The performance of any work or the receipt of services always carries the risk of becoming a victim of unfair performance of obligations undertaken. This, unfortunately, is a common practice, since the first place is usually minimized costs, rather than maintaining the image of the company. The cost of work remains high, which is unacceptable. The legislation takes this possibility into account and provides customer guarantees, which is very important in modern society, where many problems arise precisely because of the dishonesty of the performers.
Possible requirements
Law No. 2300-1, in accordance with Article 29 of the , states that the client, if the result of work or services is far from the declared, has the right to the following actions:
- Make the necessary corrections, corrections or make repairs on your own, but demand reimbursement of the costs of these actions from the contractor.
- If the purpose of the order was a certain object or object, making changes to which is not possible, you can order another one of the same, but without marriage. Such a production process should be carried out entirely by the contractor. The only condition in this case is the return of the substandard thing back to the manufacturer.
- It may be required to reduce the total price of work / services. The amount should reflect defective items. Typically, such a measure is applied when the overall quality allows the use of the result of the order, but some of its indicators (for example, the appearance of the product) are not as stated by the contractor.
- The easiest option is to require the company to independently correct all the shortcomings and bring the final result to the one that was originally agreed.
You should not ignore these opportunities, since you still have to pay money, but it’s better to do this by buying a quality service or product than using a defective product at your own expense. It should be remembered that even if the contractor has made all the amendments, he is still obliged to pay a penalty if he has delayed the agreed deadlines. That is, if a problem is discovered in the production process, due to which the production is moved beyond the agreed limits, the penalty will still have to be paid.
Refusal of work (services)
According to the law, according to article 29 of the , the customer also gets the opportunity to completely abandon the contractor. If the work or services is not completely satisfied, or the company may not make the necessary corrections within the time specified in the contract, then the amount already paid must be fully returned to the customer. If some part of the work is still satisfied, then in such a situation, the price of the work performed should be reduced by the corresponding amount. Another important point: in the event that the customer has suffered losses due to deadlines or their insufficient quality, he is entitled to demand from the contractor full compensation for all such costs. For example, the factory acquired the machines, but the manufacturer delivered them in a defective condition, which is why the buyer breaks the deal. In such a situation, he has the right to demand compensation, among other things, to the extent that he could profit from this contract.
The principle of formation of the final cost
The price of compensation should take into account all the nuances of the problem. So, the cost of work or services should be reduced based on the amount that the market at the time of the claim is being paid for such actions. If the contractor could not or refused to fulfill his obligations, then in this case the decision is made at the time of the announcement of the court decision. By the way, given the constant rise in prices, the second is usually even more profitable, because a month or more can pass from the moment the proceedings start to the final result. If substandard goods are returned to the manufacturer, the customer has the right to demand a difference in cost corresponding to the changes that occurred at the time of the claim. In the event that credit funds were used for payment, the entire amount paid is returned in full, and the costs of processing and issuing money are also compensated from above.
Time frame
The contract for the provision of services with an individual or company must include a warranty period during which the customer has the right to make claims. If such an item is not provided, then the customer has the right to demand compensation for two years from the date of purchase. In the event that the problem concerns any real estate, the term is extended up to 5 years. Thus, it is more profitable for the contractor to stipulate in advance the possible time frame for the return, but only on condition that he does supply quality products.
Liability for deficiencies
Art. 29 ZOZPP in paragraph 4 implies that the manufacturer undertakes to correct all problems or replace the goods throughout the warranty period or the above intervals. However, this only applies to situations where the user has the opportunity to prove that the product was of poor quality at the time of purchase, and did not become one during operation. In the case of most pieces of equipment, this is almost impossible. Specialized service centers can help, not only able to determine the cause of the breakdown, but also to determine exactly when it happened. Otherwise, compensation will not work.
Problems after the warranty period
As already mentioned above, a contract for the provision of services with an individual or enterprise should imply some kind of return period. If such a warranty period is less than two to five years (for ordinary goods / services and real estate), then in this situation you can try to prove your case even after the specified time. True, in this case, you still have to prove that the cause of the problems arose immediately, and they are not the result of prolonged use.
Claims Deadline
Consumer rights in the event of detection of deficiencies in the work performed can also be maintained for a period longer than that specified in the RFP. So, if the warranty specified by the manufacturer is more than 2-5 years, then claims can be put forward much longer. The deadline is 10 years. This is the maximum possible only in situations where the possible return interval is not set separately. It should be noted that after receiving a claim, the contractor has 20 days to compensate all the costs of the client, after which he can fully sue. Usually companies try not to bring the situation to this and return money much earlier. The exception is situations where existing problems simply do not give such an opportunity. This should not worry the customer. It is recommended not to follow the manufacturer’s lead and not agree to a change in the deadlines, as in the end this can happen endlessly.
Terms for Correcting Defects
There is no established art. 29 ZOZPP a period of time during which the contractor is obliged to remove all problems. It is not possible to clearly define such a framework, since they can vary within a very wide range, depending on the work provided. However, all edits are required to be made within a reasonable time, that is, it will not work to push the final result to infinity. Acceptance of work performed does not mean a complete rejection by the customer of all claims, and the contractor is still obliged to respond to user requirements in a timely manner. It is recommended to fix the period of repair or amendment in a separate document, which is signed by both parties at the time such actions begin. And in the event that this time period is not respected, the contractor is obliged to pay a penalty.
Additional Information
Despite the abundance of opportunities, the client has the right to demand only one thing. For example, you can request a gratuitous remedy or a full refund, but not both of these points at once. In addition, one cannot wish for the unreal from the customer. If the product or service cannot be corrected in any way, then it is prohibited to demand it. In this case, it remains only to force the contractor to return the money or to replace the object. Also, the consumer has the right to indicate the deficiencies both after the completion of all work, and during their implementation. But in the latter case, it must be borne in mind that sometimes such problems are a consequence of the production process and at the final stage they will be eliminated. Unlike ordinary goods, it is not possible to establish a warranty period for services. Legislation does not provide for such a need. In case of problems, it will be necessary to focus on the general rules indicated above (2-5 years and up to 10 maximum).
Conclusion
With the help of Article 29 of the RFA, any injured customer or buyer has the right to return his money or to receive a normal product. This is in theory. In practice, it turns out that in many cases it is either impossible to prove the perpetrator’s guilt, or so expensive that it’s easier to buy a new product. In the latter case, one should not forget that in the compensation process it will be possible to demand a return not only of the cost of the work or services, but also of all those actions that had to be taken to identify the culprit. In addition, many users do not want to waste their time and nerves in disputes with the performer, and even less so in court. This is the wrong approach, provoking companies to relate to their responsibilities through their sleeves. You always need to achieve your goal, no matter how much effort is required. Such an approach will discipline manufacturers and lead to an increase in the quality of work or services.