Saturday, December 18, 2010

【 Weak current College 】 decoration contract have rough: eat yabakui


Mr. Xu in March this year in the East of the city to buy a stock room, the room keys after friends, same home decoration companies signed a contract for 10 million renovation. Contract with contractor Pack material, including material for 6.5 million construction 3.5 million renovation period is 2 months. Agency, decoration companies will repair material inventories, including the name and price in a contract later that never come in contact with Mr. Xu of the decoration was assured.

The renovation process, Mr. Xu came across his house with wood floors, list marked as 260 Yuan/square meters, same brand, same specifications for wood floor in the building materials supermarket 160 can deal. Only this one, he will pay nearly $ 4000. He is on the list of all goods to investigate and found out that market prices are 15%-30%, which means that he is in the decoration of many spent nearly 2 million.

Mr. Xu decoration reasoning found, decoration companies to purchase channels not as the runaround. He wants to change the contract, make their own purchase surplus material, is also known renovation denied. To this end, the decoration is finished, Mr. Xu decoration company refused to pay the final fee 1.6 million. No more with his decoration company, the terms of payment, it will just after him to court. After examining the Court finds that the two sides after the contract is valid, the procedure to Mr. Xu failed.

He ate the deficit, but also lost the lawsuit, Mr. Xu, he wondered to contract on the grounds of fraud, in turn, the decoration companies onto the Court, the request to refund the difference, and as compensation. However, in the courtroom, decoration companies provides all procurement material consistent with the invoice price and trading volume and contract nor materials prices to market-based provisions. Therefore, the Court ultimately finds decoration companies contract fraud reasons, dismissed the claim Mr. Xu.

To this end, the legal expert, Mr. Xu, in signing the contract if the contract attachment materials list indicating the "of commodity prices should be based on the current market as", or in the contract before the market price for them to understand, be aware that won't eat yabakui.

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