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Contract law. Contract agreement (general provisions) (most important)

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43. CONTRACT (GENERAL)

On contract one party (contractor) undertakes to perform certain work on the instructions of the other party (customer) and hand over its result to the customer, and the customer undertakes to accept the result of the work and pay for it. The work contract regulates the process of productive activity, accompanied by the creation of a certain materialized result.

The contract is:

1) consensual - the conclusion of the contract occurs from the moment the parties reach an agreement on its terms;

2) paid;

3) mutual - the existence of subjective rights and obligations for both parties to the contract.

The customer and contractor can be citizens and legal entities.

subject of a contract - the result of the work done.

Contract form - simple writing.

Essential condition contract - term.

Rights and obligations of the contractor:

1) is obliged to perform certain work on the instructions of the customer from his or his materials;

2) is obliged to perform the work in good quality;

3) is obliged to warn the customer in a timely manner that compliance with the instructions of the latter threatens the suitability or strength of the work performed;

4) the work must comply with the requirements of GOSTs, TUs or other regulatory and technical documentation;

5) is obliged to use the customer's material economically and carefully, provide a report on the consumption of the material and return the balance to the customer;

6) is obliged to check the good quality of the material provided by the customer during its fitting;

7) is obliged to take all measures to ensure the safety of the property entrusted to him by the customer;

8) is obliged to provide the customer with information regarding the operation or other use of the item;

9) have the right to demand payment of remuneration when concluding an agreement or an advance payment only in cases and in the amount provided for by law or a work contract;

10) the right to receive remuneration for the work performed.

Rights and obligations of the customer:

1) is obliged to pay remuneration to the contractor;

2) is obliged to accept the work performed;

3) is obliged to inspect the work and in case of detection of obvious deviations from the terms of the contract that worsened the work, or other shortcomings in the work, immediately report this to the contractor;

4) have the right, without interfering with the economic independence of the contractor, to control the performance of work, give instructions on the method of their implementation, specify the requirements for the result, without changing the essence of the task itself;

5) has the right to withdraw from the contract in case of detection of deficiencies and the impossibility of eliminating them;

6) is responsible for violation of the terms of the contract.

Author: Rezepova V.E.

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