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One-thousandth of the liquidated damages are insignificant and promised that the delivery time is difficult to deliver ---
The renovated new house will wait for the furniture to fill in the blanks. The contract period has arrived, the shadows of the furniture have not been seen, the phone rushed over and over again, the store ran for a while, and finally the joy of moving into the new home was ruined.
The delay in the delivery of furniture has been delayed, and many people have experienced this kind of trouble. Even if some merchants promise to pay liquidated damages in the terms of the contract, the postponement will still appear from time to time, leaving consumers unprepared.
The reporter visited and found that in the home building materials market, delivery delays accounted for a considerable proportion of consumer complaint types.
Late furniture: 100 yuan of liquidated damages
Can't move: rents thousands of dollars more
Buying a house, decorating, buying furniture, and smelling for a month... Mr. Zhou, with the joy of home ownership, prepared for the cumbersome check-in, and planned well, but he was upset when buying furniture. On July 1st, it was the day when the furniture arrived, but it was told that it was out of stock and had to wait another month.
On June 1st, Mr. Zhou selected a Sherlock-style sofa (sofa decoration effect picture) from the Beijing Meijing Haoting Business Center of Oriental Home Furnishing Plaza (Yuquanying Store). The price was 4318 yuan, and the manufacturer was Foshan. Zhixin Furniture Co., Ltd.
Because of renting a house outside, Mr. Zhou paid the full amount, hoping to arrive early and move into a new home. At that time, the dealer promised to deliver the goods for one month. The contract signed by both parties shows that the seller delivered the agreed address on June 30, 2013, or made an appointment on June 30. In case of default, from the date of default, one-thousandth of the full amount of liquidated damages will be paid every day.
At the end of June, the dealer also contacted Mr. Zhou to confirm the delivery time. At that time, his house decoration was nearing completion. The date agreed by the two parties was July 1, but when he contacted the receipt on the same day, he was told that the goods were out of stock. It is expected that delivery will not be available until the end of this month.
“The original furniture and the new house are just drying at the same time. This delay, we have to rent a house for a month.†Mr. Zhou said that he told the manufacturer’s after-sales staff that the problem was: the manufacturer gave the dealer The ordering period is two months, but in order to retain the customer, the dealer will generally sign a one-month delivery contract according to the customer's wishes, and wait until the contract expires before negotiating.
Mr. Zhou also provided the reporter with a recording of the above call. He calculated an account: the dealer delivered a month late, the daily liquidated damages of 4 yuan, only one hundred yuan a month, but his personal loss is a monthly rent, thousands of dollars.
In this regard, Ms. Yuan, the dealer of the Beijing Meijing Haoting Business Center, admitted that she did not deliver the goods on time, but it was really out of stock to catch up with the manufacturers, so there was no way. If Mr. Zhou is willing to wait, the company will transfer the goods from elsewhere as soon as possible; if Mr. Zhou is unwilling to wait, the company can also return the goods.
Mr. Zhou’s situation is not a case. Ms. Ma, who works near Changhong Bridge, ordered a children's wooden bed from Jimei last month, worth more than 2,000 yuan. It was delivered on June 26th according to the agreement, but it has been more than a week since the bed has not come. The staff explained that a batch of furniture was stuck on the road due to heavy rain in the south.
Furniture delivery time is not uniform
The reporter visited and found that the furniture store's regulations on delivery time are not uniform. In the short period of 7 days, the length is 3 months, which is generally reflected in the contract.
The staff of Foshan Zhongzhixin Furniture Co., Ltd. said that the types and sizes of furniture are very rich, and the needs of customers are personalized. In this case, manufacturers usually reduce inventory to control costs, and then re-plan production plans. Moreover, it takes time for the furniture origin to be shipped to the destination, so the factory will be shipped from the dealer to the delivery, the longest is 90 days, even if there is inventory, it will take 20 days to Beijing.
Qumei Furniture came to the Guangying store sales staff to tell reporters that the furniture materials are different and the delivery cycle is different. In their store, the delivery period of sheet furniture is 12 days to 15 days, and the solid wood furniture takes 25 days to 40 days, because solid wood furniture takes time from material selection to processing.
Many furniture store sales staff have mentioned that if consumers want to buy furniture and do not delay things, consumers really have to spare time.
Liquidated damages limit delivery time without strength
If the delivery exceeds the contract period, will the furniture store be responsible? The replies given by several large stores are: the provisions for compensation in the contract.
The staff of the actual home said that the dealer will pay liquidated damages to the consumer for a delay of one day for each day of the payment; for more than 15 days, the consumer has the right to terminate the contract and may also be required to pay 30% of the paid price. Pay liquidated damages.
Qumei Home, Red Star Macalline, etc. also have relevant agreements. It is understood that the agreed amount of default payment is usually one-thousandth to three-thousandths of the payment from the customer. Qumei Home Sales said that if the customer has other requirements, additional terms can be added.
It is worth reminding that some merchants are more vague about this clause. At the experience hall of the home e-commerce Melaleuca brand located in Shilihe, when the reporter expressed concern about the delivery time, a male staff member sincerely assured that although the contract did not involve a breach of contract, they would promptly Follow up to track the source of supply. "Our such a large customer base relies on word of mouth marketing, so you can rest assured."
When Mr. Zhou encountered a delivery problem at the Beijing Meijing Haoting Business Center, when the reporter asked about the compensation clause in the contract, the staff said that “can’t guarantee anything†because customers usually understand and are willing to wait for a few days. Really want to pay liquidated damages, customers need to communicate with the manufacturers, but in fact, the reporter found that the contract is the business center.
When encountering solid wood furniture with a high purchase amount, some sellers will not mention the default in the contract. Consumers usually react afterwards and want to defend their rights.
If the public is anxious to stay, try to make an early reservation and communicate with the sales staff before delivery, and keep the contract evidence. At the same time, you can purchase in the store with zero delivery delay, because these stores have corresponding penalties for delays in delivery.
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