Claim for a service contract, how to make and what to demand?
Ideally, for the money paid, we should receive a quality service. However, both in the business world and in the lives of ordinary consumers, absolute perfection “without a hitch” is extremely rarely achieved. In which case is a claim for a service contract made? How to make it right and what to refer to?
Foundation - Document
Of course, a claim under a service agreement may also be made if all approvals are carried out orally.However, the chances that it will be possible to recover anything from the unfortunate performer, in this case are negligible. Therefore, first of all (before the start of work) make sure that the contract is made in writing. It should include the basic conditions of performance. These include: terms, cost, responsibility of the parties. In addition, it is advisable to indicate in advance in which case a claim may be filed under a service agreement, which means of satisfaction are implied.Suppose a team of painters had to paint the interior of the house (cafe, restaurant, office) in 2 weeks. In the event that they did not meet the deadlines (they constantly postponed and eventually completed everything a month later), did work poorly or damaged furniture or office equipment, your claim under the painting services contract will be substantiated. But you can only achieve its fulfillment (and therefore, the satisfaction of your requirements) if the conditions have been fixed in writing. If you just hired workers "on parole", it will be very difficult, if not impossible.
Ways to satisfy a complaint
A claim under the contract in case of poor-quality or untimely execution may involve various types of compensation for damage. One of such methods can be the correction in reasonable time of defects and shortcomings. Returning to the example above, we note that you can require painters to repaint the premises in which the work was done poorly. However, the correction of deficiencies is usually performed at no additional charge.Another way in which a claim can be satisfied under a contract is a monetary penalty. Simply put, compensation for moral damage and material costs by the performer who performed the work poorly. Most often, such a measure of protection of rights, first of all, of the client is provided for in the business. For example, if the translator seriously violated the contract (he broke the deadlines, sent the text with a large number of errors and misprints, distributed confidential information), the customer can claim payment of the penalty.
If the client is not satisfied with the performance of the contract, then first of all it is necessary to make a complaint. It is necessary to indicate in it what kind of services and to what extent the complaint concerns. In addition, as a rule, the customer himself offers an acceptable way to satisfy the claim. In the event that the performer ignores or unreasonably refuses to correct the deficiencies, the client has the right to go to court.