Contract Format Terms Of Nanchang City Monitoring

Original Language Title: 南昌市合同格式条款监督办法

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(July 23, 2007, Nanchang city people's Government of the 12th Executive Meeting July 30, 2007 121th Nanchang city people's Government promulgated as of September 1, 2007) first in order to standardize the contract format terms, prevent abuse contract format terms to obtain illegitimate interests, protect the lawful rights and interests of consumers, in accordance with the People's Republic of China Law of contract and the People's Republic of China Consumer Protection Act and the provisions of relevant laws and regulations, combined with the practical,
    These measures are formulated.
    Second contract format terms mentioned herein (hereinafter referred to as the format clause) refers to text to provide Parties to the contract (hereinafter provider) in order to reuse the prepared in advance and at the time of conclusion of the contract are not terms in consultation with consumers.
    Business advertisements, shop signs, notices, announcements, notes, certificates, documents and other content in accordance with the offer and the provisions of the preceding paragraph, as standard terms.
    Article III provided within the administrative area of the city and consumer needs for life buying and using goods or accepting the consumer at the time of conclusion of the contract with standard terms of service, as well as relevant administrative departments and industry organizations to supervise the standard terms, these measures shall apply.
    Fourth city, County (district) Administration for industry and commerce is responsible for supervising the development and use of standard clauses.
    Other relevant administrative departments according to their respective responsibilities, oversight of the standard terms.
    Article fifth trade-related organizations in accordance with the laws, rules, regulations and the articles of Association, the industry regulates the development and use of standard terms and instructions.
    Sixth form provision supervision and administrative supervision, the principle of combining news and public opinion supervision and social supervision.
    Article seventh party to develop and use standard terms should follow the legitimacy, fairness and the principle of good faith, not to use standard terms prejudice the legitimate interests of consumers.
    Article eighth advocacy providers use contract demonstration text.
    Relevant administrative departments, industry organizations, the city can develop contract demonstration text and develop contract demonstration text should be submitted to the municipal industry and commerce administration departments for the record.
    Municipal administration for industry and commerce to develop or participate in making the contract demonstration text.
    Nineth format clause containing the exclusion or limitation of the responsibility of the provider, provider shall at the time of conclusion of the contract, in a clear, clear text or language draws the consumer's attention, and as requested by the consumer, on the terms indicated.
    Shop notices, notices, statements, instructions should be located in premises prominently. Tenth of a standard term, such dispute shall be interpreted in accordance with the usual understanding.
    There are two kinds of format clauses defined above, is not conducive to providing explanations should be made.
    11th article format terms shall not contains following content: (a) from provides party caused consumers personal hurt of responsibility; (ii) from provides party for deliberately or major fault caused consumers property loss of responsibility; (three) from provides party law should bear of guarantee responsibility or warranty responsibility; (four) from provides party law should bear of default responsibility; (five) let consumers bear of penalty or damage compensation gold over reasonable amounts; (six) let consumers bear should by provides party bear of business risk;
    (G) exclusion of consumers in accordance with the right to change or terminate the contract; (h) exclude consumer's right to request payment of liquidated damages or damages, (IX) exclude the right of consumers to exercise the right of contract interpretation, (10) exclusion of consumers right to choose a contract dispute resolution approaches and (11) other exempt from responsibility of the provider, the consumer liability and denies the rights of consumers.
    12th article following contract used format terms of, provides party should in contract text began using of day up 30th within will contract text reported location County (district) business administration sector record, provides party using contract model text of except: (a) housing sale, and housing intermediary, and property management, and residential decorative decoration contract; (two car sale, and rental contract; (three) for electricity, and water, and gas contract; (four) wired TV, and post, and communications service contract; (five) business sex training, and medical service contract;
    (F) loan and personal and property insurance contract; (VII) tourism, transportation and (h) the pawn, auction contracts (nine) beauty, fitness, food and beverage services contract.
    13th administrative departments for industry and commerce has been recorded using standard terms of contract shall establish a publicly accessible system, providing free access to the social services.
    14th no units and individuals believe that a standard clause in violation of this regulation, to report to the Administrative Department for industry and commerce.
    Industrial and commercial administrative departments to investigate the reported content, and from the date of receipt of the report will deal with situations within the 30th reply to informer.
    15th article through following way found format terms violation this approach provides of, business administration sector should to provides party written proposed modified recommends: (a) business administration sector in contract text record review in the found of; (ii) business administration sector in daily supervision check in the found of; (three) Consumers Association in perform functions Shi found of; (four) units or personal reported found of; (five) other way found of.
    Provider shall, from the date of receipt of the written proposals to modify the standard terms in the 30th and in the 10th after modifying the modified contract text re-reported to the industrial and commercial administration departments for the record. Article 16th party disagrees with the proposed amendments to the Administrative Department for industry and commerce, can be modified within the period written statement and averment to the industrial and commercial administrative departments, industrial and commercial administrative departments shall, from the date of receipt of the written statement and averment in the 15th provided in the written replies.
    Reply to recommendation changes to the written statement and averment, provider shall, from the date of receipt of the written replies to modify the standard terms in the 15th.
    17th provider within the period specified in article does not follow the recommendation of amendments to the Administrative Department for industry and commerce to modify standard terms, industrial and commercial administrative departments shall draw the consumer's attention in an appropriate manner.
    18th article violates these rules, you need to submit for the record the use of standard terms of contract not submit record or according to changes proposed by the Administrative Department for industry and Commerce amendments not submitted for the record again, the industrial and commercial administrative authority shall order correction within; it fails, fined a maximum of between 5000 and 1000 Yuan.
    19th providers use standard terms of harming the legitimate rights and interests of consumers, it shall bear civil liability.
    By using standard terms of contract of record, does not exclude providers standard terms prejudice the legitimate interests of consumers shall bear civil liabilities according to law.
    20th article business administration sector and other about administration sector of staff in exercise format terms supervision duties Shi, has following behavior one of of, law give administrative sanctions; constitute crime of, law held criminal: (a) not according to provides perform format terms supervision duties of; (ii) not according to provides provides free check out service of; (three) using positions convenience obtained or received provides party property of; (four) abuse against provides party or consumers lawful rights and interests of of;
    (E) violation of regulations, the implementation of administrative punishments, and (vi) other acts of abuse of authority, dereliction of duty or engages in.
    21st article this way come into force on September 1, 2007.
                                                                                                                          22nd article this way to 12th standard terms of contract provided for in article text, before the implementation of these measures has been used and continues to use, provider shall, within 90 days from the date of implementation of this approach will contract administration for industry and Commerce Department.