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Customized furniture delay in delivery of liquidated damages
China Consumer News Report (Reporter Liu Wenxin) Recently, Ms. Gao, a consumer in Chongqing, reported that she booked a total of 200,000 yuan of goods from Ouyanate Wood Co., Ltd. in a home store in Chongqing in May 2014, March 2016. A written contract is signed, and the delivery date and the method of calculating the liquidated damages are agreed. The supplier was unable to deliver the goods on time due to the break of the capital chain. Ms. Gao’s calculated liquidated damages amounted to more than 140,000 yuan, while the store said she only assumed a liquidated damages of 24,000 yuan.
Ms. Gao told the China Consumer News reporter that on May 3, 2014, she was in the store of “Ouya Nat Wood Co., Ltd.â€, a home store in Chongqing, looking at its cabinets, retaining walls, wooden doors, stairs, etc. For the household products, a deposit of 3,000 yuan was paid to the store. On March 6, 2016, a written contract was signed with the store, and the contract amount was 200,000 yuan. On March 13 of the same year, Ms. Gao paid 87,000 yuan to the store and 30,000 yuan on March 19. Previously, on May 19, 2015, Ms. Gao transferred 10,000 yuan to the personal account of Zhou Yu, the general manager of Oyanatech Wood Co., Ltd. through mobile online banking. On January 31, 2016, she transferred another 70,000 yuan to Zhouke’s personal account. .
Ms. Gao said that according to the contract, all goods should be delivered and installed within two months, that is, May 13, 2016, but she did not receive the delivery notice after the scheduled time. After Ms. Gao repeatedly urged, the retaining wall was delivered on September 30, 2016. The wooden door was delivered on October 24, 2016. The cabinet was delivered on March 20 this year. The stairs were delivered on June 10 this year. .
The contract stipulates that if the supplier fails to deliver the goods late, the purchaser may require the supplier to pay liquidated damages. The calculation method of liquidated damages is: 3‰ of the total price of overdue goods × days of overdue. Ms. Gao calculated the liquidated damages to the reporter one by one: the wall was delivered on September 30, 2016, overdue for 137 days, the liquidated damages were 36620 yuan × 3‰ × 137 days = 15051 yuan; wooden doors delivered on October 24, 2016 Overdue for 161 days, the liquidated damages were 87,050 yuan × 3 ‰ × 161 days = 42,045 yuan; the cabinet was delivered on March 20, 2017, overdue for 341 days, and the liquidated damages were 30003 yuan × 3 ‰ × 341 days = 30,693 yuan; The stairs were delivered on June 10, 2017. Overdue for 423 days, the liquidated damages were 46330×3‰×423 days=58792 yuan, and a total penalty of 146,581 yuan was payable.
Ms. Gao said that due to the failure to install the household products on time, the renovation of her new home was seriously delayed and caused considerable economic losses. Ms. Gao has repeatedly negotiated compensation with the store, but the store only admitted compensation of 24,000 yuan in damages. The basis is that Ms. Gao paid the car to the store for 120,000 yuan, and the company paid 20%. Another 80,000 yuan payment due to Ms. Gao entered the supplier's personal account, the store does not bear the liability for breach of contract.
Ms. Gao believes that this is not in conformity with the contractual agreement, at least 20% of the total amount agreed in the contract, and the compensation is calculated by 2 times the standard, that is, 200,000 yuan × 20% × 2 times = 80,000 yuan.
Recently, Mr. Yang, the head of the after-sales service department of the store, said that the reason for the overdue delivery of the supplier was that the supplier’s capital chain was broken and could not be fulfilled on time. For this purpose, the store set up an ad hoc group to report to the industry and commerce, the Consumer Council and the public security department, striving to minimize the loss of consumers.
Mr. Yang said that the contract stipulated that 20% of the total amount should be used as the deposit. The maximum compensation for overdue goods should not exceed 2 times of the deposit, and the liquidated damages recognized by the store would be 24,000 yuan. Ms. Gao proposed compensation for more than 140,000 yuan. Rights protection, the store is unacceptable.
In response to this statement, Ms. Gao said that even in accordance with this algorithm, the liquidated damages paid by the store should be 48,000 yuan. Because of the total payment of 200,000 yuan, she handed over 120,000 yuan to the store, 20% of the 120,000 yuan was 24,000 yuan, calculated by 2 times the standard, should be 48,000 yuan.
Ms. Gao, if the store ultimately fails to fulfill the contract, she will maintain her legal rights through judicial procedures.