It is important to know that when the client is a simple consumer and the contractor is a legal entity or individual entrepreneur, the relationship between them is regulated by special provisions of the Law on the Protection of Consumer Rights, including provisions on the procedure for filing a claim regarding the quality of work performed.
Agreement by the parties on the procedure and timeframe for satisfying the customer's demands in the event of detection of defects, which differs from the procedure provided for by law.
If the contractors have specified overseas chinese in europe data all the conditions for eliminating possible deficiencies in the activity and provided for the procedure for their elimination, then the customer does not have the right to demand a proportionate reduction in the cost of the work. Paradoxically, judicial practice also indicates the opposite development of events. If the contract does not stipulate that the customer can eliminate deficiencies on his own and at his own expense, then he loses the right to reimbursement of expenses associated with their elimination.
The client has the right to independently eliminate the deficiencies by attributing them to the contractor’s expenses, even if this right is not stipulated in the contract, provided that he has notified the latter of the need to cancel the deficiencies, but this request was ignored.
If the parties have agreed on a condition that the customer has the right to eliminate the identified deficiencies on his own, then, according to current legislation, the contractor will have to reimburse him for all relevant costs.
Insufficient specification of the stages of work performance under the contract.
If the parties agree on other terms in addition to the start and end dates of the contract, but without defining specific stages of work and volumes for them, then the intermediate points may be recognized as unspecified in court, and the contractor will only be liable for violating the deadlines for fulfilling the order in accordance with paragraph 1 of Article 707 of the Civil Code of the Russian Federation. In such a case, the client does not have the right to demand compensation for the prescribed penalty for late performance of the activity, since th