Trial implementation of contractual text of furniture sales contract with unprovoked rights

In the furniture sales transaction, the voucher issued by the merchant is often a delivery note without a contract; and the content on this delivery note, except for the name and price of the furniture, rarely has other content. Once quality problems occur, consumption It is often difficult for defenders to defend their rights because of the so-called "spoken words". In the future, this phenomenon will be improved. According to the relevant person in charge of Suzhou Industry and Commerce Bureau, the model contract text of furniture sales format designed by Xiangcheng Industry and Commerce Bureau will be promoted and used in the city's furniture industry during the year. Starting next month, a pilot will be launched in Xiangcheng District.

1. The furniture sold by the merchant needs a basic description

In the current furniture trading activities, most of the issues issued by the operator to the consumer are a delivery note. The above content generally only includes the name, model, and price. This format contract requires a basic description of the furniture sold, including the following items: name, specifications, trademarks, producers, main materials / fabrics, auxiliary materials / metal accessories, color, quantity, unit price, Total price, assembly fee, delivery fee. Among them, the main material / fabric refers to the material or fabric used in the main body of the furniture, such as red sandalwood, cowhide, chemical fiber, etc. Since the value of the main material / fabric is related to its place of origin, the place of origin must also be indicated. Auxiliary materials / metal fittings refer to the materials used in the non-main parts of the furniture, such as packing and other metal fittings. The description must match the name of the furniture product.

Jin Feng, head of the marketing section of the Xiangcheng Industry and Commerce Bureau, said that through the basic description, it can be used as a reference for inspection by the industry and commerce and quality supervision departments, and as a certificate for consumers to find quality problems.

2. Each piece of furniture must be accompanied by the "Instruction Manual"

This contract requires that each piece of furniture should be accompanied by a “furniture instruction manual” that complies with the requirements of the national standard 5296.6-2004, and meet the execution standards stated in the instruction manual: national standards or industry standards. Among them, the dark and precious hardwood furniture should also meet the standards stipulated in the "Dark and Dark Hardwood Furniture Standard" QB / T2385-2008. Jin Feng said that in the future, if random inspections by industry and commerce and quality supervision find that the quality does not match the content in the manual, the relevant personnel will be punished in accordance with the Anti-Unfair Competition Law.

3. There are four options for confirmation and acceptance

The acceptance process also often leads to furniture sales disputes. Last year, it accounted for 70% of furniture complaints in Xiangcheng District. This format contract refines this link to avoid possible disputes. It is divided into four situations: "qualified acceptance", "two clear payment", "rejection and reason" and "problem and solution" for both parties to choose after acceptance. Make the standard contract have the dual functions of delivery and acceptance.

In the past, many consumers bought furniture at trade fairs and found quality problems, often complaining of nowhere. In the future, this responsibility will be recovered by the organizer of the fair.

The format contract stipulates that if the furniture sold in the market or the trade fair has quality problems, it will catch up with the withdrawal of the furniture enterprise. Consumers can request the market or the fair organizer to pay the compensation first according to the contract. All furniture companies that sell in the market or trade fairs are obliged to sign the contract first, and give it to the organizer for stamping.

Four, the buyer has no right to return the "deposit"

In recent years, in the sale of furniture, there have been many disputes caused by advance payment. This contract clarifies the applicable rules of the deposit, stipulating that: if the buyer returns the goods in violation of the contract, he has no right to request the return of the deposit; if the seller fails to deliver the contract, he should double the deposit. Therefore, the difference between "deposit", "deposit" and "advance payment" in the dispute is clear.

The "Contract Law" has a clear explanation and provisions for the term "deposit", and the amount cannot exceed 20% of the entire purchase price.

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