Consumer independent work

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by: advokatu | alimentu
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Word Count: 1022
Date: Fri, 20 Jan 2012 Time: 7:46 PM
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Concept of contract of consumer independent work

Under a contract of consumer independent work, the independent work contractor engaged in a certain business activity shall take an obligation to fulfil in accordance with the order of a natural person (consumer) certain work intended to satisfy domestic or other personal needs of the customer or those of his family, while the customer shall be obliged to accept the result of the work performed and pay for it. The relationships of contracts of consumer independent work which are not regulated by the provisions of this Code shall be governed by laws on the protection of customer rights and other laws related with the protection of these rights.

Guarantees of the customer

The independent work contractor shall have no right to demand inclusion of additional work or services into a contract of consumer independent work. The customer shall have the right to refuse payment for work or services not indicated in the contract. The customer shall have the right at any time before the acceptance of the results of work to dissolve the contract, having paid a part of the determined price commensurate to the work fulfilled.

Granting of information to customer about proposed work

Prior to the conclusion of the contract, the independent work contractor shall be obliged to submit to the customer all the necessary and accurate information related with the proposed work also upon the request of the customer other data related with the contract and the work to be performed. In the event where it is significant due to the character of the work, the independent work contractor must indicate to the customer the specific person who will perform the work provided for in the contract. The customer shall have the right to dissolve the contract without paying for the work performed and claim compensation of damages in the instances where as a consequence of incompleteness or inaccuracy of information submitted by the independent work contractor, a contract was concluded for the fulfilment of work not possessing the properties which the customer had in mind.

Fulfilment of work from materials of the independent work contractor

 If work is fulfilled from the materials of the independent work contractor, the material shall be paid for by the customer when concluding the contract in whole or in a part of the price specified in the contract, with the final payment executed to the independent work contractor after the completion of the work. In accordance with the contract of independent work, the material may be granted by the independent work contractor on credit, also that the customer will pay for the material by instalments.  A change of price of the material granted by the independent work contractor after the conclusion of the contract of independent work shall not entail a resettlement of accounts.

Price and payment for work

 The price of work shall be determined by an agreement between the parties to the contract of independent work.  The work shall be paid for by the customer after the transference of the result of the work by the independent work contractor. With the consent of the customer the work may be paid for by him when concluding the contract in full or by issuing an advance, or the payment may be effectuated later at the time agreed upon by the parties.

Duty of the independent work contractor to notify the customer about the conditions of use of the work fulfilled

In transferring the result of work to the customer, the independent work contractor shall be obliged to notify him of the conditions for its use and the requirements which are necessary to comply with when using the result of the work, also warn about possible consequences for the customer himself and other persons of the failure to comply with such requirements.

 Legal effects advokatai of discovery of defects in the work fulfilled

The demand concerning the elimination without compensation of such defects in the result of the work which may pose danger to the life or health of the customer or other persons may be presented by the customer or his legal successor within two years, and where the subject matter of the contract was a building, installation or any other construction works, within the period of ten years from the moment of acceptance of the result of work unless a more extended period is determined by laws or the contract. Such demands may be presented irrespective of when these defects were discovered, likewise if they were determined after the expiry of the guarantee period.  In the event of the failure of the independent work contractor to fulfil the demands specified in the preceding Paragraph, the customer shall have the right within the same period to require either the return of part of the price paid for the work or compensation for expenses incurred by him for the elimination of the defects.

Legal effects of the failure of the customer to appear for receipt of the results of work

 In the event of the failure of the customer to appear for the receipt of the result of work fulfilled or other evasion from the acceptance thereof, the independent work contractor shall be obliged to warn the customer in writing of his duty to accept the result of the work. In the event of the failure of the customer to take over the result of the work within two months from the date of the warning indicated in the preceding Paragraph, the independent work contractor shall have the right to sell the subject matter of the contract for a reasonable price and to deposit the amount received, less all payments due to him, in the name of the customer into depository account of the notary, bank or any other credit institution located in the place of residence of the customer.

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