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Putting on a shelf affects unloading, is it force majeure?

author:Beiqing Net

Ms. Wang of Hangzhou, who runs a liquor wholesale business, rents a house in a community as a warehouse. Recently, the community has begun to transform, which is inconvenient to unload, affecting business. Negotiate with the landlord to withdraw the lease, and have not communicated well.

Ms. Wang is a house rented from Hangzhou Yixing Construction Co., Ltd., located in WuliTangyuan Community, Gongshu District, Hangzhou, with a lease period from October 10, 2020 to December 9, 2022, of which October 10, 2020 to December 9 is a rent-free period, the rent is 11,250 yuan per month, the deposit is 22,500 yuan, and the rent has been paid for one year. Ms. Wang said that the façade of the community began to be renovated in September this year, and her unloading became a problem.

Putting on a shelf affects unloading, is it force majeure?

Ms. Wang: "The original is directly to the top of the steps, a shop, directly pulled in, put up a steel frame to cause my car to not come in, (drive not) up, unloading to 3 meters away, people are not willing to unload, the delivery worker is indeed tired, can also understand, he is not willing to come here, now you go outside to inquire, almost a month, as long as it is said that Wuli Tangyuan here, are all named, not here, the head is shaken, resulting in me now a lot of goods are broken (I see that there is also wine wholesale next door), next door she is also saying ah Her home was also empty. ”

Putting on a shelf affects unloading, is it force majeure?
Putting on a shelf affects unloading, is it force majeure?

The wine wholesaler next door: "The impact is quite big, because we all have to complete the truck, the container car comes over, no one wants to come (send), (house) we want to rent ah, how to do with the lease, where to put so many of our goods." ”

Putting on a shelf affects unloading, is it force majeure?

During the interview, a truckload of goods arrived, and the reporter also chatted with the delivery master.

Delivery master: "From that how far to move this (the original) the original directly to the side (pasted to the steps) yes, paste to the steps, get good and go up directly (many people are not willing to send, is there such a situation) Yes, we are not willing to come, no way (this is indeed a little harder than other places) A look at this box of boxes, when can we finish, normal a truck of goods we have more than an hour, now this car of goods, how long do you look. ”

Putting on a shelf affects unloading, is it force majeure?

Ms. Wang said that now the truck has to stop two or three meters away, it feels that the distance is not far, but the delivery master wants to move it box by box, and the amount of goods she needs here is relatively large, and the beer alone will be more than 20,000 boxes every month, which is time-consuming and laborious, and the masters are not willing to deliver to her, she can also understand.

Putting on a shelf affects unloading, is it force majeure?

According to the notice posted, the renovation will take 100 days, and the owner of the shop next door and Ms. Wang are not a landlord, she decided to stand up again. Ms. Wang said that she could not persist for so long and mentioned the matter of rent withdrawal with Hangzhou Yixing Construction Co., Ltd. She took out the contract, and the breach clause stated that "if this contract cannot be performed normally due to irresistible factors (including but not limited to natural disasters, wars, and municipal construction), it shall not be deemed to be a breach of contract, and Party A shall return the rent and deposit paid by Party B in advance to Party B.".

Putting on a shelf affects unloading, is it force majeure?

Ms. Wang: "It's not that I caused me to default, then I want to move out now, he said that the rent is gone, the rent will be december 9th, there are more than two months, there are two months of deposit, that is, the two of us stand in the middle station, I can't get in now, I will sell out the goods at home, maybe by the end of October, I can sell out (move away), the rent will be December 9th, I don't want it, you return the two-month deposit to me." ”

Putting on a shelf affects unloading, is it force majeure?

Hangzhou Yixing Construction Co., Ltd. staff Mr. Luo: "By the court to determine, she is not an irresistible factor, to cause her to unilaterally tear up this contract, if the court determines that this matter is like this, then I will admit that she did not rent for two years, I can not give her, two months decoration period (rent-free period), our rent-free period is based on the premise that in her performance of the contract to two years, she also counted the rent-free period into her losses, I told her before, this nature, this rent-free period is our welfare to her, She has now paid 14 months' rent, (to) October 9th, there are two months of rent left, if by the end of October, gross estimate of more than a month of rent, refund a month and a half (rent), (she means, she moved around the end of October, you side refund her two months rent, see if you can negotiate) should not work. ”

Putting on a shelf affects unloading, is it force majeure?

Ms. Wang said that after consulting a lawyer, she will decide what to do.

Source: 1818 GoldenEye