Guangdong Province promotes the use of provincial-level contract demonstration texts in the laundry and washing industry
Release Time:
2014-11-19 09:34
Source:
China Laundry Information Center
Market economy is an economy based on credit and contracts. Using fair and standardized contracts as transaction constraints plays an important role in protecting consumers' legitimate rights and interests, guiding enterprises to operate with integrity, building a long-term mechanism for fair competition, and promoting social honesty and harmony. With economic growth, people's attention to contracts and agreements has continuously increased. The newly revised "Consumer Rights Protection Law" sets higher standards for contract norms. Article 26 of the "Consumer Rights Protection Law" not only requires operators not to use standard clauses, notices, statements, or store announcements to exclude or limit consumer rights, reduce or exempt operator responsibilities, or increase consumer responsibilities with unfair or unreasonable provisions, and prohibits the use of standard clauses combined with technical means to force transactions, but also requires operators using standard clauses to prominently draw consumers' attention to content that has significant interests for themselves and to explain it upon consumers' request.
On November 6, the "Guangdong Province Laundry and Washing Industry Contract Model Text Promotion Meeting and Integrity Operation Commitment Signing Ceremony" jointly organized by the Guangdong Consumer Council and the Guangdong Laundry Industry Association was held in Guangzhou. The meeting introduced the purpose and significance of formulating and promoting the Guangdong Province Laundry and Washing Contract Model Text. At the same time, in response to consumer rights violations in the washing industry, an integrity operation initiative was issued to laundry and washing enterprises, and an integrity operation commitment signing ceremony was held.
It is reported that since last August, when the Guangdong Consumer Council and Guangdong Laundry Association jointly revised and issued the new "Guangdong Province Laundry and Washing Consumer Dispute Resolution Measures" (hereinafter referred to as the "Measures"), the laundry consumption environment in our province has significantly improved, related complaints have gradually decreased, and consumer satisfaction has continuously increased. Now, when consumer disputes occur in the laundry service field, consumers and operators can basically rationally conduct quick claims based on the responsibility division in the "Guangdong Province Laundry and Washing Consumer Dispute Resolution Measures." The introduction of the Measures has gradually helped consumers understand the unavoidable risks in the laundry industry, while clearly defining the responsibilities operators should bear, enhancing risk awareness on both sides. Especially, the Measures pioneered the introduction of the new concept of negotiated washing nationwide, providing an additional layer of protection for consumers sending valuable clothing for washing, reducing the risk of operators being unable to bear high compensation for quality issues, and has been welcomed by both consumers and operators. The Provincial Laundry Association conducted follow-up surveys with more than 200 consumers on this issue, all expressing affirmation and approval. It is understood that the Measures have also been used by judicial departments as an important basis for ruling on similar litigation cases, and their successful approach has been referenced and adopted by other provinces.
Although the introduction of the Measures has significantly improved the laundry consumption environment, disputes caused by contracts are still relatively prominent. To further create a good laundry consumption environment, the Guangdong Laundry Industry Association, under the guidance of the Guangdong Provincial Administration for Industry and Commerce, formulated the Guangdong Province Laundry and Washing Contract Model Text, which was approved by the Provincial Administration for Industry and Commerce and promoted throughout the province. The model text consists of the "Guangdong Province Work Clothes Uniform and Linen Washing Service Contract," "Guangdong Province Garment Washing (Non-Negotiated) Service Contract," and "Guangdong Province Garment Washing (Negotiated) Service Contract." Adhering to the principles of fairness, justice, compliance, and reasonableness, it comprehensively considers the actual needs and interest balance of consumers and operators, grasping the balance point between protecting consumer rights and promoting industry development. The contract model has five major features: First, it introduces the concepts of "negotiated washing" and "non-negotiated washing," fully respecting consumers' "autonomous choice rights," reflecting humanized service; second, it clarifies the scope of compensation for quality problems or loss of clothing during washing, with strong practical operability and higher compensation standards, which is more conducive to protecting consumer rights; third, it clarifies the breach of contract responsibilities for both operators and consumers regarding overdue delivery and pickup of washed clothing, specifying compensation standards for both parties, enhancing contract awareness for timely delivery and pickup; fourth, it adds the Provincial Laundry Industry Association as a dispute mediation organization, fully leveraging the association's professional and resource advantages to improve the efficiency of laundry service dispute mediation; fifth, it introduces the "Guangdong Province Laundry and Washing Industry Consumer Dispute Resolution Measures" in dispute resolution, enriching the basis for consumer rights protection mediation and safeguarding the legitimate rights and interests of both parties in transactions.
Our province is a major laundry consumption province, and the laundry and washing industry has always been at the forefront nationwide. The laundry and washing contract model text issued this time is the first provincial-level contract model text in the domestic industry, and it is believed to play a benchmark and exemplary role nationwide. The promotion and use of the contract model text has a practical effect on standardizing industry business conduct, establishing industry integrity and reputation, and especially resolving consumer conflicts and disputes caused by the long-term lack of contract norms. It is understood that due to the lack of contract norms, when laundry quality problems occurred in the past, it was often difficult to clarify the responsibilities of the relevant parties, and consumers and operators ultimately had to resolve disputes through judicial channels, which was time-consuming and laborious and did not necessarily yield satisfactory results. After promoting the contract model text, the rights and obligations of operators and consumers are clearly defined. As long as both parties perform according to the contract, conflicts and disputes caused by unclear agreements and unclear responsibilities can be prevented or reduced. This is a "win-win" for both operators and consumers, as well as for promoting industry development and protecting consumers' legitimate rights and interests.
In recent years, the media has occasionally exposed chaotic phenomena in the laundry and washing industry, such as using strong acids, strong alkalis, and other industrial raw materials harmful to the human body to clean bed sheets, towels, and linens to reduce operating costs; using stain removal ironing or water washing to masquerade as dry cleaning; using dry cleaning oil that has not been distilled for a long time to clean clothes; not implementing sorting procedures, causing cross-contamination of clothing; and infringing on consumer rights through standard clause contracts. In response to this situation, at the briefing, the Guangdong Consumer Council and Guangdong Laundry Association solemnly issued an integrity operation initiative to laundry enterprises across the province (specific content in the initiative), which received active responses from the first batch of 35 laundry enterprises. Ten laundry enterprises, as industry representatives, signed the integrity operation commitment letter with the organizers, solemnly pledging to consciously resist illegal and non-compliant behaviors, not to falsify or harm consumer interests, and to abide by industry ethics. Representatives of laundry enterprises pointed out in their speeches that the formal promotion and use of the three "Service Contracts" not only protects the legitimate rights and interests of consumers and operators but also reduces consumer disputes caused by transaction opacity and insufficient choice rights. The integrity operation initiative not only sets requirements for laundry enterprises but also serves as a driving force for the whole society to promote the laundry industry toward regularization and high quality development. They expressed active response to the integrity operation initiative, leading by example through practical actions, and encouraging other operators and practitioners to keep their promises, operate honestly, consciously protect consumer rights, consciously maintain industry reputation, and jointly create a good laundry consumption environment.
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