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Article author:Yingting Lawyers Group | Update time:2023-08-08 | Reading times:318
The renovation did not meet the prescribed property damage compensation standards.
1. Property losses refer to the discount for direct losses of vehicles and property caused by traffic accidents, and should also include on-site rescue (insurance), personal injury, aftermath treatment and other expenses, but do not include indirect losses such as shutdown, production, and business suspension.
2. Facilities refer to road safety facilities and other facilities on and near the highway, such as electricity, water conservancy facilities, houses, trees, flowers, etc.
3. Repair. Vehicles, items, facilities, etc. that are damaged by accidents must be repaired, repaired, and restored. Repair is mainly to repair in situ and restore the original state as much as possible, that is to say, there will be no major changes in function, form and value.
4. Discount compensation. Accidentally damaged vehicles, items, facilities, etc. may not be repairable and require discounted compensation. When discounting, the value of the original object, the new and old market prices of the original object, and the residual value should be calculated and compensated with the discount.
5. If the livestock is injured but does not lose its use value, it should be treated on the spot; if it loses its use value or dies due to injury, it will be compensated at a discounted price after evaluation and appraisal by the relevant departments.
6. Compensation in kind. Compensation shall be made with physical objects of the same or similar type and quality after consensus reached between the parties.
The house decoration materials do not meet the legal basis for claiming compensation.
The defect warranty liability in my country's "Product Quality Law" and "Consumer Rights and Interests Protection Law" falls under the provisions of contract law, that is, the manufacturer's liability for product quality. It is relative and is the responsibility of the buyer; therefore, if the decoration materials are defective, you can ask the merchant to return or replace them based on the sales contract between the two parties, and require the merchant to bear liability for breach of contract.
Under the tort liability law, product quality infringement liability falls under the tort liability law. Manufacturers and sellers should be responsible for compensation for personal and property losses caused by quality defects. If the buyer causes personal and property losses due to substandard decoration materials, the buyer can require the merchants and manufacturers to bear compensation liability.
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