Zhejiang Online April 28th (Reporter Li Xinyi)Recently, Ms. Yang, who lives in Xihu District of Hangzhou, went online to Zhejiang."line explosion"The column broke the news, indicating that she had encountered a headache during the renovation. When the customized cabinet was installed, it could not be embedded because of its large size. However, due to the payment of the final payment to the home furnishing company in advance, the merchant said that she was irresponsible and unwilling to negotiate. Ms. Yang felt very helpless.
Pay the final payment before loading the cabinet.
Who will be responsible for the problem?
Ms. Yang told Zhejiang Online reporter that in February this year, she signed a home customization order contract with Wuyuan Mubinsen Furniture Factory (Hangzhou Store), entrusting the company to produce and process "panel customized cabinets". It includes services such as door-to-door measurement, custom-made cabinets, and door-to-door installation. Both parties agreed that the total price of customized cabinets was 16,500 yuan. Ms. Yang paid 13,400 yuan to Wuyuan Mubinsen Furniture Factory (Hangzhou Store) in advance, and the remaining 3,100 yuan was to be paid after the goods arrived.
Home Custom Ordering Contract Photo courtesy of Ms. Yang
Home Custom Ordering Contract Photo courtesy of Ms. Yang
However, after the customization of the cabinet was completed, the merchant asked Ms. Yang to pay the final payment first, and then go to the door for delivery and installation. "At that time, I felt that this was the overlord clause, and the goods had not yet arrived for installation. How can I collect the final payment in advance?" Hearing this request from the other party, Ms. Yang kept drumming in her heart, but she still had no choice but to pay the final payment.
"I didn’t expect that there was a problem during the installation. One of the customized bookcases was too large, which made it impossible to install it in the corresponding area. This also means that this bookcase is invalid, and it is necessary to spend money to customize a small bookcase. " Ms. Yang said.
Layout of cabinets in the house Photo courtesy of Ms. Yang
Why is the size of the customized bookcase too large? Ms. Yang explained: "At that time, when the cabinet company came to measure the size, it did not measure all the data. One of the size data was measured by the designer (another company) who asked me to do the decoration design. As a result, the designer was not professional enough in this respect, and the measurement was wrong. Afterwards, the cabinet company did not personally check the size, but simply listened to others’ reports. "
"The cabinet company said that it was not their responsibility and asked me to spend money again to order new bookcases." Ms. Yang said that she was very upset. "This is all because the final payment has been paid in advance, and they began to shirk after they took the money."
"It is unreasonable to pay the final payment in advance"
Industry insiders give defense.“Step on the thunder "prompt.
In the WeChat group established by the cabinet company, Zhejiang online reporters saw that they thought the problem was the decoration designer (another company) who helped to measure the data, insisting that the designer reported the wrong size, which led to the large size of the cabinet they made.
So who is responsible for the mistake? In this regard, Zhejiang online reporter consulted He Meili, a lawyer of Hangzhou Kuangzhen Law Firm. "First of all, in the early stage, the cabinet merchants did not actually measure the size, but only listened to others’ reports. This is the responsibility of the implementer (merchant), and the customer does not need to bear the responsibility." He Meili said.
In addition, in response to the problem of paying the final payment in advance, Zhejiang online reporter contacted the company, and the relevant staff said: "It is our company’s long-standing rule to pay the final payment before installation."
He Meili analyzed that according to the contract signed by Ms. Yang and the company, both parties agreed to pay the final payment after the goods arrived. However, in the actual process, the cabinet company asked the lady to pay the final payment before receiving the goods on the grounds of "company regulations", which is unreasonable. According to the relevant provisions of the Civil Code, the renovation contract signed by both parties through equal and voluntary consultation has legal effect, but the "company regulations" of the company’s staff have no legal effect.
At the same time, she also reminded that when signing this kind of contract, it is best to write these important details such as the time of paying the final payment, the delivery time, the handling fee of the high floor, and the liability for breach of contract into the contract, so as to remind the merchants to perform their duties, and to leave strong evidence of rights protection.
"In the decoration industry, there is usually a certain degree of advance payment requirements for purchasing materials and paying workers’ services. However, it is not a reasonable practice for merchants to ask for payment in advance. The final payment should usually be settled after the completion of the project, so that the customer can ensure that the quality of the project meets the contract and the customer’s expectations. If the merchant forces the payment of the final payment in advance, the customer may lose the opportunity to check the quality and details of the project, resulting in related problems not being solved in time. " He Meili said frankly.
In addition, Zhejiang online reporters also reported this problem to Zhejiang Consumer Protection Committee through the telephone complaints of Zhejiang consumers. Zhejiang Consumer Protection Committee reminds consumers: First, when choosing a home improvement company, we should shop around and try to choose a company with good reputation; Second, we must sign a contract, clearly stipulate important matters (such as the payment of the final payment), write verbal commitments into the contract, and clarify the liability for breach of contract; The third is to consult more professionals to understand the process and key links of home improvement, so as to prevent being missed or misled.