Consumers need to be cautious not to eat dumb goods. Order contracts have "traps"

Nowadays, there are more and more decoration companies and building materials merchants, and there have been mixed phenomena in the market. During the renovation process, some of the bad JS often play tricks to deceive the owners. For example, some “small organizations” are set in the order contract, and many owners are This is extremely debilitating.


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Nowadays in people’s lives, contracts are everywhere, but they are often overlooked. As everyone knows, whether the contract is large or small, it is an official document that has legal effect. At present, some unscrupulous merchants are using the psychology of partial consumers, playing tricks in contracts, and setting up "traps." Recently, Miss Wu, who lives in Xuhui, told reporters what she had encountered during her renovations.

According to Ms. Wu’s report, at the end of 2010, she ordered a special mobile door of a certain brand at Dashanghui, and signed an order contract with the merchant. The details of the frame specifications, colors, and prices of the moving door are specified in the contract. The sales staff of the brand's door industry also verbally promised to send people to measure in a short time, and promised to install Miss Wu as soon as possible after the measurement. After signing the contract, according to the requirements of the merchant, Miss Wu paid a deposit of 300 yuan on the spot.

A few days later, the company sent people to Miss Wu’s home to complete the field survey. However, after waiting for half a month, Ms. Wu was told that the mobile door was out of stock.

Ms. Wu said that since the measurement, she often asked whether the store's mobile door could be installed, but the store's attitude was very vague and always answered, "It will naturally be installed." After inquiring several times, the salesperson of the door industry told Ms. Wu that the glass of the special door was not available, so Miss Ng re-selected another moving door. "Because the moving door could not be installed, the entire renovation period was delayed." Miss Wu said angrily. "If you inform me in advance, I can choose other brands. But they did not do so."

Miss Wu is very angry about the violation of the business. After learning that she was out of stock, Ms. Wu first revealed the order contract at the time and hoped that she could investigate the liability of the seller for breach of contract. However, after carefully reading the contract, Miss Wu found that the contract not only did not provide a specific date for delivery, but also failed to mention the company’s liability for breach of contract. "At the time of signing the contract, there was no careful look at it. Some terms were not carefully considered," said Miss Wu.

Subsequently, Miss Wu gave the reporter the contract. Formally, there is no difference between the contract and the general ordering contract. However, after close reading, the reporter found that the contract did not include any date on the delivery date. This means that at any time, the merchant can deliver Miss Wu, it is possible, and does not need to assume responsibility for breach of contract.

At the same time, the liability for breach of contract provided by the contract is obviously beneficial to the business. Article VIII of the contract stipulates that contract Party A (Miss Ng) shall not unreasonably reduce the item. If there is a reduction, 20% of the total amount of the reduced item shall be paid. Breach of damages to Party B (businesses). Both parties shall not unilaterally breach the contract. If there is any breach of contract, the deposit will not be refunded. Miss Wu said: “At the time of seeing this clause, I was really dumbfounded. The contract stipulated my responsibility for breach of contract clearly, but the responsibility of the seller’s breach of contract was not mentioned.”

Originally wanted to take the contract to find businesses to discuss a Miss Wu, and finally had to accept the business to re-select other styles of mobile door recommendations. "After this incident, when I sign the contract next time, I must look carefully and I can't eat this kind of "dead"." Miss Wu told reporters in this way.

Industry insiders reminded consumers that they must read the contract carefully when signing the contract, and should make the parties' liability for breach of contract and the specific date of delivery as clear as possible. Only white and black characters are legally binding and do not blindly believe the verbal promises of businesses.


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