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预付费合同中的“超期余款不退”有效吗?(新闻看法)
Ren Min Ri Bao· 2025-05-19 21:45
Core Viewpoint - The article discusses the validity of "no refund after a certain period" clauses in prepaid contracts, particularly in the context of a dance training institution, highlighting a recent court case that ruled such clauses as invalid due to their restrictive nature on consumer rights [1][2]. Group 1: Contractual Issues - Prepaid contracts in industries like dining, training, and fitness often include "no refund after a certain period" clauses, which can lead to disputes [1]. - In a specific case, a consumer paid over 1700 yuan for dance courses, with a contract stipulating varying refund conditions based on the duration of enrollment [1]. Group 2: Court Ruling - The court found the clause "no refund after six months" to be a standard format clause that unfairly restricted the consumer's right to a refund, especially since course availability depended on a minimum number of participants [2]. - The court ruled in favor of the consumer, ordering the training institution to refund over 1200 yuan based on the circumstances of course cancellations and the consumer's rights [2]. Group 3: Legal Considerations - The judge noted that contracts in such contexts often involve personal attributes, and if conflicts arise, enforcing the contract could exacerbate the situation, leading to greater harm [2]. - Courts generally support consumers' requests to terminate contracts when disputes occur, reflecting a consumer-friendly approach in such legal matters [2].
Service Corporation International (SCI) FY Conference Transcript
2025-05-08 16:15
Summary of Service Corporation International (SCI) FY Conference Call Company Overview - **Company**: Service Corporation International (SCI) - **Industry**: Funeral services and cemetery operations - **Market Position**: Largest operator in the U.S. and Canada with approximately 17% market share by revenue, while other consolidators account for about 9% [4][6] Core Business Model and Strategy - **Business Segments**: Divided into funeral services and cemetery operations, with a focus on preneed contracts to secure market share and build trust fund portfolios [4][5] - **Earnings Growth Target**: Aiming for 8% to 12% earnings growth, with 5% to 7% from base business and 3% to 5% from capital deployment (acquisitions, growth capital, share repurchases) [6] Recent Performance and Trends - **Funeral Volume Trends**: - Increased by 13% in 2020 and 4% in 2021 due to COVID-19 - Declined by 4% to 5% in 2022, 5% to 6% in 2023, and expected to decline by 2.5% in 2024 [8][9] - Anticipating flat to slightly down volumes in 2025 due to normalization post-COVID [9] - **Cemetery Operations**: - Cemetery sales are closely linked to funeral volumes, with a decline in both areas noted during the pandemic recovery [11][12] Revenue and Pricing Dynamics - **Funeral Revenue per Service**: - Steady growth in low single digits driven by inflationary pricing power, with a shift towards cremation impacting average sales growth [14][16] - Current cremation mix at 60%, with expectations to stabilize around 75% to 80% in the long term [17] - **Preneed Sales**: - Transitioning from trust instruments to insurance contracts, which is expected to stabilize and grow preneed production in the future [22][23] - Anticipated low single-digit declines in funeral preneed production for 2025, with expectations for stabilization and growth in 2026 [27] Cemetery Preneed Sales - **Core vs. Large Sales**: - Core preneed sales account for 85% to 90% of the business, showing low single-digit growth [30] - Large sales (over $80,000) are more volatile and dependent on individual family decisions [31] - **Growth Outlook**: - Expecting low single-digit growth in cemetery preneed sales for 2025, with potential for stronger performance if macroeconomic conditions improve [35] Margin and Cash Flow Expectations - **Margin Dynamics**: - Cemetery margins have improved from around 20% to the lower 30s, with expectations for flat margins in 2025 due to low single-digit growth [48] - Funeral margins expected to remain around 21% for 2025 until demographic changes drive volume increases [49] - **Free Cash Flow**: - Projecting $860 million in operating cash flow for 2025, with expected free cash flow of around $550 million after capital expenditures [51] Land Management and Future Growth - **Cemetery Land Availability**: - Over 100 years of available inventory across 36,000 acres, but some cemeteries nearing capacity [57] - Strategies include raising prices, reconfiguring land, and acquiring adjacent properties to manage land constraints [59][61] Regulatory Environment - **Funeral Rule Compliance**: - SCI is prepared to comply with the FTC's funeral rule, with pricing already online at 75% of locations [56] Conclusion - SCI is navigating a post-COVID environment with a focus on stabilizing and growing its preneed sales, managing margins, and leveraging its land assets for future growth. The company remains optimistic about its long-term strategies despite current market challenges.