Investigation on overlord clause of decoration con

2022-07-22
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The goods were not paid on time, and the quality of the goods was not in line with the agreement. When taking out the contract, I found that there was no liability for breach of contract at the beginning, and even some clauses had become a magic weapon for the defaulter... During the decoration, some overlord clauses made many citizens like to install new houses, but they were frequently troubled. The reporter learned from Nangang District Consumers' Association that decoration complaints have recently accounted for nearly 1/10 of the total complaints. Harbin lawyers believe that in the decoration contract in Harbin, some clauses seriously damage consumers

the goods were not paid on time, and the quality of the goods was not in line with the agreement. When I took out the contract, I found that there was no liability for breach of contract at the beginning, and even some clauses had become a magic weapon for the defaulter... During the decoration, some overlord clauses made many citizens like to install new houses, but they were frequently troubled

the reporter learned from the Nangang District Consumers' Association that decoration complaints have recently accounted for nearly 1/10 of the total complaints. Relevant people in Harbin lawyers believe that some clauses in the decoration contract in Harbin seriously harm the interests of consumers, and the overlord clause makes the decoration contract a hidden arrow aimed at the rights and interests of consumers

signed a contract and bound himself to spend more than 100000 yuan to decorate his new house. As a result, the whole decoration period was delayed due to a custom-made door, and several negotiations were fruitless. Recently, Mr. Li, a citizen, encountered the decoration overlord clause

it is reported that recently, Mr. Li decorated his new home and ordered a wooden door for the living room in a door and window factory. According to the contract, the manufacturer delivered the goods within 15 days, and Mr. Li paid a deposit of 800 yuan to the manufacturer. As a result, 15 days later, the reserved door still didn't arrive. Mr. Li asked several times, and the other party said that the goods could be paid in two days. After 20 days, 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 resolutely refused to return the money

after several delays, the door was delivered, and soon after it was installed, the door edge was deformed. Mr. Li took the contract to the manufacturer and asked for return. Unexpectedly, the other Party pointed out one item in the contract - the manufacturer is not responsible for moisture deformation caused by human factors. The manufacturer said that the door deformation was caused by Mr. Li's improper storage. Holding the contract, Mr. Li was still unable to protect his rights and interests, and he choked

who has the initiative to format the terms

according to Lawyer Chen Hong of Harbin Hongqi law firm, in the decoration, the cases of consumers suffering losses due to overlord terms have increased significantly in recent years. For example, some decoration contracts stipulate that the owner is responsible for the cracks after the floor tiles are paved due to the quality problems of the floor tiles purchased by the owner. Some also stipulate that decoration companies are not responsible for the pollution caused by decoration materials, and so on

it is understood that at present, decoration contracts are basically formatted contracts, which are written in advance by decoration material manufacturers and decoration companies, and consumers only need to sign the contract, so this formatted contract drafted by the other party itself is prone to unfairness. In addition, most consumers do not know much about the relevant responsibilities of the terms, and they often fall into the contract trap if they are not careful when reading the contract. Once there is a dispute, I want to discuss the contract, but I find that the contract has become a weapon for the other party to hide their mistakes

who will protect the rights and interests of decoration without three guarantees

according to the relevant person of Nangang District Consumers' Association, the proportion of decoration disputes in the total number of complaints has increased significantly recently, and is now nearly 1/10. The decoration disputes are very difficult to resolve. Because, at present, there is no three guarantees for decoration. For example, there are no clear regulations on whether to unconditionally return the purchased floor tiles after they are paved and how long they can be returned and replaced. However, it is very complicated to identify whether the occurrence of floor tile cracks is due to quality, improper storage during transportation, or poor paving technology

relevant people of the consumer association pointed out that at present, most decoration disputes are resolved by adjustment. Due to the difficulty of providing evidence, the road of decoration litigation is more and more difficult. Among them, the overlord clause in the decoration contract has undoubtedly become a shield for individual decoration companies and manufacturers to operate in violation of regulations. Relevant people from Harbin consumers' Association called for the introduction of the three guarantees for decoration and relevant laws and regulations as soon as possible to avoid the situation of entrapment in decoration

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