Sample claim for discovering deficiencies in the work performed

Claims regarding plastic windows increasingly arise in the work of our consumer rights lawyer, which is why it is so important to know your rights.

Where can I complain about poor-quality window installation in my home? Let's figure it out.

Many people believe that concluding a contract before starting cooperation can be considered a guarantee of the company’s integrity. This, indeed, is additional insurance when protecting rights, but in fact, very often the agreement does not become an obstacle if the terms are violated.

A claim regarding windows against the developer may arise for the following reasons:

• failure to comply with the work deadlines specified in the contract;
• refusal to fulfill the terms of the contract;
• refusal to return money for poorly performed work;
• inclusion in the contract of provisions that infringe on the client’s rights

If windows were installed poorly in a room, this is a reason to demand:

1. eliminate defects free of charge;
2. reduce the cost of work;
3. replace window systems free of charge (in this case, the consumer returns windows to the company whose quality he is not satisfied with);
4. reimburse the costs that the consumer incurred when eliminating the defects on his own.

What to do if the window company has not fulfilled its obligations?

It is best to carefully consider, even at the stage of discussing the details, whether a particular company inspires trust. And even after the deal has been finalized, there is often an opportunity to terminate cooperation. For example, if in the first days it is clear that the company is violating the terms and conditions of the agreement, there is nothing left but to terminate the contract for the installation of plastic windows at the site. But what should you do if, after completing the work, it becomes clear that the company acted in bad faith?

The main way to protect rights in this case is a claim for plastic windows (sample consumer claim) - a document that indicates the cause of the conflict and suggests ways to eliminate it.

What to do if the problem is in the windows themselves

If the essence of the problem is in the profile structures themselves, and not in the quality of their installation, it is recommended to act in a similar way - verbal appeal and writing a complaint in case of refusal to resolve the issue. However, there are cases when a claim must be written immediately:

• windows, the sample of which in the company’s showroom differs from the models delivered to the site;
• profiles have a gray tint or yellow spots with streaks;
• The fittings work disgustingly, and traces of corrosion are visible on the surface of the mechanisms.

Such problems usually occur when the seller decides to deceive the buyer. In such situations, it is better not to give time and opportunity for maneuver, but to immediately take tough actions. The first of these is a claim sent by registered mail.

How to write a claim for windows?

This document states:

• personal data and contacts of the person making the complaint;
• the essence of the conflict with a detailed description of its causes (defects, violations);
• requirements (compensation, free work, price adjustment);
• deadline for fulfilling requirements (this is 10 days)
• date and signature

The claim is drawn up in two copies, one of which is handed over to the violator, attaching copies of checks, receipts, contracts that are related to the subject of the conflict. If the claim is not accepted, you must go to court. However, practice shows that this is rarely done - usually the company satisfies the claim. That is why this method is optimal if it is important to protect your rights and receive the service in full!

Where can you complain about poor-quality installation of windows, other than the contractor himself and complaints against him, you can complain to law enforcement, if you encounter scammers, to Rospotrebnadzor, to the court.

USEFUL: watch the video on how to file a claim, write your question in the comments of the video to receive FREE legal advice on your situation

Sample complaint for poor quality installation of plastic windows

When submitting a complaint to the contractor, you must attach copies of sales receipts and the contract, and it is also recommended to insure yourself in case the complaint is ignored. In this case, under favorable circumstances, an important document will turn into useless paper. To avoid this, it is best to send your claim by registered mail. In this case, the delivery service will be able to confirm delivery of the complaint if necessary.

When submitting a claim, it would not be superfluous to remind you that the next stage of solving the problem is litigation. Such information has a sobering effect on contractors, since they immediately understand how far the client is ready to go in defending their consumer rights.

What to do if you were deceived when ordering windows?

In practice, there are cases when a citizen wants to save money, and therefore hires people who do not work in a window installation organization. The contract is not concluded in order to save money, and it’s just laziness, laziness to do everything correctly from a legal point of view, protecting yourself with the deal.

So, a citizen found through an advertisement that in his area there is a master Ivanov who will install plastic windows with high quality, quickly and inexpensively. When we meet, Ivanov asks to pay the money in advance, and then gets to work, and in the process, he doesn’t install everything correctly, the window doesn’t stand, or better yet, it might fall out, and disappears with your money. Or there is another scheme, it is also designed for people who do not understand windows, the master after he has established contact with you.

He gains your trust and tells you that if you don’t change the glass, it will burst, or that the slope is wrong, and the window sill needs to be changed, and it turns out that you spend 5-7 thousand rubles when you could do everything make it for 500 rubles. There is also a situation when an organization deceives you, it has exactly the same scheme, only then, when you want to present them with a demand to correct it, the organization does not exist, and it never existed at all, or it was liquidated, they also deceive in the field of lending, consumer protection in the field of lending. If such a problem arises, then you should contact the law enforcement authorities at the place where the crime was committed. Within a certain time, your application is verified and the issue of initiating a criminal case is decided. what else can be done?

1. Submit an application to Rospotrebnadzor regarding violations of the installation of plastic windows with defects, as well as about existing methods of protecting consumer rights from unscrupulous companies.
2. A court case. Another way is, of course, the court; solving your problem through justice is longer, but the result is worth it. A statement of claim for the protection of consumer rights is drawn up in court, the persons (plaintiff and defendant) are indicated in it; there is no need to pay a state fee, since it is not paid for the protection of consumer rights. In the descriptive part, you refer to the date of conclusion of the contract, the amount you paid, how it was accepted, what documents in addition to the contract were signed, and within what time the contractor had to fulfill his contractual obligations. After this, you refer to regulations. You also have the right to request payment of a fine from the full amount of the contract, because there was no response to the claim or the claim was left unsatisfied, you can ask for a penalty of 3%, and moral damages.

During the course of the case, the court will decide how to satisfy the requirements. It all depends on the plaintiff's evidence base. After making a decision. We wait for it to enter into legal force within 30 days from the date of the reasoned decision, and we receive a writ of execution and send it to the bailiff to collect funds. Also see returning a low-quality phone (follow the link for more details).

Claim against the manufacturer for poor quality goods

Home » Documents » Agreements » Claim against the manufacturer for poor quality goods

Sample claims

ATTENTION! Look at the completed sample claim for shoe defects:

You can DOWNLOAD samples of claims against the manufacturer using the links below:

How to file a complaint with the manufacturer of a product

According to the Law “On Protection of Consumer Rights”, the consumer may submit claims regarding poor-quality goods to the manufacturer of the product. However, the list of requirements in this case is narrower than the claims that can be sent to the seller.

The buyer can submit a claim to the manufacturer of the product at his own discretion, since there is not always an agreement between the store and the manufacturer.

It is possible that the seller himself sells a product with defects, and the manufacturer knows nothing about it. Moreover, this factor will play a big role in the distribution of financial responsibility for the sale of defective goods.

Attention! When a claim is sent directly to the manufacturer of a defective product, the following information must be provided:

• full name of the manufacturer's organization, position and name of its manager;
• contact and personal information of the applicant for further communication;
• document name – “Claim”;
• an indication of the problem with a presentation and detailed description of the circumstances of the problem;
• it is required to make reference to the provisions of the law that allow filing a claim and establishing the fact of a violation;
• a requirement that must be formulated within the limits permitted by law;
• date of compilation and personal signature of the applicant.

An annex must also be drawn up, which is a list of documents attached to the claim.

To submit a claim, the manufacturer will need to provide proof of the transaction. This can be done by providing a sales receipt, warranty card or other document providing for warranty repair of the product.

The list of requirements that can be put forward to the manufacturer of the product is limited and includes the following provisions:

• elimination of product defects at the expense of the manufacturer, or reimbursement of expenses incurred by the consumer;
• replacing a low-quality product with an analogue of good quality;
• refund of the money that was paid for the product and transfer of the product back to the store or directly to the manufacturer.

Often such disputes are resolved through the store, which acts as an intermediary. But if the claim is made specifically for the manufacturer, then it is necessary to contact him directly, otherwise the procedure may be delayed.

Sequence of actions when compiling

Before drawing up the text of the claim, you need to assess the situation that will allow or, on the contrary, will not allow you to put forward the necessary requirement to the manufacturer:

• the consumer must establish exactly what the purpose of filing a claim is, that is, formulate a specifically defined requirement;
• it is required to substantiate the claim, that is, to prepare evidence of how the defects of the product were discovered, when the transaction was concluded, and so on;
• preparation of documents also plays a role, since without confirmation of even the very fact of purchasing the goods, it will be impossible to demand reimbursement of expenses or a refund.

It is also always necessary to determine exactly what kind of damage has been caused and what options for resolving the conflict are possible. All this must be included in the text of the claim.

Attention! Our qualified lawyers will assist you free of charge and around the clock on any issues. Find out more here.

Text requirements

In order to correctly compose the text of a claim, you need not only to rely on the rules presented above, but also to take into account the requirements for drawing up the document:

• The style of presentation of information should be formal and businesslike. There should be no artistic techniques, personal assessments, obscene language, and so on;
• If you have the manufacturer's letterhead, it is better to draw up the document on it. However, there are no strict requirements regarding the form of the claim; the only rule is that the document must be in writing;
• the text should be brief, but reflecting all the circumstances. Events should be presented sequentially, with references to evidence;
• You should always make reference to the contract, law and other acts regulating specific relations.

In which court to file a claim for consumer protection, read here.

The claim allows for the inclusion of such a clause as the possibility of going to court if the manufacturer does not fulfill the consumer’s demand.

Watch the video. Consumer rights Protection:

How long does it take to accept a product quality claim?

If defects are found in the product, the buyer has the right to contact the manufacturer directly within a period not exceeding the warranty period. If there is no expiration date or warranty for a specific product, then according to the general rule of the Civil Code of the Russian Federation, the consumer can submit claims within two years from the moment the defects are discovered.

The expiration date applies to food products; warranty periods are provided for non-food products. Here the difference manifests itself at the moment when the deduction of terms begins. The moment of manufacture of the goods is important for suitability; for the guarantee, the moment of transfer of the goods to the buyer is important.

Notice! Consumers should also pay attention to a number of important points for getting a refund:

• When a purchase is made via the Internet, regardless of the delivery time, the warranty period will be calculated from the moment the consumer receives the goods. The delay will be taken into account in the guarantee only if the receipt of the goods was difficult due to the fault of the buyer;
• When seasonal goods are purchased, the warranty period will begin to count from the start of the specific season.

Often, some products provide different warranty periods with components. If the product warranty expires, but the components do not, then the buyer has the right to contact the manufacturer only in terms of replacement or repair of the relevant elements, and not the main product.

How to send a letter

Attention! Submitting a claim can be made in one of several ways:

• personal transfer of the document to the manufacturer, which is often difficult;
• Email;
• Fax;
• post office;

It also allows for the involvement of a third party as a representative. This will require a power of attorney.

A simple and accessible way for every consumer is e-mail or fax. The use of Russian postal services is considered a reliable method, since a registered letter is sent with notification of receipt by the addressee, which guarantees delivery of the document.

However, mail requires a lot of time, which is not always convenient for the consumer. It is also possible to use two methods at once, for example, sending a claim by e-mail so that the addressee can read it, or sending a document by registered mail.

Manufacturer response time

The response to the claim must be sent by the addressee no later than thirty days from the date of receipt of the document. The delivery time of the letter will not be taken into account when using Russian Post services.

The legislator allows the thirty-day period to be reduced in the following situations:

• when sending a complaint to the seller, the response period is reduced to ten days under the Law “On the Protection of Consumer Rights”;
• if the disputes involve MTPL issues, then the response to the claim should arrive no later than five days;
• The law allows for the establishment of a deadline for responding to a claim by agreement of the parties. Such conditions must be specified in the contract.

Also, in the absence of an agreement, it is possible to determine the response period immediately after assessing the situation, which may require either a reduction in the period under consideration or an increase.

What to do if the manufacturer does not respond

Filing a claim is a prerequisite before going to court. You can file a claim against the manufacturer if the requirements have not been met or the claim remains unanswered. The applicant can apply to the court at his place of residence, since the case concerns consumer protection.

The claim must also contain all the circumstances, shortcomings, information about compliance with the claim procedure, and consumer requirements. You can also recover a penalty from the manufacturer if the deadline for responding to the claim was missed.

If even after the court decision the manufacturer does not return the money, then you should then contact the bailiffs, who will forcibly recover the funds.

ATTENTION! Look at the completed sample statement of claim to the manufacturer:

Watch the video. Sample claim for consumer protection:

Violation of deadlines for window installation services

If the terms for installing windows are violated, the contractor is liable in accordance with Article 28 “On the Protection of Consumer Rights”, the customer has the right: to set a new deadline, to entrust the work to third parties (that is, to contact another organization so that they complete the work, and the customer in turn, will pay, or do it yourself, demand payment of the costs incurred, demand a reduction in the price of the order.

You can also demand compensation for losses due to violation of the order, and demand a refund by refusing to fulfill the contract. All of the above is compiled in writing and sent to the customer, so that in the future, if your requirement based on the law is not met, you can go to court.

What should you do if your windows were installed poorly or the installation deadlines were missed? (your rights)

I would like to immediately refer to the legislation that a consumer can follow if he has received a poor-quality service for the installation (installation) of plastic windows, and this legislation also regulates the relationship between the customer (consumer) and the manufacturer (installer) of windows:

• Civil Code of the Russian Federation;
• Law on Consumer Protection;
• Decree of the Government of the Russian Federation of August 15, 1997 N 1025 (as amended on October 4, 2012) “On approval of the Rules for consumer services in the Russian Federation.”

To begin with, of course, you need to decide what the problem is and then understand what requirements you can make on the basis of the Consumer Rights Protection Law.

If the installation (installation) deadlines are violated, for example, you made an advance payment, and the organization delays the production and delivery of windows, or the installation of windows was not carried out within the deadlines established by the contract.

Poor installation of windows, as well as questionable quality of the windows themselves. Windows may contain defects, that is, defects that affect both the appearance and functionality of the windows. The installation work on the windows was carried out poorly. In the process of using windows, hidden shortcomings were revealed.

Actions of the consumer in case of poorly performed work

Refusal of plastic windows

You have concluded an agreement, but suddenly you realize that you do not want these windows, but want to return the money. Cancellation of the contract is possible only taking into account the costs incurred. Here it is important not to launch your refusal, that is, you paid, and the next day you decided to refuse, then do not think that the order will be completed, and you decided to refuse to refer to that. That the windows are not installed. This means you have the right to refuse. Erroneous judgment. The faster the better. Because the contractor will prepare the windows and will spend money on materials accordingly.

If the windows that you ordered do not correspond to the windows that were delivered, then you can refuse the contract, since the order was not completed properly, or set a deadline for the contractor to correct the windows.

Work quality control

Compliance with its standards guarantees long service life of window structures. Incorrectly installed plastic windows will already begin to cause inconvenience and deprive you of comfort after 2-3 months. Not all defects can be detected immediately (blowing, gaps, shrinkage). But it’s still worth protecting yourself from unnecessary expenses by competently completing the installation procedure. Make sure that in the installation contract the company indicates the following regulatory documents governing the implementation of procedures. For example, GOST 30971-2012 “Installation seams of junctions of window blocks to wall openings.”

Violation of the terms of the agreement may give rise to legal proceedings. For example, if the company refuses to carry out timely adjustment of windows in summer/winter or does not correct detected defects.

At each stage of installation of window structures, workers can make a number of mistakes due to:

• lack of knowledge of the technology for preparing openings and installing structures;
• desire to save on material.

We propose to consider the most common mistakes at all stages of installation, which also relate to non-compliance with the general requirements for the procedure.

Sample statement of claim for a refund for poor-quality windows

To the Zheleznodorozhny District Court

Ekaterinburg, Sverdlovsk region

Plaintiff:

Defendant: Limited Liability Company "Steklobom"

Claim price:

132,222 rubles 22 kopecks

STATEMENT OF CLAIM

about a refund for window installation

A contract was concluded between me and the defendant, the subject of which is the manufacture and installation of translucent window structures at the address in Yekaterinburg.

The price of this agreement is 109,000 rubles.

For the completion of the necessary work, I made an advance payment in the amount of 100,000 rubles to the defendant. Afterwards I deposited an additional 6,180 rubles.

According to clause 4.1 of the contract, the period for performing work under the contract should not exceed 15 working days from the date of receipt of the prepayment to the contractor’s bank account. Taking into account the prepayment, the work by the defendant should have been completed no later than December 27, 2013. However, on December 27, the installation of the structures was not carried out due to the bay window openings not matching the production. Meanwhile, the old bay window was dismantled. Due to the absence of any installation on the window, the winter season, I was forced to order material for their insulation, as well as pay for the work on its installation, which caused me losses in the amount of 6,000 rubles.

The work under the above contract was carried out with a large delay. During the operation of the installed window structures, the following defects were discovered:

• non-glazed opening to the street with an area of ​​9 square meters;
• absence of slopes and ebbs;
• there is no vapor barrier;
• no waterproofing;
• the installed windows are skewed by 6 millimeters;
• instead of ebb tides, edges of the same window sill are installed on the balcony.

In connection with the identified significant defects, I contacted Steklobum LLC with a demand to eliminate the violations of the terms of the contract. However, to date, these shortcomings have not been eliminated.

In order to establish a complete list of non-compliances with the standards of production of the type of work in question, I contacted the Non-state expert organization Limited Liability Company ANSE "Expertise". Based on the results of the expert study, the following was established:

1. all window structures were installed in violation of GOST;
2. the brick surfaces in the window openings are not prepared, there is an influx of cold air from the street between the mounting foam and the wall;
3. there is no moisture vapor barrier on the inside;
4. in the window contraction facing Lunacharsky Street, there is an influx of cold air between the frame-glass seals, the frame-opening sash;
5. there are no ebbs on the balcony, the installed window sills (instead of ebbs) are warped;
6. window structures facing the courtyard are skewed by 6 millimeters;
7. when installing window structures in the bay window, the external slopes were destroyed;
8. all window structures have vertical deviations from 0.5 to 2 centimeters;
9. internal slopes are made at different angles;
10. There is no foaming under low tides.

I paid 15,000 rubles for conducting this study.

By virtue of paragraph 1 of Article 721 of the Civil Code of the Russian Federation, parts 1 and 2 of Article 4 of the Law of the Russian Federation “On the Protection of Consumer Rights”, the quality of the work performed by the contractor must comply with the terms of the contract, and in the absence or incompleteness of the terms of the contract, the requirements usually imposed on the work of the relevant kind. Unless otherwise provided by law, other legal acts or a contract, the result of the work performed must, at the time of transfer to the customer, have the properties specified in the contract or determined by the usually imposed requirements, and within a reasonable period of time be suitable for the use established by the contract, and if such use is not is provided for the normal use of the result of work of this kind.

Of course, the quality of the work performed by the defendant does not meet the requirements usually imposed on work of this type, because in the presence of the above deficiencies, further normal operation of the installed structures is not possible.

By virtue of paragraph 1 of Article 29 of the Law of the Russian Federation “On the Protection of Consumer Rights,” the consumer, upon discovering deficiencies in the work performed, has the right, at his own discretion, to terminate the contract and demand, in particular, compensation for the expenses incurred to eliminate the deficiencies in the work performed on his own or by third parties.

Carrying out work in violation of GOST requirements resulted in material costs to me - losses, in particular, for insulating windows, carrying out an examination, drawing up a pre-trial claim in the amount of 6,000, 15,000 and 2,000 rubles, respectively. These funds are subject to recovery from the defendant as a consequence of improper fulfillment of obligations under the contract.

Amount of debt: 106,180 (price of the contract) + 6,000 + 15,000 + 2,000 (losses) = 129,180 (rubles). Delay period from 03/30/2014 (claim dated March 19 + 10 days for voluntary execution) to 08/15/2014: total 139 (days)

Refinancing rate: 8.25 (%)

Total: 129,180 * 139 * 8.25 / (360 * 100) = 4114 rubles 92 kopecks.

I sent a claim to the defendant demanding termination of the contract and compensation for damages caused. However, to date, no actions have been taken by the defendant to resolve the disagreements that have arisen; the consumer’s demands have not been voluntarily satisfied. In this connection, a fine is subject to recovery from the defendant.

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A poorly installed bay window causes me numerous physical and mental suffering every day. After all, the previously mentioned disadvantages are the reason for the low temperature in the apartment and the presence of constant noise of blowing cold. The appearance of the installation also evokes exclusively negative emotions (photo appendices to the expert opinion). I estimate the moral damage caused to me by unlawful actions by employees of Steklobom LLC at 100,000 rubles.

Based on the above, guided by paragraphs 34, 45, 46 of the Resolution of the Plenum of the Supreme Court of the Russian Federation “On the consideration by courts of civil cases in disputes regarding the protection of consumer rights”, paragraphs 2, 3 of the Resolution of the Plenum of the Supreme Court of the Russian Federation and the Plenum of the Supreme Arbitration Court of the Russian Federation dated 08.10.1998 year No. 13/14, Resolution of the Presidium of the Supreme Arbitration Court of the Russian Federation No. 5451/09 dated September 22, 2009, articles 15, 309, 310, 395 of the Civil Code of the Russian Federation, articles 4, 15, 29 of the Law of the Russian Federation “On the Protection of Consumer Rights”, articles 131, 132, 98 of the Civil Procedure Code of the Russian Federation,

ASK:

• To recover from the Limited Liability Company "Steklobom" in favor of the Plaintiff the funds paid under the contract in the amount of 106,108 rubles.
• To recover from the Limited Liability Company "Steklobom" in favor of the Plaintiff the damages caused in the form of window insulation production in the amount of 6,000 rubles.
• …

Date, signature

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What to do if your plastic windows were installed with defects?

Installing plastic windows and doors does not always lead to the results that the customer plans. Either the plastic turns yellow after a couple of months, or after installation, cracks appear along the frame... Otherwise, the money has been paid, but the ordered plastic structures are still not there. from the Roskontrol
Consumer Union tell us what to do in cases where problems arise with PVC windows and balcony doors 1. The first thing to do is to determine the type of problem, lawyers advise.

The most common problems associated with the purchase and installation of PVC windows and doors are of two types:

·Violation of deadlines

1. You have made an advance payment, but the contractor is delaying the production and delivery of the PVC windows and doors you ordered.

2. The contractor missed the agreed deadlines for the installation of plastic structures.

Important

! If the problem is related to deadlines, then the claim should be written to the person who violated the deadlines.

·Product defects or installation defects

1. The ordered goods (windows and doors) were delivered on time, but it turned out that they were defective.

2. Installation work was carried out on time, but was carried out poorly.

3. During the operation of windows and doors, hidden manufacturing defects were revealed.

Important!

If the problem is related to defects, in the first case you file a claim with the seller. In the second - to the performer. In the third case, when the defect manifests itself over time, it is not always immediately clear who is to blame. Either it’s a manufacturing defect, or it’s your fault and you misused the product. Either the deficiencies of unscrupulous installers bore fruit.

In the latter option, it is better to conduct an independent examination to ensure that the seller or contractor is at fault. And in addition, assess the exact extent of the damage.

2. Conduct an examination

If the product has a manufacturing defect, or there are installation defects, but the manufacturer/performer refuses to take responsibility and eliminate the defects, conduct an independent examination that will confirm that the quality of the product or service does not meet the stated standards.

·Having found out with the help of experts who is really responsible for a particular problem that has arisen, file a complaint with the person responsible.

·If the defect is of a manufacturing nature, then contact the seller.

·If this is an installation defect, then contact the company that installed plastic structures in your apartment or office.

Important.

Defects are not always non-functional fittings, unsealed gaps between the wall and the window unit, or cracks in the plastic. Low quality materials used in the manufacture of plastic windows and doors can become a source of dangerous toxic substances - for example, phenol or formaldehyde. If their content exceeds the maximum permissible concentration (MPC), this is also a reason to file a claim with the seller with a requirement to eliminate the deficiencies and compensate for moral damages.

3. Write a complaint

·Write a claim addressed to the management of the company with which you entered into a purchase and sale agreement or an agreement for the manufacture/installation of windows.

· Indicate in the complaint to whom and from whom it is written, indicate the date of writing, indicate the essence of your complaint and your requirements.

· Make a claim in 2 copies. Keep one of them, signed by the management of the selling company (performer).

·The company refuses to accept the claim? Send it by mail, registered mail. The document will be delivered directly to the addressee. Postal employees will be able to confirm the date of delivery of the letter of claim (this will be required during legal proceedings).

·Attach evidence to the claim - copies of receipts, warranty cards, a copy of the contract for the purchase of goods or services (a certified copy of the expert opinion, if available).

· If the claim is refused or left unanswered within 10 days, contact the supervisory authorities (Rospotrebnadzor) and file a claim in court.

Be careful when concluding a contract

Often, customers read the sales contract or work contract inattentively. Then, when complaints arise regarding the quality and installation of products, corresponding problems arise. To avoid them, the contract must stipulate:

· Subject of the agreement. (What exactly are you buying? Is it buying a finished product or making windows and doors to your measurements).

·Order cost, advance amount, payment procedure and terms. (If the deadlines are not specified, difficulties will arise when calculating the penalty).

·Exact dates for the beginning and end (execution) of the contract. It is good if intermediate deadlines for completing individual stages of work are indicated.

·What services are included in the price. Usually these are conditionally free measuring services and delivery of finished products to your address. If there are no such items, be prepared to pay extra for them in the future.

·Guarantee period. If it is not there, refuse the work or product of this company.

Attention!

Most often, one contract is concluded for three types of work at once: for the manufacture, supply and installation of plastic windows. This agreement is a mixed purchase and sale agreement and a household contract. If a company installs its products itself, this is normal, since all possible claims will be presented to one addressee.

Important!

· The seller and the performer may be different. If the seller does not carry out the installation himself, but recommends a subcontractor to perform the installation work, a separate contract for the work should be drawn up with the latter. Such an agreement must contain the name and location (legal address) of the contractor’s organization; type and timing of the service, its price; warranty periods; a note indicating that the consumer has paid the funds; a sketch of the products signed by the parties indicating the dimensions; the position and signature of the person who accepted the order, and also the signature of the buyer.

·If you are not satisfied with any clause of the contract, request changes. Do the company's employees assure you that changes cannot be made to the contract? Lie. This cannot be done only if the contract is classified as public.

·Keep one copy of the written agreement signed by both parties at least until the end of the warranty period. Also keep all attached documents, incl. sales and cash receipts.

In addition, at the stage of concluding the contract, ask the seller (manufacturer, etc.) to show documents confirming the safety of the materials

, used in the manufacture of window structures (declarations of conformity (for windows), hygiene certificates).

Your rights in case of failure to meet delivery or installation deadlines

Have you encountered a problem such as violation of deadlines for completing work under a contract for the manufacture and installation of plastic windows? The seller or performer is required to pay a penalty for each day of delay.

Delivery times for plastic structures from the manufacturer/seller to the buyer have been violated:

·According to paragraph 3 of Art. 23.1 of the Consumer Protection Law

, in case of violation of the deadline established by the purchase and sale agreement for the transfer of prepaid goods,
the seller pays the buyer a penalty - 0.5%
of the amount of prepayment of the goods for each day of delay.

· The penalty is collected from the day when, according to the purchase and sale agreement, the transfer of the goods to the consumer should have been carried out, until the day of the actual transfer of the goods to the consumer or until the day the consumer’s demand for the return of the amount previously paid to him is satisfied.

· However, you should not think that the longer the seller does not give you your order, the greater the amount of the penalty you will receive. By law, the amount of the penalty cannot exceed the amount of advance payment for the goods.

If the goods are delivered on time, but the installation deadlines are violated, the penalty is calculated differently:

·According to Part 5 of Art. 28 of the Law on Protection of Consumer Rights,

in case of violation of the established deadlines for completing the work, violation of the new deadlines assigned by the consumer for the completion of the work,
the contractor is obliged to pay the consumer a penalty in the amount of 3%
of the price of the work for each day of delay. For each day, starting from the day when, according to the contract, the work should have been performed until the day the work was actually completed, including by court decision

The amount of the penalty collected by the consumer cannot exceed the total penalty for completing the work.

If defects are found

·Obvious manufacturing defects

visible already during delivery.
For example, the surveyor took incorrect measurements and the windows do not match the openings. Either the fittings do not work properly, there are cracks in the glass unit, etc. When accepting the window, make sure that there are no visible defects on it, check that the window or balcony door closes and opens without effort. If you see any shortcomings, indicate them in the acceptance certificate.
Hidden defects

appear after installation. It takes time to truly evaluate the consumer qualities of windows and doors and the quality of installation for the presence of hidden defects. Only over time may the color of the profile change, or cracks may appear, preventing the tightness of the window unit.

Important!

Windows are usually installed in the summer. And most of the hidden defects appear in winter, when it becomes clear that the window units do not meet their purpose of protection from the cold, and not just from noise and dust.

In accordance with Article 18 of the Law on Protection of Consumer Rights,

Having discovered shortcomings in the work performed (service provided), you have the right to demand that these shortcomings be eliminated immediately and absolutely free of charge.

·You may request a commensurate reduction in the purchase price.

·Also, if you eliminated the defects yourself or by involving third parties, you can demand compensation for the costs you incurred to eliminate the defects.

·If the shortcomings are significant, feel free to demand termination of the contract and the return of funds paid under the contract.

Did the performer make an attempt to correct something after your comments? Be sure to ask him for documentary evidence that the deficiencies have been eliminated.

If defects are found in the installation work of metal-plastic structures, then in accordance with Art. 29 and 30 of the Law on the Protection of Consumer Rights, in addition to the above, you can set a reasonable period that you are willing to give the contractor to eliminate the shortcomings, for example 7-14 days.

If the deficiency is not corrected within the time limit set by you, then the contractor will be charged a penalty of 3% for each day of delay.

Important! Having discovered any deficiencies, send a claim to the contractor, indicating your requirements for free elimination of the defects in the work and the deadline for such elimination.

If the deficiencies are not corrected, file a claim in court.

09:00, March 26, 2021, Sunday / 8455 / SOCIETY Follow us on social networks

PARTNER NEWS

Drawing up a claim for plastic windows in Yekaterinburg

Installation of plastic windows is one of the most popular services today. It is not surprising that there are many companies on the market offering such a service, but the level of work of many of them is unsatisfactory. And even the existence of an agreement sometimes does not save from conflicts. How to refuse an order of plastic windows? What to do if the company has not fulfilled its obligations?

To draw up a claim, complaint, or lawsuit, you will need the help of our professional lawyers at the law office. They will help you solve your problem, and the culprits will be punished in accordance with the law.

Author of the article: © lawyer, managing partner of the law firm “Katsailidi and Partners” A.V. Katsaylidi

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Nuances of conducting an examination

If workers installed the windows incorrectly, the following shortcomings will be identified:

1. The corners of the window are fixed at a distance of 1.5 cm from the wall , because When exposed to sunlight, the material that makes up the glass unit gradually expands.
2. the mounting assembly is tightly adjacent to the parts of the window so that cold air does not enter the empty chambers. If there is blowing from the glass unit, it means that it is installed incorrectly. In addition, the main advantage of PVC windows is lost - heat preservation.
3. Incorrect installation of the connecting angle. It is made in three layers, each of which performs its own function. The first protects from external influences, the second retains heat, and the third regulates evaporation. The repair crew may ignore installing all of them and leave only two, or in the worst case, one layer.
4. incorrect installation of fittings. The sashes sag over time and if the defects are not corrected in time, you will have to replace the window completely. By the way, this is one of the most common installation mistakes.
5. window work will not be completed if the steel reinforcement is not installed correctly , the seal moves away from the edges and the frame gradually sag.

It is important not to delay the examination. Even small shortcomings will be recorded, and the citizen will have a report in his hands that can be presented to the head of the brigade or appealed to them in court. The results are attached to the claim for poor-quality installation of plastic windows.

Builder's warranty on windows. Factors voiding warranty obligations

After the new house is put into operation, its main elements are covered by a 3-year warranty. It states that the developer undertakes to eliminate at his own expense deficiencies (arising through his fault) provided that the residents did not carry out any work that would affect the functioning of the faulty elements. In addition to such work, the following factors may be the reasons for refusal to repair faults under warranty:

• Violation of technology by residents when performing plumbing work, installing and using household appliances and equipment.
• Violation by residents of the rules for the use of premises in residential buildings and the operation of real estate.
• The end of the service life of the structure, calculated according to the relevant standards and GOSTs.
• If, due to an accident or other unforeseen events, residents interrupted or changed the standard mode of operation of heating, ventilation, gas supply, and wastewater systems.
• If elements have failed, the serviceability of which was initially confirmed by the residents, and problems arose during operation.

Law 214-FZ gives participants in the shared construction of apartment buildings the right to a minimum 5-year warranty on the main structural elements of the building. The developer's warranty on interpanel seams and roof is valid for 10 years.

Thus, it is better not to delay contacting the developer if the quality of the installed windows does not suit you.

Good reasons to contact a developer

Windows in a new building freeze or fog up

Among the factors that cause windows to freeze in new buildings, the most common are the following:

1. Lack or improper organization of ventilation. Insufficient air exchange causes an increase in humidity in the room and the formation of condensation on the glass, which freezes upon contact with a cold surface.
2. Large width of the window sill or absence of heating devices in the immediate vicinity of the window. Heating radiators are installed next to windows to prevent their surfaces from freezing in severe frosts. In the absence of heat sources or insufficient heating due to wide window sills without ventilation grilles, there is a high probability of double-glazed windows freezing.
3. Errors during installation - distortion of the structure, loose fit or sagging of the sashes, incorrect location in the opening (protrusion too far towards the street).
4. The room is equipped with windows with inappropriate characteristics. In regions with strong winds and frost, windows with single-chamber double-glazed windows, thin profiles or seals will freeze, even if they are installed according to all the rules.
5. The fittings have not been adjusted - before the cold weather arrives, you need to switch the windows to winter mode, that is, increase the force of pressing the window sash to the frame.
6. The temperature in the apartment is not high enough. If it is cold both inside and outside, the windows will definitely freeze.
7. The structure is not airtight - the window system has cracks, gaps, and the glazing bead does not fit tightly.
8. The material used to seal the joints has worn out and allows cold air and moisture from the street to pass through.
9. The seal has dried out, cracked or damaged, and therefore the cold penetrates into the apartment through the formed holes.

Blowing from the windows in a new building - contact the developer

If a room in a new house is equipped with windows with defects, or if blowing of window structures is detected, you need to act immediately. The first step is to draw up a claim and send it to the developer in an official letter with notification and inventory. The claim must include the following points:

• The reason for the appeal is a detailed description of the identified deficiencies and, preferably, their photos;
• The requirement to eliminate defects free of charge within a specific period of time or to pay for services to eliminate them by the owner;
• Request for compensation for moral costs (if necessary).

If the developer ignores the request and fails to respond within the specified time frame, you need to draw up a statement of claim and file a lawsuit against the company.

Contract for installation of products

Document type: Construction contract

To save a sample of this document to your computer, follow the download link.

Document file size: 22.0 kb

Let's consider plastic windows as a product item. Recently, the installation of plastic windows has become quite popular. Products and, in particular, windows made of this material have a wide range of advantages. Before signing a contract for the production and installation of plastic windows, you should study all the details of the agreement. Thus, you can practically be sure that all work will be completed efficiently and on time.

Mandatory clauses of the contract:

• subject – production and installation of plastic windows;
• sides. One side is the customer, and the second, accordingly, the performer;
• rights of the customer and performer;
• responsibilities of the customer and the other party to the contract.

In addition, points such as force majeure should be mentioned. A separate paragraph prescribes the algorithm of actions in case of their occurrence.

Responsibility of the parties

Each party bears financial responsibility for violation of the terms of the agreement. For example, this could be the payment of a fine, which will amount to some percentage of the contract amount. Or it could be shortcomings in the activities of one of the parties. There is also responsibility for them.

End positions

At the bottom of the agreement, bank details and addresses of individuals or legal entities are indicated. Next, the contractor and the customer must put their signatures.

Contract form for installation of products

Sample contract for installation of products (completed form)

Download Contract for installation of products

Contract for installation of products No.

SUBJECT OF THE AGREEMENT

1.1. The Contractor, within the framework of this Agreement, undertakes obligations, on behalf of the Customer, to supply Products, hereinafter referred to as Products, component materials and to perform work under this Agreement, hereinafter referred to as Work. The Customer, under this Agreement, undertakes to pay the cost of Products, component materials and Work, as well as to create the necessary conditions for the performance of work, and accept their result in the prescribed manner.

1.2. Products will be delivered and installed to the address: .

1.3. Products are supplied in accordance with the individual project approved by the Customer - Technical Specifications (Appendix No. 1 of this Agreement), costing - list of works and services (Appendix No. 2 of this Agreement).

RIGHTS AND OBLIGATIONS OF THE PARTIES

2.1. The performer is obliged

:

2.1.1. Deliver the Products and perform the work specified in clause 1 of this Agreement no later than business days after partial or full payment. The Contractor reserves the right to increase the production time of Products due to a restart of production.

2.1.2. Supply all materials, tools, fixtures and components necessary for the implementation of all materials, tools, devices and components specified hereunder.

2.1.3. Transfer the Products to the Customer in accordance with this Agreement, as well as hand over the completed work according to the Acceptance Certificates.

2.1.4. Correct free of charge the deficiencies identified by the Customer during the acceptance process and specified in the Acceptance Certificate within calendar days.

2.1.5. During the execution of work, carry out the necessary safety measures and environmental protection.

2.2. The performer has the right

:

2.2.1. Unilaterally change the deadline for fulfilling obligations under this Agreement if the Customer fails to comply with the terms of clause 3 of this Agreement (Cost of work and payment procedure).

2.2.2. Suspend work, immediately notify the Customer about this, and until written instructions are received from him, do not resume work if: circumstances beyond the Contractor’s control are discovered that impede the fulfillment of obligations under this Agreement, or threaten the quality of the results of the work performed, or create the impossibility of completing it on time, or affecting the financial results of the work. Draw up a report on this with the appropriate content, and the timing of the work may change.

2.3. The customer is obliged

:

2.3.1. Pay the cost of this Agreement in accordance with. clause 3.

2.3.2. Ensure that the Contractor can perform all types of work at the site within the time limits specified in this Agreement.

2.3.3. Be present and accept the Products upon delivery, having signed the appropriate Delivery Certificate, as well as ensure the safety of the Products before and during the Work. If for some reason the Customer himself cannot be present and accept the Products upon delivery, then a Representative acting on the basis of a power of attorney - an authorized representative - must be present on behalf of the Customer.

Windows in a new building - how to evaluate quality

To understand whether the windows are installed in a new apartment, you need to check the following points:

• Correct installation and operation of the system.
  Open the doors 90 degrees and leave them in this position without holding them. If the moving parts remain in place (they do not close or open), it means that the window is installed without distortions, and most likely there will be no leaks through it.
• Tightness of the structure.
  Close the door and open the door to the street (staircase). If the window makes a characteristic whistle, it means there is a gap between the frame and the sash. If it is impossible to eliminate this gap by adjusting the fittings, the window will let air in from the street and freeze.
• Protection of the bay window connection.
  If the corner of the bay window is made of metal, then it will become an additional source of heat loss (for high-quality windows it is made of a special material with good heat-insulating properties).
• Lack of protective film.
  The film does not improve or worsen the basic characteristics of the structures, but in order for the windows to look beautiful, the factory film must be removed, because after 2-3 months of exposure to the sun, the film often sticks tightly to the frame.

How to determine whether windows in a new building need to be replaced, read on OknaTrade.