Key Benefits:
(Adopted by Decree No. 254 of 29 December 2006 on the People's Government of South Kyoto, which came into force on 1 April 2007) Article 1, in order to regulate the terms of the format in the contract, to prevent the misappropriation of the terms of the format and to protect the legitimate rights and interests of the parties, to develop this approach in the light of the provisions of the Law on Contracting of the People's Republic of China, the law on the supervision of the contract in the province. Article II provides that the terms of the contract form are pre-drafted by the provider of the text of the contract in order to duplicate the use and that they are not consulted with the counterpart when the contract is concluded. The content of commercial advertisements, notices, statements, hotel statements, vouchers, vouchers and vouchers is consistent with the provisions of the contract format. Article 3 applies to the formulation and use of the terms of the form of the contract by the provider within the present municipal administration. Article IV oversees the supervision of the provisions of the market-wide contract format in the municipality's business administration. Regions, districts and the business administration sector are specifically responsible for the supervision of the terms of the form of contracts within the jurisdiction. The relevant administrative authorities should be guided by the terms of the contract format in accordance with their respective responsibilities. Industrial organizations should regulate and guide the formulation and use of contractual format provisions in the industry, in accordance with the provisions of laws, regulations and regulations. Article 5. The municipal and business administration sector may develop or work with other relevant industry authorities and industry organizations to develop model contractual texts. The business administration sector and other relevant industry authorities, industry organizations should be able to carry out the contract model text. The provision of the form of the contract is advocated for the provision of the provision by the provider in the light of the model text of the relevant industry contract. Article 6 provides that the terms of the form of the contract shall be formulated and used by the provider in accordance with the principles of legality, equity, equality and voluntaryness and shall not be used to undermine the legitimate rights and interests of the parties. Article 7. The terms of the form of the contract contain waivers or limitations on the sole responsibility of the provider, the extension of the author's rights, the increased responsibility of the other party or the exclusion of the content of the rights of the other party, and the provision should be made in a clear and clear language in the text of the contract, the introduction of a notice and the interpretation of the provision by the parties prior to the conclusion of the contract. Notices, declarations, hotel notes should be put in awakening place in the workplace. Article 8 (i) Responsibility for inflicting bodily harm on the other; (ii) Responsibility for loss of property on the other side by reason of intentional or gross negligence; (iii) Responsibilities or responsibility for the provision of commodities or services; (iv) Other responsibilities to be assumed by law. Article 9 (i) The right of the provider to carry out the contract with arbitrary changes, removal, suspension and termination; (ii) The provision of the contract shall continue to be performed by the supplier when the product or services provided by the provider are not reasonably higher; (iii) The right of suppliers to interpret contracts; (iv) Other elements that violate the law, legislation and regulations that expand the rights of the provider. Article 10 (i) The payment of a breach or damages to the other party exceeds the reasonable amount; (ii) The responsibility of the parties for the risk to be borne by the provider; (iii) Other elements that violate the law, legislation and regulations that exacerbate the responsibility of others. Article 11 (i) The right to change, withdraw or terminate the contract by law; (ii) The right to suspend or reject the performance of the contract by law; (iii) The right to request payment of default or damages; (iv) The right to initiate arbitration or proceedings on contractual disputes; (v) Other rights under the law. Article 12: The following contract shall apply the form clause, and the provider shall submit the text of the contract to the business administration sector within 30 days of the date of the use of the contract: (i) For electricity, water, gas, heat contracts; (ii) Public, cable television, postal and communications services contracts; (iii) The sale of homes and the sale of housing brokering contracts; (iv) Consumer loans and personal, property insurance contracts; (v) auctions, classic contracts; (vi) Travel services contracts; (vii) The contract for the sale of vehicles; (viii) Industrial management, dressing contracts; (ix) Operational training, medical services contracts; (x) Transport contracts; (xi) Other contracts involving the interests of citizens, legal persons. The provider uses the model text of the contract without merit. Article 13. The business administration sector has been reviewed in a case-by-case manner to find that the terms of the form of the contract are in violation of the provisions of this approach and shall provide the provider with written amendments within 20 days of receipt of the material. The provider shall modify the terms of the form of the contract within 20 days of the date of receipt of the modified opinion. The provider's objection to the amendment may, within 10 days of the date of receipt of the amendment, make a statement in writing to the business administration or a request for hearing. The provider's presentation was justified, and the business administration should have written responses within 30 days of the date of the presentation; a hearing was requested, and the business administration should organize hearings within 30 days of the receipt of the request. Article XIV organizes hearings by the business administration sector, which shall be preceded by a hearing of 7 days, the date of the hearing, the notice of the location and other interested parties. When the business administration organizes hearings, participation may be invited to the relevant executive authorities, industry organizations, expert scholars and consumer representatives. The business administration sector should make a decision to modify the terms of the contract format within 15 days of the hearing. Article 15. The business administration has found that the terms of the form of the contract should be modified by the presentation of the defence or hearing, and the provision of the form of the contract shall be modified by the provider within 20 days of receipt of written replies from the business administration or the date of the hearing decision. Article 16 provides for changes in the content of the contract form that has been submitted, and the provider shall resubmit the revised contract text to the business administration sector, in accordance with the provisions of the scheme. Article 17 provides in the form of contracts that have been submitted, and the business administration should establish an open access system to provide socially free access. Any unit and individual consider that the terms of the contract form violate the provisions of this scheme 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 the report. Article 19 provides that the terms of the form of the contract are not submitted in accordance with this approach, which is modified by the time limit of liability for the business administration sector, and that the delay is not reproduced by a fine of more than 5,000 dollars. Article 20 provides that the provision is not recommended by the business administration or decides to modify the terms of the form of the contract, with a fine of more than 1,000 dollars for the business administration. Article 21 Staff in the business administration sector oversee the management of the terms of the contract format, in one of the following cases, are administratively disposed of by their units or their superior organs; Compensation for the management of the relative person's economic losses in accordance with the relevant national provisions: (i) Failure to perform the regulatory functions of the terms of the contract format; (ii) Use of office facilities for requests or receipt of the source; (iii) Violations of administrative penalties; (iv) Abuse of authority against the legitimate rights and interests of the provider or the other party; (v) Other acts that should be taken in accordance with the law. Article 2 The contract that had already been used before the application of the scheme should be submitted by the provider to the business administration sector within 90 days of the date of operation of the scheme. |
