Standardized contract is a common type of legal documents in Taiwan, including booking tickets online, rentals, and buying cars..etc.. In order to accelerate the progress of purchasing, the sellers usually would draft a copy of standardized contract and circle the signature area for buyers’ arrangement. It is much easier to have a conflict with sellers in the condition that the buyers didn’t go through the standardized contract in detailed perusal.
Normally, the standardized contracts don’t have a fixed format. Except for papers, subtitles, posters, signboards, or online announcements and other ways are also counted as standardized contracts. For example, it is common to see the poster “No return, No exchange” around shops on the street as well as to tick the “Agree” button on the user agreement before playing online games, which are all categorized as the types of standardized contracts.
Here are three primary standardized contracts in Taiwan:
Financial Consuming Standardized Contract
Such as application of credit card or covering insurances.
Other Consuming Standardized Contract
Such as car rentals, online shopping, MRT boarding, group tour, and brokerage.
Non-consuming Standardized Contract
Such as employment contract and government purchase contract.
To avoid the consuming conflict, Consumer Protection Act is enacted to protect consumers’ rights. The sellers are required to comply with the mandatory and prohibitory items as stated in the act. If the contract is violated, it would become invalid otherwise. standardized contracts in each category are fully stated the mandatory and prohibitory items clearly, such as standardized contracts in beauty care industries are compulsory to state the reviewing period, continuous beauty care services and items, payment methods and refunds.. these mandatory items.
In addition, the “unfair” conditions for a standardized contracts as stated as below:
Exempt or alleviate the liability of interested party;
Aggravate the liability of the other party:
Force the other party to renounce or limit his/her exercising rights;
Make the other party disadvantageous.
Before sealing the contracts, sellers should offer 30-days reviewing period for consumer’s full perusal. Anybody should read carefully before making or sealing a standardized contract. If there would be something unclear about, it is suggested to consult with lawyers or professionals to make sure your own safety of consuming.
Disclaimer
All information in this article is only for the purpose of information sharing, instead of professional suggestion. Kaizen will not assume any responsibility for loss or damage.
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