibilities. At the same time, Party A reserves the right to pay for the after -sales service.

Comments

The "Interpretation of Legal Issues Application of Construction Project Construction Contract Disputes on the Supreme People's Court (1)" stipulates that "the construction project is not completed and accepted, and after the contractor is used The people's court does not support the rights; however, the contractor shall assume civil liability for the quality of the foundation project and main structure within the reasonable service life of the construction project. "

Based on this, the project is not accepted, and Party A uses or uses unprepared projects in advance or unauthorized use of uncomfortable acceptance. As a result, Party A shall bear responsibility. However, if the quality problem in the project is due to the lack of compulsory standards in relevant laws, regulations and engineering construction in the design and construction of Party B, Party B's responsibility shall be exempted.

< /g>

Typical clause

07

None of the liquidated damages for Party A's overdue payment and Party B's overdue damages were not agreed.

Comments

There is no clear liability for breach of contract for default in the contract. However, in the field of decoration and decoration, the contract lacks the performance margin clause. Party A will be subject to Party B after paying. dispute.

The contract does not clearly agree that Party B is overdue how long the time will have the right to terminate the contract, so the rights and obligations of the contract are not clear and the status of both parties is not equal.

< /g>

Typical clause

08

If the acceptance is unqualified, Party B is responsible for the repurchase. Party A has not been approved by Party B to use early check -in or recovered and replaced the key without authorization. Comments

The completion acceptance of engineering quality should strictly follow national and industry standards. The use of Party A without authorization will not affect "whether the completion acceptance is qualified." This clause is deemed to be invalid clauses except Party B's responsibility.

< /g>

Typical clause

09

If Party A fails to pay the project settlement model on time, it will pay Party B a liquidated damage at 1 ‰ of the total cost of the project contract every day.

Comments

Because the project funds agreed in the contract is in installments and Party A pays a certain period of time, the losses generated by Party B shall be based on the current overdue payment, and shall not be based on the total cost of the contract. Suspect.

< /g>

Typical clause

10

If the main material project is reduced due to customer reasons, the relevant preferential activities will be canceled and the customer shall bear 20%of the liquidated damages of the project.

Comments

Article 497, paragraph 27 of the Civil Code stipulates: "If a contract is concluded by the format clause, the party who provides the format clause shall follow the principle of fairness to determine the rights and obligations between the parties, and adopt a reasonable way to prompt the other party to pay attention Exempide or reduce its responsibilities, etc., such as the terms that have a major interest relationship with the other party, explain the clause according to the requirements of the other party. "

This article directly affects whether Party A can enjoy the discount and the liability for breach of contract should be assumed. Party B shall make a significant identification instead of being placed in an attachment, and Party A is easily ignored.

And even if there is a project reduction, Party A can reduce discounts in proportion, and should not directly cancel the discount activities or even require Party B to bear the liability for breach of contract. This provision has the suspicion of restricting consumer rights and aggravating consumer responsibilities.

Produced by Chinese Consumer Newspaper New Media Editorial Department

Source/China Consumer News · China Consumer Network Reporter/Wu Caiping

Edit/Pei Ying

- END -