We did not agree on the delivery of goods and the quality of goods was inconsistent with the agreement. We found out that we did not set a contractual obligation, and even individual clauses became the asylum of the breaching contractor... In the decoration, individual bully terms made many citizens happy to install new homes. Frequently disturbed.
The reporter recently learned from the Association of Consumers in Nangang District that the decoration complaints have recently accounted for nearly 1/10 of the total number of complaints. Harbin lawyers believe that the individuals involved in the decoration contract in Harbin have seriously harmed the interests of the consumers. The Overlord Clause has made the decoration contract a shadow on the rights of consumers.
Signed a contract to bind himself
Spending ten million yuan to renovate the new house. As a result, due to a delay in the renovation of the entire renovation period, several negotiations have been fruitless. Recently, the public Mr. Lee suffered decoration decoration terms.
According to reports, a few days ago, Mr. Li had renovated a new home and ordered a living room wooden door in a door and window factory. According to the contract, the manufacturer delivered within 15 days. Mr. Li paid 800 yuan deposit to the manufacturer. As a result, after 15 days, the booked door still did not arrive. Mr. Li asked several times and the other party said that they could deliver goods within two days. After 20 days passed, the door was still not delivered and the decoration process was delayed. Mr. Li asked to return the deposit and cancel the order. As a result, the other party would not repay the money.
After a few delays, the door was sent, and after it was put on, the door was soon deformed. Mr. Li took the contract to find the manufacturer and asked for a return. Unexpectedly, the other party pointed out that one of the contracts --- caused by human-induced deformation of moisture, the manufacturer is not responsible. The manufacturer stated that the door deformation was caused by improper storage of Mr. Li. With his contract in hand, he still could not protect his rights. Mr. Li yelled.
Format clause initiative in who
According to lawyer Chen Hong of the Hongqi Law Office in Harbin City, in the decoration, cases of consumer losses due to overlord clauses have increased significantly in recent years. For example, some renovation contracts stipulate that due to the quality problems of the floor tiles purchased by the homeowners, cracks appear after the floor tiles are installed, and the owner is responsible. Some also stipulate that the decoration company will not be responsible for the pollution problems caused by the decorative materials, etc.
It is understood that since the current renovation contract is basically a formatted contract, the decoration materials manufacturers, decoration companies and other pre-written, consumers only need to sign a word on the contract, so this formatted contract itself by the other party on the It is prone to injustice. Coupled with the fact that most consumers do not understand the relevant responsibilities of the terms, they are not careful when reading the contract, and often they accidentally fall into the contract trap. Once there was a dispute and it was wanted to get a contract to discuss it, it was found that the contract became the weapon that the other side concealed.
No three packaging repair rights who will protect
According to relevant persons from the Association of Consumers in Nangang District, the proportion of decoration disputes in the entire volume of complaints has risen significantly recently and is now nearly 1/10. The decoration dispute is very difficult to solve. Because, at present, the decoration does not have three guarantees. For example, after buying a floor tile, there are cracks, which should not be returned unconditionally, and how long it can be guaranteed to be returned or replaced. These are not clearly defined. The appearance of the cracks in the floor tiles is the reason of quality. The improper storage during transportation, or the paving technology is not enough, and the identification is very complicated.
Consumers Association pointed out that at present, most of the decoration disputes are resolved by adjustment, due to the difficulty in making evidence, making the road of renovation lawsuits more and more difficult, and this one, the overlord clause in the decoration contract, undoubtedly became a separate decoration company and the manufacturer of illegal operations a shield. Harbin Association of Consumers Association appealed for the renovation of the Three Guarantees and related regulations as soon as possible in order to avoid the pitfalls of renovation pits.
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