Key Benefits:
(Adopted at the 12th ordinary meeting of the Government of the South Turkmen Republic of 23 July 2007, No. 121 of 30 July 2007 of the Order of the People's Government of the South-Kracy, which was issued as from 1 September 2007) Article 1, in order to regulate the terms of the contract format, prevent the misuse of the terms of the form of the contract and protect the legitimate rights and interests of consumers, develop this approach in line with the provisions of the People's Republic of China contract law, the Consumer Rights Protection Act of the People's Republic of China and relevant laws, regulations and regulations. Article 2 of this approach refers to the terms of the form of the contract (hereinafter referred to as a simplistic provision), which refers to the provision of the text of the contract (hereinafter referred to as a provider) for the purpose of repetitive use and which is not consulted with the consumer when entering into the contract. The contents of commercial advertisements, shops, notices, statements, notices, vouchers, vouchers and documents are in line with the requirements and provisions of the table. Article 3 provides in the present municipal administration with consumers who need to purchase, use commodities or receive services for the consumption of living in the form of a contract, as well as the supervision of the terms of the format by the administration and industry organizations. Article IV is responsible for monitoring the formulation and use of the terms of the format by the municipal, district and commercial administration. Other relevant administrative departments are guided by their respective responsibilities. Article 5 regulates and provides guidance for the formulation and use of the provisions of this industrial format, in accordance with the provisions of laws, regulations, regulations and statutes. Article 6 sets the principles of administrative oversight, public opinion monitoring and social oversight for the supervision of the provisions of the format. Article 7. The formulation and use of the form clause by the provider shall be guided by the principle of lawful, fair and genuine credit and shall not be used to undermine the legitimate rights and interests of consumers. Article 8 advocates for the use of the model text of the contract by the provider. The relevant administrative departments and industry organizations in the city may develop model contractual texts and should submit a model contract text for the municipal and commercial administration. The municipal business administration can develop or participate in the development of a model contract text. Article 9. Formal provisions contain exemptions or limitations on the content of the provider's own responsibility, and the provision should be brought to the consumer's attention by the provider when the contract is concluded, in a clear, understandable language or language and in accordance with the consumer's request. The shop shows, informs, declarations and needs to be known to be located in the business. Article 10 should be interpreted in the light of the general understanding of the terms of the format. More than two interpretations of the terms of the format should be interpreted in favour of the provider. Article 11 (i) Remove the responsibility of the provider to cause harm to the consumer; (ii) Remove the responsibility of the provider for loss of consumer property due to intentional or gross negligence; (iii) Remove the responsibility of the provider of the assurances to be assumed by the law or the responsibility to repair; (iv) Remove the responsibility of the provider to default which is to be assumed by law; (v) Default payments paid by consumers or damages exceeding reasonable amounts; (vi) Allow consumers to assume the operational risks that should be borne by the provider; (vii) Excluding the right of consumers to modify or terminate the contract by law; (viii) Excluding the right of consumers to request payment of default or damages; (ix) The right of consumers to exercise contractual interpretation; (x) Excluding the right of consumers to choose the solution of the contract dispute; (xi) Other exclusion from the provision of mutual responsibility, increased consumer responsibility and excludes the main rights of consumers. Article 12. The following contracts shall apply the form clause, with the exception of the use of the model contract text by the provider within 30 days of the commencement of the use of the text of the contract by the supplier: (i) The sale and sale of homes, the brokering of homes, the management of property, and the construction of residential dressing contracts; (ii) The sale, lease contract; (iii) For electricity, water, gas contracts; (iv) There are cable television, postal and communications services contracts; (v) Operational training, medical services contracts; (vi) Consumer loans and personal, property insurance contracts; (vii) Tourism, transport contracts; (viii) Athens, auction contracts; (ix) Cyclones, personalities and catering contracts. Article 13. The commercial administration sector's contractual text for the application of the required format clause should establish an open access system to provide socially free access. Article 14. Any unit and individual believe that the provisions of the format are in violation of the provisions of this approach, may be reported to the business administration. The business administration should investigate the contents of the report and respond to the reporters within 30 days of the date of receipt. Article 15 determines that the terms of the format are in violation of the provisions of this approach and that the business administration should make proposals in writing to the provider: (i) The business administration sector found in the contract text review; (ii) The business administration sector found in daily oversight inspections; (iii) Consumer associations are found to perform their functions; (iv) A unit or a person who reports; (v) Other ways are found. The provider shall modify the terms of the format within 30 days of the receipt of the written amendments and resubmission the revised text of the contract within 10 days of the modification. Article 16 makes a difference in the proposed changes made by the business administration sector, which may be presented in writing to the business administration within the time frame for the amendment, and the business administration shall be provided in writing within 15 days from the date of receipt of the written statement. Responses to the written statement were still proposed as amendments, and the provision should be modified within 15 days from the date of receipt of the written replies. Article 17 provides that the supplier does not modify the terms of the form in accordance with the modifications proposed by the business administration within the prescribed time frame, and the business administration sector should pay consumer attention in due course. Article 18, in violation of the present approach, requires that the text of the contract for the presentation of the application of the form clause is not submitted or that it does not reproduce the request in accordance with the modifications made in the business administration sector, which is due to the period of time being transferred by the business administration sector; and that more than 5,000 yen is less than 50000 dollars overdue. Article 19 provides that the provision of the form is used to undermine the legitimate rights and interests of the consumer and shall be subject to civil responsibility by law. The text of the contract for the application of the terms of the format in the case does not preclude the provision of civil responsibility that the provider should assume under the law for the purposes of the form. Article 20 Staff in the business administration sector and other relevant administrations are subject to administrative disposition by law when exercising their functions under the supervision of the terms of the format, which constitutes an offence and is criminally liable by law: (i) No oversight of the functions in accordance with the provisions of the format; (ii) The provision of non-reimbursable access services in accordance with the provisions; (iii) Use of office facilities for requests or receipt of the source; (iv) Abuse of authority against the legitimate rights and interests of the provider or the consumer; (v) Violations of administrative penalties; (vi) Other abuses of authority, omissions, provocative fraud. Article 21 Article 12 of this approach provides for the use of the form clause, which has been used and will continue to be used prior to the operation of this scheme, and the provider shall submit the text of the contract to the business administration sector within 90 days of the date of operation. |
