If the contract contains conditions that deprive the customer of this right, they are void.

The customer has the right to refuse regardless of its grounds, which is an exception to the general rule of inadmissibility of unilateral waiver of obligations. However, it should be borne in mind that the customer may exercise the right of withdrawal only in respect of work not completed by the contractor. If the work has already been done, the customer can not refuse to accept its result, despite the fact that he has lost interest in it. Everything done under the domestic contract until termination (refusal) remains with the parties and none of them can demand return, unless otherwise provided by law or contract. Thus, part of the work performed by the contractor before the customer’s withdrawal from the contract remains with the customer. Any restriction of the customer’s right to withdraw from the domestic contract is not allowed. If the contract contains conditions that deprive the customer of this right, they are void.

Article 868 of the Civil Code establishes the obligation of the contractor and thus the right of the customer to receive the necessary, accessible, reliable and timely information about the works (services), which ensures the possibility of their conscious and competent choice. The information must be provided to the customer before concluding a household contract or work order (service). The necessary information that must be communicated to the customer must contain information about the proposed works, their types and features, the price (tariff), form of payment, conditions and rules of work (services), regulations, which must meet the requirements narrative essay topics for grade 6 of the work, warranty obligations of the contractor, etc.

According to Article 870, work under a household contract may be performed by the contractor both from its own materials and from the customer’s materials. The contractor is not entitled to insist on the transfer of material to him by the customer. Types, quantity and quality of materials required for the provision of services are determined by the contractor in accordance with regulatory and technical documents in consultation with the customer.

If the contractor has provided materials to fulfill the order, he is responsible for their quality. Thus, when the contractor performs work on his material, its payment must be made by the customer in part or in full, by agreement of the parties, with the final settlement upon receipt by the customer of the work performed by the contractor. In case of lack of materials or impossibility to determine the amount of materials required for the provision of household services, their use is agreed with the customer, and the cost is paid by him after the services at prices in effect on the day of receipt of materials.

The household contract may contain conditions under which the contractor may provide the customer with materials on credit (in installments). The procedure for granting a loan for material, the term and procedure for its repayment are determined by the household contract or an additional agreement of the parties.

Changing the price of the contractor’s materials specified in the domestic contract is not allowed. Therefore, further change in the price of the loan material does not lead to recalculation, unless otherwise provided by contract.

Article 871 of the Civil Code is aimed at protecting the rights of the customer in case of work on his material, so the receipt or other document issued by the contractor when concluding a household contract, indicates the exact name of the material, its quantity and evaluation agreed by the parties.

The cost of things and materials of the customer is determined and documented by agreement of the parties or on the basis of submitted documents certifying their price.

In case of discrepancy of the price of material to reality, the customer has the right to challenge the carried out estimation of material.

If the contractor during the acceptance of materials finds improper quality or unsuitability of materials for work or other defects, he must notify the customer, who will remove from the contractor responsibility for the consequences of loss or damage to materials on this basis.

The Contractor is responsible for the safety and proper use of the materials provided by the Customer. If the materials were lost or damaged due to the contractor’s fault, the contractor must, in agreement with the customer, replace the materials with similar ones and perform the work on this material within a reasonable time.

The rights of the customer in case of significant breach by the contractor of the domestic contract

In case the contractor has made significant deviations from the terms of the domestic contract or other significant defects in the work made of the customer’s material, such as violation of the terms of the order, loss or damage of materials, the result does not match the quality, the work has certain shortcomings or other, the commented article provides for the right of the customer to demand from the contractor:

making another thing from a homogeneous material of the same quality; termination of the contract and compensation for damages.

The money paid for the work is returned to the customer on the day of termination of the contract, and in case of impossibility to return the money on the day of termination of the contract – at another time by agreement of the parties, but not later than 7 days.

For each day of elimination of shortcomings over the established term (14 days) the penalty in the amount of one percent of cost of result of works is paid to the customer.

The amount of payment under the household contract

The cost of work performed under the domestic contract is determined by agreement of the parties, unless otherwise provided in the prescribed manner by price lists (price tags), tariffs, etc.

The work is paid by the customer after its final transfer to the contractor. With the consent of the customer, the work may be paid for by him at the conclusion of a domestic contract by issuing an advance or in full.

The commented article gives the right to the parties to the domestic contract to determine the cost of work performed independently by their consent, unless otherwise provided in the prescribed manner by price lists (price tags), tariffs, etc. Thus, under the contract free prices and tariffs, the state fixed and regulated prices and tariffs can be applied. In the case of regulation of the cost of a particular work by state tariffs, it may not exceed the tariffs set by the state.

As a rule, the work is paid by the customer after its final transfer by the contractor. But this requirement is not unconditional. Thus, at the request of the parties, the customer may pay an advance to the contractor or pay for the work in full at the conclusion of the contract. The contractor has no right to demand from the customer any amounts to pay for the work. However, when concluding a household contract, the customer pays in full: all types of services, works performed in the presence of the customer, as well as a means of self-service; film photo laboratories and photographs, enterprises providing ceremonial events and ritual services; for the purchase, delivery or shipment of gifts, souvenirs and other products, etc. In addition, for services in the manufacture and repair of furniture, repair and construction of residential and non-residential premises, manufacture, major repair and renovation of footwear, garments and knitwear, the customer pays an advance of 50 percent of the cost of work performed by the contractor.

Settlements with customers for work performed are made in cash, non-cash or other form in accordance with the law.

The order of payment of the cost of works is determined by the contractor in agreement with the customer. As already mentioned, it may provide for full payment at the time of ordering or partial payment with final payment upon receipt of the order. In the latter case, after each completed and paid transaction for the work performed, the customer is issued a settlement document.

The cost of work and materials of the contractor is paid by the customer at the prices valid on the day of registration of the order if other is not provided by conditions of the contract.

In case the contractor provides at the request of the customer additional works not provided for in the order, their cost is paid by the customer at the prices in force at the time of placing the order for these works.

19.09.2010

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Development of a lesson « Property » in jurisprudence in the 9th grade

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Author: Bidnyachuk Maria Petrovna Position: teacher of history and jurisprudence.

The material is posted as part of the Forum of pedagogical ideas « LESSON »

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We learn to be citizens

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