According to Miss Wu, at the end of 2010, she ordered a special mobile door of a certain brand at Dashanghui and signed an order contract with the merchant. The contract specifies specific information such as the frame specifications, color and price of the mobile door. The sales staff of the brand door industry also verbally promised to send someone to measure in a short time and promised to install it to Miss Wu as soon as possible after the measurement. After signing the order contract, in accordance with the requirements of the merchant, Miss Wu paid a deposit of 300 yuan on the spot.
A few days later, the merchant sent someone to Miss Wu's house to complete the field survey. But after waiting for half a month, Miss Wu was told that the mobile door was out of stock.
Miss Wu said that since the measurement, she has often asked the store whether the mobile door can be installed, but the store's attitude is very vague, always answering "it will be installed after it is done." After inquiring several times, the sales staff of the door industry told Miss Wu that the glass of the special price door was gone, and asked Miss Wu to choose another type of mobile door. "It was because the mobile door could not be installed that delayed the entire renovation period." Miss Wu said angrily, "If you tell me in advance, I can choose other brands. But they did not do so."
Miss Wu was very angry about the merchant's breach of contract. After learning that it was out of stock, Miss Wu immediately turned over the order contract at that time, hoping to be held accountable for the breach of contract. However, after carefully reading the contract, Miss Wu found that the contract not only did not specify the specific date of delivery, but also did not mention the merchant ’s liability for breach of contract. "When I signed the contract at that time, I didn't look carefully, and some terms were not carefully scrutinized." Miss Wu said.
Subsequently, Miss Wu took out the contract to the reporter. In terms of form, there is no difference between this contract and a general order contract. However, after careful reading, the reporter found that the contract did not fill in any date on the delivery date clause. This means that the merchant can deliver the goods to Miss Wu at any time without having to bear the responsibility for breach of contract.
At the same time, the liability for breach of contract specified in the contract is clearly beneficial to the merchant. Article 8 of the contract stipulates that: Contract A (Miss Wu) shall not reduce the item without reason. The liquidated damages shall be given to Party B (business). The two parties shall not break the contract unilaterally. If the contract is broken, the deposit will not be refunded. Miss Wu said: "When I saw this clause, I was dumbfounded. The contract was clear about my liability for breach of contract, but the merchant's liability for breach of contract was not mentioned."
Miss Wu, who originally wanted to hold a contract with the merchant to discuss an argument, finally had to accept the merchant's suggestion to choose another style of mobile door. "After this incident, the next time I sign a contract, I have to take a closer look. I can't eat this kind of" dumb loss "anymore." Miss Wu told reporters this way.
Industry insiders reminded consumers to read the contract carefully when signing the contract, and to clarify the liability for breach of contract and the specific date of delivery as much as possible. Only black and white letters are legally binding, and do n’t blindly believe the verbal promises of businesses.
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