Next year, Beijing merchants will use the final interpretation power and other words can be fined 30,000

Source: Internet
Author: User
Keywords Next year the word the right to interpret
Industrial and commercial requirements of the business self-examination contract form February 14 end of the report (reporter Shi), "negative loss is not responsible for", "Discount merchandise does not warranty", "The business has the final interpretation of the right" and other such contracts, such as the format of the terms, has been some businesses as an excuse to harm  Reporters yesterday from the city Trade and Industry bureau learned that next year February 14, businessmen must self-examination clean up the form of the contract, otherwise found that this infringement of consumer interests will be punished, the maximum penalty of 30,000 yuan. It is understood that the contract format clause is a number of businesses in order to repeat the use of the early formulation, sign the contract did not negotiate with the consumer terms. In particular, some businesses use the information asymmetry between consumers, economic power is not equal to the strong position, in the predetermined terms of the contract to add a large number of unfair, unreasonable content. This kind of clause phenomenon in the communication, electricity supply, water supply, bank, insurance, commercial housing sales, home decoration and intermediary services industry is not uncommon, because of unequal form of contract caused by consumer complaints increased year by year. such as some wedding photography business, in the wedding photography contract stipulates that "negative loss is not compensable", some household merchants sell furniture will be stipulated "discount merchandise does not warranty", and some businesses in the contract provisions "business has the final interpretation of the right", and so on. Even some travel agencies in the contract stipulates "such as in the event of personal accidents, travel agencies irresponsible" and so on.  Since these contract terms are provided in advance by the merchant, consumers will have to accept these "unequal" terms if they want to buy goods or receive services. In response to this situation, in November this year, the general administration of Industry and Commerce promulgated the "supervision and treatment of illegal acts of contract" clearly stipulates that businesses and consumers to use the format clause to enter into a contract, the merchant shall not be exempted from the 5 categories of responsibility, is the responsibility for the personal injury of consumers, , the liability for the guarantee of the goods or services to be provided according to law, the breach of contract due to default and other responsibilities that should be borne.  At the same time, the merchant may not in the form clause aggravating consumer's 3 responsibility, is the liquidated damages or the damage compensation payment exceeds the legal amount or the reasonable amount, undertakes the business risk responsibility which should be borne by the merchant and other according to the laws and regulations should not be borne by the consumer the responsibility. The city Trade and Industry bureau issued a circular, the requirements of the business must be February 14 before the self-examination and clean up the contract format clause, the above content shall not appear. From February 14 onwards, if there is a consumption contract format provisions still do not meet the requirements, industry and commerce will be in accordance with the "Contract illegal supervision and treatment measures" to punish. According to the provisions, the maximum penalty is 30,000 yuan.
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