Miss Wang, a long-time consumer of rights rights, had a dispute with the decoration company during the renovation process. She wanted to rescind the contract. However, she found that most of the terms in the contract were to protect the interests of the decoration company. There were few provisions to protect her own interests. Paid a small fee.
There are ambush clauses everywhere
At the end of last year, Miss Lin Lin, a consumer, signed a home improvement contract with a decorative design engineering company. After the renovation began, Miss Lin found that the cement used by the company was not originally contracted on the contract, and the quality of the cement was doubtful. Miss Lin could no longer trust the company's renovation work and proposed a suspension of the contract. However, the company refused, so Miss Lin complained to the Siming 12315 Complaints Desk.
Siming 12315 Complaint Desk immediately after the acceptance of the investigation and processing of this complaint, but because Ms. Lin could not provide relevant evidence, make this seemingly simple complaint becomes difficult to mediate. Originally, according to the principle of "who advocates who should support the evidence," Miss Lin complained that the quality of the cement used by the company was in question, and it was necessary to produce relevant evidence. However, because the cement has been used up, the quality supervision department cannot identify the quality of the cement.
Obviously knowing that he had suffered a loss but could not win, Ms. Lin also thought that the company’s use of other brands of cement had violated the contract, but it was unable to provide the company’s purchased cement quality grade invoices and other vouchers. To her surprise, the company stated on the contract that "If the goods in the B company (company) material distribution warehouse can be out of stock can use other materials of the same quality," and the company can come up with a certificate of quality inspection for other brands of products. To prove its "quality", it cannot be said that it violated the contract. On the contrary, Ms. Lin’s request for suspension of the contract was an act of breach of contract. According to the terms of the contract, the contractor should pay the penalty for the decoration company. This is obviously another interest left by the decoration company in the contract. Complaints stalled.
After eating for some time, the two sides decided to reconcile their complaints to the 12315 Complaint Desk. After several hours of hard work, the decoration company agreed to suspend the contract and agreed that Miss Lin did not need to pay the liquidated damages, but also required him to pay for the design fee and the total amount of renovation works. 9,000 yuan. Ms. Lin felt unacceptable because the renovation had just started. Moreover, the pre-paid design fee of 3,000 yuan was stated as a deduction for the total amount of renovations. The decoration contract is now suspended and the original decoration money does not exist, so the design fee should not be charged. However, when the staff of the 12315 Complaints Desk read the contract carefully, they found that the design commission signed by the two parties clearly stated that the design fee could not be returned. Ms. Lin’s request could not be supported.
Finally, under the mediation of 12,315 staff members, Miss Lin and the decoration company reached a consensus and agreed to pay about 8,900 yuan including the design fee, and the two parties immediately suspended the renovation contract. Ms. Lin said afterwards that she regretted not seeing the contract carefully before she caused her own loss.
Industrial and Commercial Review: Make your eyes bigger!
The staff of 12315 told the reporter that the focus of this renovation complaint was on the decoration contract, which was a typical format contract that was prepared in advance by the decoration company. The specific terms of the contract are almost always to protect the decoration company's own interests. For example, in terms of materials, it only stipulated that the decoration company could use other materials when it was in short supply, but there was no agreement that consumers would be allowed to pass and make consumers in a passive position.
To this end, the industrial and commercial department once again reminded consumers: Before signing a decoration contract, it is necessary to read every clause. For those involving their own personal interests, the terms and conditions that are not stated in the clause should be filled out with a supplementary agreement. The dispute that may occur shall be determined. Clear division of responsibilities in order to truly safeguard their rights and interests is not infringed.
Glossary: ​​The Ba King Terms The so-called Ba King terms mainly refer to the unfair format contracts, notices, announcements, store notices, or industry practices that are unilaterally formulated by some operators to evade statutory obligations, reduce or exempt their own responsibilities. It exists in a large number in the consumer sector, some public enterprises and operators who have an exclusive position in accordance with the law. These articles follow the rules of the old system, or formulate conventions based on the interests of the industry itself, restrict consumers' rights, and seriously infringe upon the interests of consumers.
There are ambush clauses everywhere
At the end of last year, Miss Lin Lin, a consumer, signed a home improvement contract with a decorative design engineering company. After the renovation began, Miss Lin found that the cement used by the company was not originally contracted on the contract, and the quality of the cement was doubtful. Miss Lin could no longer trust the company's renovation work and proposed a suspension of the contract. However, the company refused, so Miss Lin complained to the Siming 12315 Complaints Desk.
Siming 12315 Complaint Desk immediately after the acceptance of the investigation and processing of this complaint, but because Ms. Lin could not provide relevant evidence, make this seemingly simple complaint becomes difficult to mediate. Originally, according to the principle of "who advocates who should support the evidence," Miss Lin complained that the quality of the cement used by the company was in question, and it was necessary to produce relevant evidence. However, because the cement has been used up, the quality supervision department cannot identify the quality of the cement.
Obviously knowing that he had suffered a loss but could not win, Ms. Lin also thought that the company’s use of other brands of cement had violated the contract, but it was unable to provide the company’s purchased cement quality grade invoices and other vouchers. To her surprise, the company stated on the contract that "If the goods in the B company (company) material distribution warehouse can be out of stock can use other materials of the same quality," and the company can come up with a certificate of quality inspection for other brands of products. To prove its "quality", it cannot be said that it violated the contract. On the contrary, Ms. Lin’s request for suspension of the contract was an act of breach of contract. According to the terms of the contract, the contractor should pay the penalty for the decoration company. This is obviously another interest left by the decoration company in the contract. Complaints stalled.
After eating for some time, the two sides decided to reconcile their complaints to the 12315 Complaint Desk. After several hours of hard work, the decoration company agreed to suspend the contract and agreed that Miss Lin did not need to pay the liquidated damages, but also required him to pay for the design fee and the total amount of renovation works. 9,000 yuan. Ms. Lin felt unacceptable because the renovation had just started. Moreover, the pre-paid design fee of 3,000 yuan was stated as a deduction for the total amount of renovations. The decoration contract is now suspended and the original decoration money does not exist, so the design fee should not be charged. However, when the staff of the 12315 Complaints Desk read the contract carefully, they found that the design commission signed by the two parties clearly stated that the design fee could not be returned. Ms. Lin’s request could not be supported.
Finally, under the mediation of 12,315 staff members, Miss Lin and the decoration company reached a consensus and agreed to pay about 8,900 yuan including the design fee, and the two parties immediately suspended the renovation contract. Ms. Lin said afterwards that she regretted not seeing the contract carefully before she caused her own loss.
Industrial and Commercial Review: Make your eyes bigger!
The staff of 12315 told the reporter that the focus of this renovation complaint was on the decoration contract, which was a typical format contract that was prepared in advance by the decoration company. The specific terms of the contract are almost always to protect the decoration company's own interests. For example, in terms of materials, it only stipulated that the decoration company could use other materials when it was in short supply, but there was no agreement that consumers would be allowed to pass and make consumers in a passive position.
To this end, the industrial and commercial department once again reminded consumers: Before signing a decoration contract, it is necessary to read every clause. For those involving their own personal interests, the terms and conditions that are not stated in the clause should be filled out with a supplementary agreement. The dispute that may occur shall be determined. Clear division of responsibilities in order to truly safeguard their rights and interests is not infringed.
Glossary: ​​The Ba King Terms The so-called Ba King terms mainly refer to the unfair format contracts, notices, announcements, store notices, or industry practices that are unilaterally formulated by some operators to evade statutory obligations, reduce or exempt their own responsibilities. It exists in a large number in the consumer sector, some public enterprises and operators who have an exclusive position in accordance with the law. These articles follow the rules of the old system, or formulate conventions based on the interests of the industry itself, restrict consumers' rights, and seriously infringe upon the interests of consumers.
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