When signing a contract with a home improvement company, consumers were filled with trust and gave an empty house together with their dream style to the home improvement company. However, such trust may be in return for fraud. The contract full of traps allows businesses to gain instant benefits, but in the end it still has to pay the price of good faith.

The home improvement market is not yet standardized, but at the same time there are many business opportunities. Merchants are greedy for a time when Xiaoli can only lose a larger market. What he should do is take the lead in doing a model for the industry, actively use model contracts provided by the industry and commerce departments, and run business with integrity. Transparent construction, so as to occupy the market faster. The law enforcement agencies should also regulate the home improvement industry, reward and punish the bad, and promote the home improvement market.

Core tips:

On August 2, from the Taiyuan City Interior Decoration Industry Association, in the first half of 2007, the Association received a total of more than 50 complaints about the decoration of the people. Almost all decoration disputes are rooted in the signing of non-standard home improvement contracts or contracts. Obvious overlord clause.

According to relevant sources, the country has no specific provisions on the specific funds and standards in the decoration contract. Many of the decoration company's contracts are formulated by the company itself, and there are no overburdened terms for the consumers. Although the province has the "Home Decoration Project Contract" produced by the Provincial Administration for Industry and Commerce, it has not been forced to use it. Currently, there are less than 90 home improvement enterprises in the provincial capital, accounting for only 1/10 of the Taiyuan home improvement market share.

In response to the decoration dispute caused by the contract, the chief executive of a large-scale decoration company in the provincial capital believes that the lag in policies and regulations, the low level of corporate management, and the low quality of personnel are the root causes of the difficulty in ensuring the quality of home improvement, and a large number of “guerrilla guerrillas”. "The disorderly competition has captured more than 80% of the market in Taiyuan's home improvement industry, causing home improvement complaints to rise. Only by perfecting relevant laws and regulations can we ensure the healthy operation of the home improvement market.

The status quo of market chaos is difficult to change for a time. Consumers must raise their awareness of self-protection and master relevant decoration knowledge. So, what clauses are the most easily used by merchants in home improvement contracts? What are the aspects easily overlooked by consumers? With these questions, this reporter found related cases from the relevant departments and asked the experts to support these issues for consumers.

â—† Overlord clause one:
The proportion of liquidated damages is unfair. Consumers often have to pay high liquidated damages for breach of contract, while decoration companies defaulting on contracts only need to pay a few hundred yuan in lost work.

Typical Case:

Xiang Hong (a pseudonym) has recently been a bit depressed, and things have come from the renovation of new homes.

On June 5 of this year, Xianghong signed a contract with a decoration company and agreed to formally start construction on June 9 for the renovation of its new house. The construction period is 60 days. On the same day, Xianghong handed over the new house key and the first-phase project money of 19,329 yuan to the company.

The development of the incident was completely beyond the expectation of Xiang Hong. Starting from June 9, Xiang Hong made a few trips to his new home, but he could not see the shadow of the workers every time he went. Xiang Hong rushed to call the decoration company, the other said that the business is too busy, too busy, it took a few days to start work. Hearing the other party's attitude is very sincere and Xiang Hong has not paid too much attention. Can wait for this to wait until now, look at the house that can't be started for a long time, Xiang Hong decides to recover the loss according to the contract, and rescind the contract, find a company again.

Hearing Xiang Hong’s request to rescind the contract, the decoration company stated that according to the contract, the company would delay the construction period and only pay her a one-inch cost for the basic decoration project. It would be several hundred dollars. And if she voluntarily proposes to terminate the contract, according to regulations, according to the basic decoration project cost of 20%, plus 40 yuan per square meter of the design fee, you can pay nearly ¥ 10,000 in damages.

The expert opinion:

"These regulations of the decoration company in the contract are completely unfair and overlord terms." Wang lawyer of Taiyuan City Meimei Law Firm said that at present many decoration companies and consumers have signed a decoration contract, they will use the consumer's not Knowledgeable, to develop some terms that are clearly beneficial to businesses, "especially a breach of contract, the business by unfair payment ratio, to limit the consumer and the company to terminate the contract."

Evening News Reminder:

Before we sign a contract for a new house, we must carefully check the contract's proportion of compensation for breach of contract. If you feel unfair and unreasonable, then look for another company.

â—† Overlord clause two:

Specifically in the contract to increase some of the professional language can not be understood by consumers, unfamiliar words, wait until the occurrence of disputes, the decoration company will make a fuss in these terms, and make explanations often make consumers speechless.

Typical Case:

In the decoration contract signed with the decoration company, Mr. Wang of Taiyuan Citizen stipulated: materials and construction funds for various cabinets, low cabinets, and hanging cabinets, etc., calculated at a height of less than 1 meter by 1 meter, and more than 1 meter by “Yanmi”. According to actual calculations.

When signing the contract, Mr. Wang did not understand what "Yanmi" meant, but because of the urgency of staying in a new house, he did not sign up for details. One month later when the two parties settled, Mr. Wang found that the decoration company’s accounting was more than 2,000 yuan more than what he calculated. Originally, the decoration company's so-called "Yanmi" calculation is regardless of the length of the cabinet. When the mantissa is less than 1 meter, it is counted as 1 meter. For example, the master bedroom closet is 24.7 meters by 25 meters, and the TV cabinet is 4.24 meters by 5 In terms of meters... In this way, the results of the fitting-out company's accounting are naturally much higher than those calculated by Mr. Wang.

Mr. Wang was very angry for this, he believes that the concept of using "Yanmi" by the decoration company is itself a trap, and he has no knowledge of the line. He deliberately did not explain it to him when signing the contract.

The expert opinion:

Taiyuan City Interior Decoration Association official said that the decoration company to "Yanmi" calculation of the project is unreasonable. There are two methods for calculating materials and projects in the home improvement industry: one is based on the developed area of ​​the materials used, and the other is based on the overall volume of the cabinets to be made, but the precise measurement needs to be specified in the contract. clear.

Evening News Reminder:

Renovation is a time-consuming and costly event, but it is also a very professional business. Therefore, we must be clear about the concept we do not understand, so as to avoid becoming a big deal in the renovation process.

â—† Overlord Clause 3:

The actual use of the decoration materials, construction techniques, and materials and processes agreed in the contract are different. However, due to the general price quotation on the contract, consumers are suffering.

Typical Case:

At the beginning of this year, Bi Min (a pseudonym) renovated his new house. When choosing plates, the decoration company introduced its use of black walnut panels, and brought several samples of different grades for its selection. Bi Min chose 98 yuan/piece. Black walnut panel. When the two parties signed a decoration contract, the contract indicated the use of black walnut for the decoration board, and the total material cost was 3,000 yuan. The board level and the fineness of the construction process were all not indicated.

More than half of the renovation works, Bi Min found in the new house, the black walnut panel attached to the new house was far from the quality of the sample that the decoration company showed him, and the construction process quality was poor. Many cabinet sizes did not meet the requirements. After market research, Bi Min discovered that the black walnut panels used by the decoration company were all the lowest grade and the lowest quality panels, and the unit price of each panel was only 60 yuan. Bi Min consulted a lawyer with a decoration contract. According to lawyers, because only general quotation was provided in the contract and the grade and construction technology of the sheet were not specified, the owner might not be able to win the case if he took legal procedures.

The expert opinion:

Li Xing, designer of Taiyuan Jiafeng Decoration Co., Ltd., said that consumers generally only pay attention to the brand of the used plate, and ignore the model and grade of the material. Take the black walnut panel as an example. The price of high-quality black walnut and inferior black walnut can differ by one. Times.

Evening News Reminder:

In order to avoid the decoration company cutting corners, the best way is to make sure that the decoration company will specify the type, grade, price, etc. of the materials used in the contract, so that the designers can provide drawings on the construction process, and it is best to let the knowledgeable friends and lawyers. Finally help sign before signing it. (

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