Ji'nan industry and commerce department reminds you: there are seven kinds of overlord clauses in the decoration contract.
10 11 months, the industrial and commercial departments of Ji'nan published the seven categories of the contract terms for the legal rights and interests of consumers in the decoration industry, and put forward the corresponding amendments. The commerce and Industry Department said it would severely punish consumers who use the "overlord clause" to cheat consumers.
reporter learned that the Ji'nan industry and Commerce Bureau recently conducted a survey of the operators engaged in the decoration and decoration industry in the city, collecting 296 contracts and finding 113 items of the contract terms. It has issued an administrative proposal, ordered 59 copies of the notice, and investigated 13 cases.
the seven categories of "tyrant clause":
[clause content] in the process of decorating the goods or services provided by the operator. In the process of decoration, the decoration enterprise will often show in the already printed decoration contract that "the decoration project is qualified from acceptance," The guarantee period is one year from the date of signing of the two parties. If the quality problem occurs after completion of the project, Party B shall be responsible for the warranty, and Party B shall guarantee it free of charge for a period of one year. Other decoration companies stipulate that all materials purchased from our company are not responsible for warranty and environmental protection quality assurance.
[comment] according to the introduction, Ji'nan Municipal Housing Construction Commission "house decoration and decoration management measures" thirty-second, "Shandong building decoration and decoration management measures" seventeenth and "Shandong province consumer protection regulations" thirty-seventh provisions, residential indoor decoration project minimum warranty period of two years; Waterproof requirements kitchen, toilet and external wall leakage prevention for five years.
at the same time, according to the ninth article of the law on the protection of consumer rights and interests, the consumer has the right to choose the decoration material, and the decoration enterprise does not have the right to exclude the consumer. Such compulsory tying of decoration enterprises violates the provisions of this law. Therefore, no matter where consumers buy Decorative materials, decoration enterprises should bear the responsibility of warranty.
two, setting the damages that the consumer should bear, or the damage compensation is more than the legal amount or the reasonable amount
in the decoration enterprise, the decoration enterprise stipulates in the decoration contract that after the signing of the bill, the company charges 20% of the project money as a breach of contract, if the refund is made for the Party A (consumer).
[comment] the industry and Commerce Department introduced that from the present profit state of the decoration industry, 20% of the liquidated damages may exceed the contract profits of the decoration enterprise. This clause is unfair to consumers.
[amendment proposal] the industrial and commercial department suggests that, after the contract is signed, Party A shall bear the liability for breach of contract except that the parties have agreed to terminate the contract by Party A (consumer), and shall pay the breach of contract to Party B (decoration enterprise) for the loss or the possible foreseeing loss of X% (no more than the actual damage). 30% lost).
three, set the consumer to bear the responsibility of operating risk
some decorating enterprises in the decoration contract stipulate in the decoration contract that all the consequences arising from the modification of the construction content with the constructors are all conceited by the investor and cause the loss to the decoration enterprise. In addition, consumers should also pay compensation; the effect of water stop, blackout and stop gas caused by the reasons for the renovation of the enterprises will lead to the delay of the shutdown for more than 8 hours, and the cost of the loss and loss will be borne by the consumer.
[comment] the industrial and commercial departments believe that the constructor agreed that the constructor agreed to the change scheme, and the consequent results should be responsible for the construction party. In accordance with the provisions of the contract law, consumers should not or not fully respond to the cost of misunderstanding and loss in accordance with the provisions of the contract law.
[amendment suggestion] the industrial and commercial departments suggest that in the course of construction, Party A (consumer), if necessary to change the construction content, must consult with Party B (construction enterprise), and jointly sign a written change agreement and a change form of the project by the parties to the contract, but should not cause the unreasonable cost of Party B, at the same time, the cost of the related engineering should be adjusted and the cost of the related works should be adjusted. Time limit. If there is a water cut, power failure and stop gas for more than 8 hours due to consumer reasons, the duration of the project will be postponed accordingly, and the loss will be borne by the consumers. Due to the force majeure factors caused by water stop, power outage, stop gas for more than 8 hours, the construction period is postponed, should be regarded as the situation by the decoration enterprises all or part of the responsibility.
four, set consumers to bear the responsibility of other laws and regulations which should not be borne by consumers
some decoration enterprises in the decoration contract stipulate in the decoration contract that the construction party in the waterproof project warranty is responsible for the maintenance only, and is not responsible for the compensation for the loss caused by the leakage of water and water.
[comment], according to the introduction, "construction decoration and decoration management method of Shandong province" stipulates that the quality problems of the building decoration and decoration project occur within the scope of warranty and the period of warranty period, the constructor should fulfill the warranty obligation, and bear the liability for the loss caused.
the constructor is responsible for the maintenance during the warranty period, and is liable for the loss caused by water leakage and seepage caused by the quality of the project.
five, the right to eliminate or dissolve the contract by consumers according to law,
some decoration enterprises in the decoration contract stipulate that the Party A (consumer) may delete the project before the project construction, but may not exceed 20%, the project shall not be deleted after the project starts; the project subtraction shall not exceed 3 of the total contract cost. 0%, more than some decoration companies should pay 10% of the reduction amount to consumers as loss adjustment fees.
[comment] according to the contract law, the contract can be changed by consensus. Ji'nan Residential Construction Committee "residential interior decoration and decoration management regulations" also stipulates that residential decoration and decoration contracts should include conditions for changes in the contract.
decoration company, in the form of formatted contract, uses the fixed text not to give the consumer the opportunity to restrict and exclude the consumer's right to change the contract and to infringe the legitimate rights and interests of the consumer.
six, the right to exclude consumer interpretations of the terms
the decoration company often stipulates in the format contract that the decoration enterprise has the final interpretation right.
the reporter has learned that the twenty-fourth articles of the law on the protection of the rights and interests of the consumer: the operator may not make the unfair and unreasonable regulations on the consumer by form contract, notice, declaration and shop notice, or to relieve and relieve the civil liability for the legal rights and interests of the damage to the consumer.
[amendment] delete the clause.
seven, other rights to exclude consumers in accordance with the law
Party A (consumer) without proper reasons, not to take part in the acceptance of the project or to expire the objection as agreed, and to settle the balance within three days, if the consumer has not paid all the surplus to Party B within three days after the acceptance of the completion of the acceptance. Money is considered to be the consumer to give up the warranty, Party A (consumer) if not on time or without proper reason to participate in the acceptance, the decoration enterprise may accept the acceptance, Party A shall be approved to accept the acceptance.
[commented] business department believes that after completion of the project, the consumers should accept the contract according to the contract, instead of the acceptance by the decoration enterprise. Therefore, the decoration enterprise can not be in the case of consumer organization, their own acceptance, more can not allow consumers to accept the results of its acceptance, its agreement to exclude the acceptance of consumer rights.
at the same time, it is another legal relationship not to settle the contract of the contract. The decoration enterprise can solve it through negotiation or judicature. It can not take this as the condition and exclude the warranty rights that the consumer should enjoy.