Each of us who had the experience of buying materials in bulk, faced with problems such as non delivery of paid-in-time production, delivery of those products is not what you had in mind when ordering, delivery of only part of the order, delivery of damaged goods, many other problems. To learn how you can avoid these problems, says lawyer Oleg Sukhov ("Law Center lawyer Oleg Sukhova").
Thus, each buyer who enters into a relationship with the construction, contractor, supplier, or producing organization must be prepared for the fact that they concluded the contract can not be executed or performed improperly. If not previously come to these risks legally correct, it can cause serious damages to compensate that, even if you do not blame the organization succeed.
To not be in such a very unpleasant situation, you need to be clearly defined its safeguards agreement, first, for a possible pressure on the party violates the contract, secondly, the reason for going to court, meet your requirements, not only the recovery of monies paid , but, more important, damages and penalties.
A personal example of Oleg Sukhov
Let me give a simple example, which took place with my family. Last summer they performed at home and ordered the construction of a slab-floor organization. I gave it a little time to negotiate terms of the contract between my family and the company. The contract, which the organization was originally offered to sign, did not contain absolutely no legal safeguards for consumers, more simply, did not contain anything other than the duties of my relatives to pay the amount of the order, and blurred responsibilities of the company to supply the plates do not know what is not known and not known where in the what time frame. To my question about what it is a strange agreement, Deputy Director General explained that their company's contracts are always under the scheme, with such content, and yet neither of whom had no complaints. After that I put in his daily phrase that I have ever voiced "very sad that our population is still not legally competent, but I and my family to agree to your terms can not."
So, I took the initiative to prepare the contract in hand, ordered, what kind of plates are to be delivered, to what address to which the terms are fully prescribed points of final contract amount of goods with an indication of the inability to increase its value, as I have been prescribed conditions unloading and reception and transmission of plates, in addition to the contract I have entered the penalties (fines) for not delivering plates in a timely manner.
And as time has shown, this was not done in vain. Prior to the stipulated date of delivery is not, the supplier every week promised that the board should come, but it took 6 weeks, summer coming to an end, the workers sat idle, and, accordingly, quietly slithered on the construction site no one left and is on its construction materials became gradually disappear. We should not forget that finding new workers required time, and in addition, construction must be completed before the cold weather, but planned to do this time was no longer possible. My relatives have suffered huge losses, they were in a panic.
I found another company, even the plates were placed at a lower cost for 5 days, the building came to life, for a total of 2.5 months after the date specified in the contract with the company first came to the promised plates, but then were sent back.
I went to court and began to represent the interests of my family, the requirements have been stated as follows: to collect 102,916 rubles (Art. 1102 Civil Code), paid for slabs, fine of 72,000 rubles (Art. 23.1. Law "On Protection of Consumers' Rights ), 30 000 rubles for me, a lawyer (Article 100 Code of Civil Procedure Code), and 102 000 as a penalty to the state (Sec. 6, Art. 13 of the Federal Law "On Protection of Consumer Rights").
In total, the court awarded my family 198,000 rubles, which is almost twice as much as they paid the company, and sought even to the state a fine of 72,000 rubles, so my suit cost negligent, but a major company in nearly three prices obtained from my family money as a result of unprofessional and disorganized work. However, if initially I did not insist on its own terms the supply agreement, there is nothing we would get it was not possible, except for money paid or plates with a substantial delay, and the huge losses sustained by serious problems and poshatannymi nerves.
How to enter into a contract for the supply of building materials
First, if you sign a contract, do not rely on the representations and beliefs of employees that will be all right, because The company supposedly always everything was perfectly fine and will be in the future - experience shows otherwise.
Second, the contract must always be clearly spelled out the goods, to the extent that the sample quality and specifications that you intend to buy and pay.
Third, the contract must always be spelled out terms of performance, these terms must be clear and unambiguous.
Fourth, the contract must specify the final price of the goods and the procedure for payment.
Fifth, the agreement must contain a coherent position on what is its performance, ie who, where and under what circumstances must deliver the goods and pass it.
Sixth, sometimes it is very important to prescribe who should execute a contract with any public assemblies, tools, transportation, and technology.
Seventh, be sure to define the size of penalties (a penalty) to be paid in your favor if not the performance of the contract. The fact that the apparent loss that you feel your wallet with improper performance of obligations of the counterparty, or in court to prove very difficult, or impossible, and the penalty is not necessary to prove, it is simply collected by the court in your favor, and thus pays for damages caused to you .
"And remember, better than you have no one to help, but to protect themselves and their loved ones - it is the duty of everyone, so feel free to do their duty, do not be afraid to be a hero, do not trust outsiders empty assurances. The law gave you the right to defense, get their protection from the moment of signing the contract, and you can not go wrong "- sums up the lawyer Oleg Sukhov.