Article 19. Consumer rights in violation of the terms of the contract for the performance of work, the provision of services
On protection of consumer rights (221-I-son) · Date: 26.04.1996 · In force
Executor is obliged to complete the work (to provide the service) in time, amount and quality established by the rules for the execution of certain types of work (provision of certain types of services) or the contract.
The time period for the performance of work (provision of the service) may be determined by the date (time period) by which the work (service) must be performed (provided), as well as by the date (time period) when the executor must begin its performance (provision). If the work (service) is performed (is provided) in parts (delivery of periodicals, maintenance and others) during the term of the contract, phased periods (time periods) of the work (provision of services) should be provided.
The consumer has the right to withdraw from the contract on the performance of work, the provision of the service and demand compensation for losses if the executor does not start timely execution of the contract or it becomes obvious that it will not be completed on time.
If the executor made a significant departure from the terms of the contract that worsened the work (service), or made other significant shortcomings in the work (service), the consumer has the right to demand the free elimination of shortcomings, the corresponding reduction in the price of the work (service), the free manufacture of another thing from homogeneous material of the same quality or re-execution of work, or termination of the contract for the full compensation of losses incurred.
The rights specified in the fourth part of this article, the consumer can exercise:
if shortcomings are detected during the acceptance of the work (service) or during its implementation;
during the warranty period, and in its absence within six months from the date of acceptance of the work (service);
within two years from the date of detection of shortcomings in the structure or other real estate.
The deadlines for the elimination of shortcomings detected during the course of the work (provision of the service) are established by the contract. Shortcomings in the work performed (the service rendered) must be eliminated by the contractor within twenty days from the date the customer submits the claim, unless a shorter period is established by the contract. In case of failure to eliminate shortcomings within the prescribed period, as well as delays in the beginning and end of the work (service), the executor pays the consumer a penalty (surcharge) in the amount of one percent of the cost of the work (service) or the cost of the order (if the cost of the work (service) is not separately determined) for each day of delay, hour (if the period is specified in hours).
