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Recently, the shandong chamber of commerce and industry announced
Ten typical unfair contract format clauses for 2016
01
Interpret: if you are late in paying for the water, the water provider is not entitled to receive the rest of the money. (note: here is the rest of the money.)。
Name of contract: city water supply contract xx
The terms of the contract are as follows: “if the water user fails to pay the water bill as scheduled, the water provider shall be entitled to a 1 per cent cut-off on a daily basis from the due date, and the water provider shall be entitled to suspend the water supply.”
Comment: according to articles 4, 12 and 13 of the code of administrative coercion, the addition of metals is one of the means of administrative enforcement, which is established by law. There is no right to set up demurrage payments except under national law. Thus, the contract in which the water utility established a “one per cent demurrage on a daily charge” was invalid。
02
Interpretation: even if you do not pay the gas bill as scheduled, the gas provider cannot stop supplying without warning you。
Name of contract: city of xx, fuel supply contract for resident users
The terms of the contract: “the gas user shall pay the gas in due time and the overdue payment of the gas shall pay the default payment in accordance with the relevant provisions. When the gas provider refuses to pay for the gas, the gas provider has the right to take measures to suspend the gas supply.”
Point of comment: under section 94 of the contract act and section 18 of the municipal gas regulation regulations, the gas provider shall, prior to the cessation of the gas supply, make a reminder to the user that, if he or she still does not pay for the gas, he or she shall not cease the gas supply in accordance with the procedure prescribed in the contract. This article is suspected of exempting the legal obligation of the provider of the form clause。
03
Interpretation: the gas provider is liable for breach of contract because of the cessation of gas caused by third parties。
Name of contract: city of xx, fuel supply contract for resident users
The contents of the articles: “the gas-using party shall not be liable for loss of gas if: (1) the gas-producing facility is damaged by a third party; (2) force majeure; (3) governmental reasons; and (6) the upstream gas-cutting, pressure-reduction, gas-restriction, and accident affect the gas supply of b.”
Point comment: under articles 117, 118, 121 of the contract act and article 24 of the shandong gas regulation regulations, the gas supplier is not exempt from liability in the event of an accident or gas stoppage caused by a third party. This provision is suspected of exempting gas suppliers from liability for breach of contract. In addition, the unilateral non-performance of obligations due to force majeure and the non-liability of the gas provider for losses caused by force majeure directly precludes a partial exemption from liability under force majeure and is suspected of exempting the gas provider from liability for breach。
04
Interpretation: the heating side cannot be excused because of the power outage。
Name of contract: city xx heat supply contract
Content of contract terms: “exemption clause: exoneration from the responsibility of the heating party for the interruption of the heating as a result of the water and electricity outage”
Point observation: according to article 121 of the contract act, the responsibility for the interruption of heating as a result of the power outage cannot be attributed to the consumer. As a heat provider, the company cannot relieve itself of breach of its obligations as a result of the interruption of heating out of the water outage alone. In such a case, the heating company may be held liable to a third party, but cannot justify its own exemption。
05
Interpretation: the supplier of the electricity caused losses to the electrician and must make up for the actual losses, without limiting the maximum amount of compensation。
Contract name: city xx low pressure supply contract
The contract terms read as follows: “if the electrician has caused a loss to the electrician in breach of his obligations regarding the quality of the electrical power under this contract, he shall be compensated for the actual loss of the electrician, up to a maximum of 20 per cent of the actual electricity used by the electrician during the period in which the electricity quality was inadequate and of the average electricity price multiplier for the corresponding period.” “if the electrician has caused a loss to the electrician in breach of the terms of this contract by means of a power outage, the electrician shall be compensated for the actual loss, up to a maximum of five times the electricity rate that the electrician may have used during the power outage (the calculation reference to that amount)
Point comment: according to article 113 of the contract act and the relevant provisions of article 59 of the electricity act, an electric power company that is liable for losses caused to the person using the power because of the unsatisfactory quality of the power supply and the failure to comply with the agreement to perform the power outage shall be liable for compensation sufficient to compensate the person using the electricity for the actual loss, without qualifying the maximum amount of compensation. Under the above-mentioned provision, the power company limits the maximum compensation for the loss of the electrician, who, in addition to compensation for the damage to the electricity company, must pay a breach of contract and have a different right and obligation. The suspected reduction of liability for breach and damages on the part of the power provider limits the right of consumers to claim damages and damages。
06
Interpretation: if the seller fails to deliver the vehicle on time, the buyer proposes to release the agreement and the seller must double the down payment。
Name of contract: letter of agreement for car purchase in city xx
Contract terms: the contract provides that if the seller fails to deliver the vehicle at the agreed time, the buyer has the right to unilaterally terminate this agreement or to extend the period of delivery by mutual agreement, and the buyer thus unilaterally terminates the agreement, the seller is not liable for any breach other than the obligation to return its down payment without interest。
Point observation: according to article 115 of the contract act, “a party may secure a claim by agreeing to pay a deposit to the other party in accordance with the security act. After the debtor has fulfilled its obligation, the down payment should be either paid for or recovered. If the party giving the down payment fails to perform the agreed obligation, it shall not be entitled to request the return of the down payment; if the party receiving the down payment fails to perform the agreed obligation, the down payment shall be doubled.” the seller unilaterally changed the penalty for the down payment by way of form clauses, exempting itself from the obligation to double the down payment for breach of contract。
07
Interpretation: if you fail to pay for the water, the water provider can ask you for the default, but no security。
Xx municipal water supply contract
The terms of the contract: the water user has been late in paying the water bill, the water provider is entitled to collect the default payment from the water user as of the due date and to receive a deposit of two times the average monthly water bill from the water user。
Point observation: a bond is a deposit that is not punitive if it is made by one or both of the parties to the contract in order to guarantee the performance of the contract and is retained by the other party or is deposited in a third party and is returned only upon expiry of the contract or its dissolution by law. Discharge payments are effective in the performance of the secured obligation, as well as in the punishment of defaulters and compensation for losses suffered by a party who is not at fault. Under the principle of equality, equal value and compensation, the payment of default payments by water users is sufficient to compensate for the loss of the water supplier. It is clear that the collection of twice the average monthly price of the water supplied by the water provider after the water provider has been required to pay the default amount is unequal and unfair and increases the liability of the water user。
08
Interpretation: if, for your reasons, it is not possible to copy the water table, the water supply provider can estimate, but the final cost is still to be settled, and the overestimation of the water cost is to be refunded to you。
Xx municipal water supply contract
The terms of the contract: in the event that the water table cannot be copied for reasons such as pressure, damage and liability of the water user, the water supply can be estimated on the basis of the maximum annual water use by the water user. If the water user is unable to resolve the problem of impeding the copying of the statement within three months, the current water cost is estimated on the basis of maximum flow of the water table and the overestimation of the water cost is not refunded。
Point observation: according to article 16 of the shandong property regulations, the equipment for operating specialized facilities such as water, electricity, gas, heating, etc. In small residential areas is owned by professional operators. Since surface wells, for example, belong to the water supply side, when the water table cannot be copied for reasons of pressure or damage, the water user is not liable, and the water supply side has no basis for estimating the maximum water consumption of b. If a copy cannot be copied for reasons on the b side, it can be estimated, but the final cost should be calculated, and the overestimation of water costs should not be refunded to the party suspected of increasing the liability of the water user。
09
Interpretation: if you leave, the travel agency must refund you the balance after deducting the necessary fees。
Name of contract: xx city tourism contracts for domestic groups
The terms of the contract: “if a separates during the journey, the group may terminate the contract. Tourists may not require the consortium to refund the travel expenses and should be liable for any financial loss caused to the group.”。
Point comment: tourists are separated from their journeys, amounting to a breach of contract during the journey, and pursuant to article 65 of the tourism act and article 97 of the contract act, before the end of the tour tour, the traveller's group shall refund the balance after the necessary fees have been deducted. This provision violates the relevant legal provisions, increases the burden on tourists and excludes their right to request the return of the remaining funds。
10
Read: traveling out, travel agents cannot change their travel schedule without reducing the number of attractions。
Name of contract: tourism contract, city of xx
The content of the terms of the contract: “without diminishing the site, the a (operator) retains the right to adjust the itinerary.”
Point comment: the tourism contract provides that the operator retains the right to adjust the itinerary without diminishing the attraction. According to the tourism law and the supreme people's court's regulation on certain issues of law applicable to the trial of tourism disputes, the itinerary is the main element of the tourism contract, including not only attractions, but also the time of stay, the time of transit, the place of passage and the time allocation, and the main right to exclude tourists if the operator is authorized to change the journey agreed upon by the parties。
If you meet the above format clause
Call 12345
