What Is a Negotiated Sale?

Negotiation and settlement refers to the negotiation between consumers and operators on issues related to disputes after a dispute is reached. On the basis of voluntary and mutual understanding, through direct dialogue to settle facts, reason, distinguish responsibilities, and reach a settlement agreement, so that disputes can be resolved. Resolved activities. Negotiation and settlement is a fast and easy way to resolve disputes. It is an ideal way for both consumers and operators. In fact, a large number of consumer rights disputes in daily life are resolved through negotiation and settlement.

Negotiate settlement

Negotiation and settlement means that consumers and operators are developing

Legal basis for negotiation and settlement between consumers and operators:

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In practice, the negotiation settlement can bring relevant evidence such as purchase vouchers or service documents and evidence of loss when its rights and interests are infringed, find the operator, explain the situation to its person in charge or the department in charge of dispute resolution, and propose Own opinions and requests. If operators feel that consumers' opinions and requirements are reasonable, they will accept them. If the operator feels that the consumer's requirements are too high, he will ask consumers to reduce their requirements. After some "bargaining", the dispute was resolved when an agreement was reached that both parties were willing to accept.

Negotiation and reconciliation should adhere to the principles of collaboration and equality: the principle of collaboration. Require consumers and operators to work in a harmonious atmosphere, based on mutual understanding, in a spirit of seeking truth from facts, solidarity and cooperation, by putting the facts to justice, clarifying the facts, clarifying responsibilities, and reaching agreement voluntarily, and avoiding only relying on themselves Proceeding from the interests of one party, they insist on seeing each other and will not give up. The principle of equality. Consumers and operators must negotiate on their own under the premise of equality

Consumers can take some appropriate channels when they directly approach the operator to negotiate a settlement. When the consumer s personal rights and property have suffered significant losses, or the operator s violations against the consumer s means are bad, they cannot be reduced to major events and accept business The demotion of those who deal with it, especially those that constitute criminal responsibility, cannot be treated in a palliative manner, and the matter is directly negotiated and settled. When encountering product quality issues, such as

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When negotiating a settlement, consumers should pay attention to the following issues: intentional delay or unreasonable refusal against the operator

Legal basis for negotiation and settlement

Consumers negotiate and propose settlement actions, and consumers should take immediate measures to resolve disputes by other means. That is, disputes can be resolved by means of complaints, appeals or arbitration and prosecution. If the operator's deliberate delay and unreasonable refusal results in an increase in consumer property losses, the operator shall, in addition to meeting the normal requirements of the consumer, bear compensation for the expanded losses. In view of the operator's deliberate shirk of responsibility, it is considered that the manufacturer's quality problem is a matter for the manufacturer, and it is required that consumers directly approach the manufacturer for negotiations. Consumers or other victims who cause personal or property damage due to a defective product may claim compensation from the seller or from the producer. If it is the responsibility of the producer, the seller has the right to claim compensation from the producer after compensation. If it is the responsibility of the seller, the producer has the right to claim compensation from the seller after compensation. Consumers whose legal rights and interests are damaged when receiving services may claim compensation from the service providers. Therefore, when consumers encounter product quality problems, such as the operator shirk responsibility and consider it to be a problem with the manufacturer, and require the consumer to directly negotiate with the manufacturer, the consumer should have a sense of self-protection and not let the manufacturer and the Operators should play as "balls". They should be based on legal provisions to effectively protect their legitimate rights and interests. In response to the operator's refusal to bear responsibility on the basis of store notices, statements, and notices, according to the "Consumer Rights Protection Law" Article 24 states: "Operators shall not make unfair and unreasonable provisions on consumers by means of format contracts, notices, declarations, store notices, etc., or mitigate or exempt them from civil liability for damage to consumers' legitimate rights and interests. Format contracts, notices, declarations, store notices, etc. containing the contents listed in the preceding paragraph shall be invalid. Therefore, when consumers negotiate and negotiate with merchants due to product quality and service issues, they must not be bound by the service rules or product sales notices in their stores. These service rules have no basis in law and have no legal effect. Invalid rule.