It would seem that the work contract differs from traditional purchase contract only by paying for already-made product, but that the matter should first need to produce. Although it sounds logical, it's not right. In practice, the difference between the two types of contracts the person knows especially when dealing with complaints. "If you buy a thing that has yet to be produced, and the entire process including material shipped by proceed in accordance with the rules of the contract of sale. Falls into this category, for example, manufacturing of furniture or order confectionery and delicatessen products, "explains Head of Legal Department Dtest Luke Green and continues:" But if you have your material that you intend to leave the process, such as material from which leave sew dresses will be be a contract for work. At that has a labor contractor to prevail over their own material. Also part will always be matters relating to construction. If you let you build a house, it does not matter if it will be the builder of custom or supplied materials, you will always enter into a contract for work. So it will be a renovation of bathrooms, floor repairs or replacement of windows. "
The work is done, if it is completed and handed over. To be considered complete, it must be demonstrated that it is capable to serve its purpose. The car has been repaired to ride in the bathroom should pour water from taps and shower heads when it is released. "Remember that when taking over the work has its responsibilities as well as the client. Completed work must assume, either conditionally or unqualified. Will you take if unqualified, do not have to then be successful in reclaiming obvious defects, "says Green, adding:" So if you order the tiles in the kitchen in red and unconditionally to accept the blue kitchen, we can assume that you are happy. "The consequences of the takeover, mainly concern glaringly obvious defects. However, in order to avoid later disputes, it is of course good, if they are discovered early on as possible. No one on the contrary, can the customer to want to at first glance found that chose the wrong tile adhesive on the tile or mortar mason wrong slurried.
The old legislation, which still survives in the minds of entrepreneurs and customers alike, set by the contract for a six-month warranty period repair things and the three-month period. These provisions without compensation set aside the new Civil Code on 1 January 2014. The statutory warranty or repair work on the de facto exists. That does not mean that it is the contractor can not be arranged in advance and offered by the length of the warranty service at the beginning choose from.
The customer, however, is not completely in the lurch, even when it is not warranted and made the thing breaks. "The work has a flaw, if it is not a contract, thus during its manufacture or assembly was not observed what was agreed, particularly in terms of quality and design. It is important that the contractor is responsible for the defect, which was the case from the beginning, you just did not know about it because it was not apparent. The customer can successfully claim up to two years after the takeover, in the case of buildings up to five years, "says Green and advises:" In the event of litigation it is important to remember that the defect is most criticized immediately after their discovery. "
The specific claims are the Civil Code refers to the provisions of the contract. A distinction is made, whether it is a defect that substantially breach of contract, and which if the customer knew in advance treaty should not concluded, or a defect which constitutes a material breach of the contract is not. "This resolution will be enough based on your agreement when concluding the contract and the commonplace the occurrence of one or another defect, "says Green, adding:" Even your needs according to different types of defects. For those essential applicable requirements of a range of repairs over the rebate perform replacement work after the withdrawal entitled to a refund. For non-defect, you are entitled to repair or rebate. "
Source: tz dTest.cz
