Overlord clause of decoration contract and Counter

2022-07-22
  • Detail

Decoration involves many matters, and consumers who do not know the market are likely to encounter overlord terms when signing contracts. Experts summarized the common overlord clauses in the decoration contract to help you avoid risks

◆ the warranty period has shrunk

in some contracts, the warranty period is not clear or is generally written as one or two years of warranty

according to national regulations, the minimum warranty period for residential interior decoration works is two years, and five years for kitchens, toilets and exterior walls with waterproof requirements. If the warranty period is not specified or the warranty period is shortened, consumers should propose and negotiate changes

◆ avoid warranty liability

some decoration companies unilaterally stipulate that consumers will lose their qualification for free warranty if they fail to settle the project payment within how many days

according to the regulations, if the decoration party fails to receive the project payment within the specified time, it can protect its rights through legal means, and the unilateral provision of no free warranty has no legal effect. It is recommended that consumers negotiate with the decoration contractor before signing the contract and write down the relevant matters

◆ transfer tax obligations

some contracts stipulate that if consumers ask for invoices, they must bear the tax

consumers have the right to ask for invoices, and they also advocate using invoices as a basis for safeguarding their rights. The tax generated by the invoice is the obligation of the enterprise, and the construction party formulating the above contract terms is suspected of intentional tax evasion

◆ add additional clauses

the contract stipulates that if consumers reduce construction projects during construction, they need to pay the project reduction fee, or stipulate that the construction party has the right to use the house during construction

if the consumer requires to reduce the construction items during the construction, the reduction fee should be charged according to the actual situation (the labor paid by the construction party), and these rules should be negotiated before signing the contract. During the construction, the construction party only has the right to construct the house, without the right to use the house

◆ the construction period is not clear

in some non-standard contracts, the construction period is not clear, nor is it clear how the construction period is calculated

the construction period is negotiated by both parties, generally 60 days. The construction period is generally calculated by working days. If the construction period needs to be changed under special circumstances, it must be negotiated by both parties, and it must be stated whether the construction period is calculated by working days or calendar days

◆ the terms of the advance payment for the construction period are unknown

some contracts stipulate that a part of the advance payment for the construction shall be paid before the commencement of the construction, the second part shall be paid during the construction progress, and the balance shall be paid after the completion and acceptance of the construction. There is no exact definition during the construction here, and consumers are more passive in case of disputes

these contract terms should not only be signed according to the model, but also indicate the specific stage of construction progress

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