Claim to the contract for the provision of services
Posted: Tue Jan 28, 2025 6:52 am
Nuances of filling out different types of service contracts
Any form of service agreement provides for a description of the rights and obligations of the parties to the agreement. However, this requirement is often not met. As a result, the parties may fail to fulfill their obligations or fulfill them poorly, or not in full.
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This becomes the cause of conflicts. And armenia email list the party to the agreement who finds himself in the role of the victim has the right to make a claim. With its help, the dispute can be resolved without going to court.
The purpose of writing a claim is to get the contractor to correct all the violations committed by him. It is important that the grounds for drawing up a claim are sufficiently compelling.
A claim with a requirement to correct violations is filed only if one of the parties to the agreement has not fulfilled the obligations assumed (in full or in part). Here are the signs by which it is established that the obligations have not been fulfilled or have not been fulfilled properly:
the deadline specified in the agreement has been violated;
the injured party suffered losses due to the failure of the contractor to provide services, and he refuses to compensate for this;
the service is not provided on time, but the contractor does not pay the fine or penalty stipulated by the agreement.
In accordance with the current legislation, the injured party has the right to file a claim if the services were rendered poorly, with violation of the terms or were not rendered at all. In this case, the customer may also act as a violator. Usually, these are situations when he/she makes payment under the service agreement late or refuses to pay at all.
The claim must clearly state the requirements presented , and in different situations they are not the same (depending on the seriousness of the violations committed). But there is always one task - to achieve full fulfillment of the obligations imposed on the violator.
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The contractor most often demands full payment for his work, but the customer may have many more reasons for filing a complaint. Here is an approximate list of demands most often put forward by a dissatisfied customer:
correct any deficiencies (without charging a fee) that occurred during the provision of the service;
compensate the customer for the costs of independently correcting the deficiencies;
terminate the agreement and return all the money;
repeat the provision of the service (without charging a fee) if it is impossible to correct the deficiencies;
if the service is provided poorly, make a payment at a lower price;
to obtain a fine, penalty or other punishment from the contractor, as specified in the terms of the agreement.
If the procedure for rendering a service under a contract is violated, and the customer has already paid (in full or part of the amount), he still has the right by law to demand compensation, and it is not at all necessary that this be stipulated in the agreement. Here, Article 332 of the Civil Code comes into force, according to which the rule applies to any obligations related to the payment of money: the paying party has the right to demand a penalty. The contractor has the same right in relation to the customer if the latter delays payments or does not intend to pay at all.
Any form of service agreement provides for a description of the rights and obligations of the parties to the agreement. However, this requirement is often not met. As a result, the parties may fail to fulfill their obligations or fulfill them poorly, or not in full.
Recommended articles on this topic:
Company Marketing Plan: Double the Company's Profits
KPI for the sales department: how to calculate and implement
How to get 3 times more clients for 2 times less
This becomes the cause of conflicts. And armenia email list the party to the agreement who finds himself in the role of the victim has the right to make a claim. With its help, the dispute can be resolved without going to court.
The purpose of writing a claim is to get the contractor to correct all the violations committed by him. It is important that the grounds for drawing up a claim are sufficiently compelling.
A claim with a requirement to correct violations is filed only if one of the parties to the agreement has not fulfilled the obligations assumed (in full or in part). Here are the signs by which it is established that the obligations have not been fulfilled or have not been fulfilled properly:
the deadline specified in the agreement has been violated;
the injured party suffered losses due to the failure of the contractor to provide services, and he refuses to compensate for this;
the service is not provided on time, but the contractor does not pay the fine or penalty stipulated by the agreement.
In accordance with the current legislation, the injured party has the right to file a claim if the services were rendered poorly, with violation of the terms or were not rendered at all. In this case, the customer may also act as a violator. Usually, these are situations when he/she makes payment under the service agreement late or refuses to pay at all.
The claim must clearly state the requirements presented , and in different situations they are not the same (depending on the seriousness of the violations committed). But there is always one task - to achieve full fulfillment of the obligations imposed on the violator.
Read also!
"Non-verbal communication: features of the communication method"
Read more
The contractor most often demands full payment for his work, but the customer may have many more reasons for filing a complaint. Here is an approximate list of demands most often put forward by a dissatisfied customer:
correct any deficiencies (without charging a fee) that occurred during the provision of the service;
compensate the customer for the costs of independently correcting the deficiencies;
terminate the agreement and return all the money;
repeat the provision of the service (without charging a fee) if it is impossible to correct the deficiencies;
if the service is provided poorly, make a payment at a lower price;
to obtain a fine, penalty or other punishment from the contractor, as specified in the terms of the agreement.
If the procedure for rendering a service under a contract is violated, and the customer has already paid (in full or part of the amount), he still has the right by law to demand compensation, and it is not at all necessary that this be stipulated in the agreement. Here, Article 332 of the Civil Code comes into force, according to which the rule applies to any obligations related to the payment of money: the paying party has the right to demand a penalty. The contractor has the same right in relation to the customer if the latter delays payments or does not intend to pay at all.