Key Benefits:
(Adopted at the 71st ordinary meeting of the People's Government of Sus State, held on 31 March 2007, No. 97 of the Order No. 97 of the People's Government of the State of Sus State of 31 March 2007 (Act of 1 July 2007) Article I, in order to regulate the terms of the form of contracts, prevent the abuse of the terms of the form of a manner that undermines the legitimate rights and interests of consumers, promote the integrity of the operator, reduce contractual disputes and preserves the legitimate rights and interests of both parties, and develop this approach in the light of the provisions of the contract law of the People's Republic of China, the Consumer Rights Protection Act of the People's Republic of China, the contract supervision approach in the province. Article 2 of this approach refers to the terms of the form of the contract that the operator prepares in advance for the purpose of repetitive use and does not consult with the consumer when entering into a contract. The system applicable to consumers or provisions, commercial advertisements, notices, declarations, notices, statements, statements, statements, notes, hotel statements, vouchers, documents, Internet pages, etc., are subject to conditions and in accordance with the preceding paragraph and are considered as terms of the form of the contract. Article 3. In this city's administrative region, the businesser enters into the form of a contract with the consumer that purchases, uses a commodity or receives services for the consumption of living. Article IV. The business administration sector is responsible for overseeing the terms of the contract format and dealing with the offence of using the terms of the contract to undermine the legitimate rights of consumers. In accordance with their respective responsibilities, the administrative authorities are able to monitor the terms of the form of the contract and deal in a timely manner with violations that undermine the legitimate rights of consumers. Industry organizations guide the formulation and use of the terms of the contract format in this industry and assist the business administration and the relevant administrative authorities in monitoring the terms of the contract format. Article 5 When the operator develops or submits the terms of the form of the contract to the consumer, the principle of fair, good credit should be guided by the principle of non-use of its advantage, making unfair and unreasonable provisions for consumers. The terms of the contract form contain elements that may be exempted or restricted to the responsibilities of the operator by law, and the operators should communicate to the consumer in a reasonable manner and make clarifications as required by the consumer. Consumer systems or regulations, notices, declarations, shops, etc. should also be located at awakening place in the operation. The following contract contains the terms of the form, and the operator shall, within 10 days of the date of the use of the contract, submit the text of the contract to the commercial administration for which the licence of the operation is issued, except as provided in article 2, paragraph 2, of the present approach, as the terms of the form of the contract: (i) The sale of homes, rental contracts, home dressing contracts; (ii) Property management contracts; (iii) Tourism contracts; (iv) Transport contracts; (v) For electricity, water, gas, heat contracts; (vi) Postal, communications, cable television contracts; (vii) Consumer loans, credit consumption and personal, property insurance contracts; (viii) brokering contracts; (ix) The Government of the city provides for other contracts containing the terms of the form. The operators have adopted the uniform formulation and application of the contract text by their superior departments, units or industry organizations, and their superiors, units or industry organizations have been backed into the business administration sector and the operators are no longer repetitive, except for amendments to the contract text. Article 7 Changes in the form in the written contract text shall be submitted by the operator within 10 days of the change in the contract form to the post-removal version of the contract. Article 8. The business administration sector should conduct a daily review of the terms of the contract in the case in a manner that combines the regular synthesis. The business administration sector is responsible for the daily review of the terms of the contract format. A comprehensive evaluation committee consisting of departments and organizations such as the administration of business, the rule of law of the Government, the judiciary, arbitration, the CNRA, the industry associations, and the relevant groups, conducts regular and comprehensive review of the terms of the industrial contracts, the existence of major disputes and doubts, and the contract format of social focus. Article 9. The business administration sector should establish an open access system for the catalogue of the contractual text reviewed through the reserve. Article 10 (i) Exempt or partial exemption from the legal responsibility of the operator to cause consumer death or injury or to reduce the statutory period of assurance of the product; (ii) Removal or partial exemption from the liability that the operator should assume because of intentional or fault resulting in the loss of consumer property; (iii) Exempt the basic contractual obligation that the operator should assume; (iv) Removal or partial exemption from the responsibility of the operator for the repair, replacement and repayment of the commodities or services it should have; (v) To exclude or limit the right of consumers to modify or terminate the contract by law; (vi) Limit the right of consumers to initiate proceedings on contractual disputes or to apply for arbitration; (vii) Provide that the consumer assumes responsibility for operating risks that should be borne by the operator; (viii) Provide that consumers do not enjoy the right to seek compensation for damage to the goods or services provided by the operator; (ix) Provide the owner with the right to interpret the contract; (x) Other content containing the exemption or limitation of the responsibility of the operator, the extension of the right of the operator, the increased consumer responsibility or the exclusion of the main consumer rights; (xi) Other elements that violate the provisions of the law, the law and the law. Article 11. Civil, legal or other organizations have found that the terms of the form of contracts are in violation of the provisions of this approach and may be reported to the business administration or the relevant administrative authorities. Article 12 Consumers consider that the terms of the form of the contract undermine their legitimate rights and may apply to the business administration, the CNPR complaints or complaints, or to arbitration bodies or to the People's Court. Article 13 of the People's Court found that the terms of the form of the contract were contrary to the provisions of the law, the law was mandatory, and judicial recommendations could be made to the business administration or the relevant administrative authorities. In the case of arbitration or in the case of the CNMC, the arbitration body found that the terms of the form of the contract were in violation of the law, the provisions of the law and the mandatory provisions of the law, may make recommendations to the business administration or the relevant administrative authorities. Article 14. The business administration has found that the terms of the form of the contract are in violation of article 10 of the scheme and shall notify the operator in writing of the changes. The operators should make changes within 15 days of the date of receipt of the revised notice and reproduce the case files. The operator contests the modification of the notice and should present a written plea to the business administration on 7 days from the date of receipt of the revised notice and may request a hearing. Article 15. The business administration sector shall provide written replies within 15 days of the date on which the operator has presented the defence. The operators requested hearing, and the commercial administration could organize hearings on the contractual text that fell within the scope of the provision of the scheme. Article 16, when the business administration organizes hearings, representatives may be invited to the relevant executive authorities, WCL, industry organizations, expert scholars, legal practitioners and consumers. The business administration should provide written replies within 7 days of the end of the hearings. The response of the business administration to the argument of the operator and the responses to the closure of the hearings still require the operators to modify the terms of the form of the contract, which should be amended within 15 days of the date of the receipt of the reply. Article 18 Operators refused to modify the terms of the form of contracts required by the business administration within the prescribed time period, and the business administration could inform the society through the media of the terms of the contract in violation of the law, regulations and the approach. Article 19 (i) An on-site inspection of the operators' premises; (ii) Access and reproduction of relevant information; (iii) Other measures provided by law, administrative regulations. Article 20, the executive authorities and their staff performing the functions of the management of the form contract, as well as the units and individuals involved in the review of the terms of the format, the hearings, shall be confidential to the commercial secrets of the operator involved. Article 21, in violation of article 6 and Article 7 of this approach, stipulates that the operator has not been able to file a case with the business administration within the prescribed time frame, which is being converted by the business administration sector, and that the period of time has not been changed by a fine of more than 1,000 dollars. In violation of article 10 of this approach, the operator will be used in the form of a contract containing the contents of a licence, which is being redirected by the business administration and is liable to a fine of more than 5,000 dollars. Article 23. Administrative law enforcement officers in the business administration sector and related administrative authorities have one of the following conditions in the supervision of the contract form: (i) Non-performance of statutory responsibilities against the legitimate rights and interests of the operators and consumers; (ii) In violation of legal, administrative and regulatory provisions for administrative enforcement measures; (iii) Use of office facilities to request or receive the property of the operator; (iv) The imposition of penalties or the private handling of fines; (v) Other acts that should be taken in accordance with the law. Article 24. Farmers purchase production information directly for agricultural production, the sale of sub-products and the operator's terms of the form of contracts and the terms of the form of the contract between the operators. Article 25 This approach stipulates that the text of the contract to be submitted should be made available prior to the operation of the scheme, and that the operator should submit a business administration case within 60 days of the date of operation. |
