Tuesday, December 7, 2010

Note: the "deposit" and "deposit" is a word of the value of gold

Recently, Mr. Chen will sign with a decoration contract, the "deposit" deposit "written", and later as a result of the decoration and design are not satisfied with the refund the deposit, but because the difference between a word which deposit couldn't be 3000 element back in.

Mr. CHAN, a home improvement company decoration House, prepaid $ 3000, and wrote a piece of the deposit.

After they don't like the decoration style, he replaced the decoration company, want to claim the deposit to the company, but was refused. Mr. Chan said that at the time the merchant that design is not satisfied you can refund your money, but they did not give traders lose little, should refund your money. But the home company insists that consumers unilateral breach of contract, a deposit is not refundable.

According to the guarantee of the relevant provisions of the Act, the parties may agree on a direction of the other payment deposit as guarantee of the debt.

Debtor discharge of debts, the deposit should be made of the price or on arrival. Pay a deposit of one party does not fulfil the contract, the right to claim return of the deposit. Therefore, consumers in its non-fulfilment of contractual obligations, cannot require operators to return the deposit.

In addition, the "deposit" and "deposit" is a Word, the legal consequences are quite different.

The deposit is a term used in law is not clear, is not normative, and pay a deposit of a party the right to claim the deposit, the people's Court does not support. Experts advise consumers pay attention: some operators in the contract, deliberately set a trap, both confusion. To avoid such disputes and unnecessary losses, consumers buy commodities needed to deliver a certain amount of deposit, and operators of the best has signed a contract in writing agreed. At the same time, we should carefully check the contract is the "deposit" or "deposit".

No comments:

Post a Comment