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Furniture not matching their sales descriptions, owner of a fitting out company threatened to stop working and was arrested

The customs arrested a male director cum salesman of a fitting out company located at a flat on Portland Street in Mong Kok on 12th in this month, he was suspected to provides different furniture from those stated on the contract to the customer, breaching “Trade Descriptions Ordinance”. The fitting out costs HKD 270,000, furniture making accounts for HKD 80,000.
Details of a case stated that during the discussion on fitting out with the customer, the male director cum salesman of the fitting out company said that the furniture would be made according to the standard stated by the customer for many times, and it was stated in the contract. When the customer received the first batch of furniture, he found that the standard was obviously different from the contract, the male director then threatened to terminate the contract and fitting out work, forcing him to accept, and promised to make the second batch of furniture according to the standard, the customer found that the second batch of furniture were different from the contract. After discovering the problem, he held the balance payment and reported to the customs, the actual loss was pending for calculation.
Design Information Centre would like to remind everyone :
- Learn about the structure and strength of the fitting out company before choosing it, for example, if the company has related ISO International Certifications, or if the company provides regular trainings to its employees, the experience and specialty of a designer and the professionalism of the fitting out workers can also be the reference. Besides, normally, the company with related International Certifications has to work according to the ISO standards, and provide professional trainings to the fitting out workers.
- Don’t choose discreditable companies because of low prices to avoid unnecessary loss.
- When choosing a fitting out company, pay attention to the management culture of the company, and if the company provides various trainings to its frontline and backend support staff regularly.
- If defects are found, you must request compensation from the company, you can take photos for the compensation later to protect your own rights.
- Specific requests on fitting out, design or construction materials should be listed in the contract clearly.
- Understand the contract terms and performance pledges before construction, enter into a clear and definite agreement, including the construction items and total expenditure, list out the payment method and process, and sign to confirm by mutual consent.
- During the fitting out, additional items should commence upon an agreement of additional items is signed by mutual consent, contents and prices are agreed by both parties.
- It is safer to choose companies which provide interest-free installment, because these companies have passed strict examinations of banks, including the financial status, normally these companies are more reliable. The agreement signed by both parties should include the payment method of the fitting out fee, such as the payment schedule, monthly payment date and payment amount per period, etc.
With special thanks to / Source:
Quoted from “Ming Pao” on 13 Jan 2022
https://news.mingpao.com/pns/港聞/article/20220113/s00002/1642010899059/家具不對辦要脅停工-裝修店東被捕
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