Recognition of the contract in question as public (clause 2 of article 730 of the Civil Code) means the need to be guided in its conclusion, primarily by the general provisions relating to the public contract, enshrined in art. 426 GK. We are talking, first of all, about the prohibition in the form of a general rule for a commercial organization to give preference to some consumers over others and, accordingly, the need to establish conditions in the contract, including conditions on the price of work, the same for all consumers, except for those who use the provisions of the law. and other legal acts benefits.
A household contract is subject to the rule on the inadmissibility of a commercial organization refusing to conclude an agreement if it is possible to execute it under pain of the consequences specified in Art. 445 of the Civil Code, including the obligation to compensate for the losses caused in this way. The effect of the relevant rule in relation to a consumer contract has a special manifestation.
The fundamental norms in this regard are contained in Art. 732 GK. First of all, it fixes the general obligation of the contractor, before concluding the contract, to provide the customer with necessary and reliable information about the proposed work, its types and features, price and form of payment (and if this corresponds to the nature of the work, also about the person who will directly perform relevant obligations) and other information that the customer has the right to demand, if only this relates to the work itself and the contract concluded on this account (clause 1 of article 732 of the Civil Code).
In the norms of the Civil Code of the Russian Federation on a consumer contract, a rule is established on two stages of providing information to the customer. The first stage is the provision of information before the conclusion of the contract, i.e. information about the work that is just being offered, in accordance with the commented article. The second stage is regulated by Art. 736 of the Civil Code of the Russian Federation: upon acceptance of the result of the work, information about the conditions for its use is transmitted to the customer.
Article 732 of the Civil Code enshrines one of the components of the mechanism for exercising the customer’s right to information in consumer contract relations – the contractor’s obligation to provide the customer with information about the proposed work. In addition, the article provides for some legal consequences of violation of this obligation. Another component of this mechanism is established in Art. 736 of the Civil Code of the Russian Federation, and in its most general form it is presented in Art. Art. 8 – 12 of the Consumer Protection Act. However, Art. 732 of the Civil Code of the Russian Federation there are prescriptions that detail the noted general mechanism. So, in particular, according to paragraph 1 of Art. 732 of the Civil Code, the contractor must indicate to the customer a specific person who will perform the work, if this matters by its nature, and upon termination of the contract by the customer in accordance with paragraph 2 of Art. 732 of the Civil Code, he is not obliged to pay for the work performed and compensate for the losses of the contractor.
The customer in a household contract relationship, like any other consumer, has the right to information. In accordance with this right, he has the opportunity to demand that he be provided with appropriate consumer information. In turn, the contractor must provide the customer with such information. Information is considered appropriate, and the customer’s right to information is fully realized if the customer is provided with information:
– meeting the general requirements of Art. 8 of the Consumer Protection Act. First, the information must be necessary (completeness requirement). This provision corresponds to the norm of paragraph 4 of Art. 12 of the Law on the Protection of Consumer Rights, according to which the consumer, in terms of knowledge about a product, work, service, is recognized (assumed as a general rule) as a non-professional. Accordingly, he should be provided with such a volume of data as if he knew nothing about the ordered work and its result. Secondly, the information must be reliable (the requirement for the reliability of information), i.e. it must be true. Thirdly, the information must be expressed in a visual and accessible form (requirement for the form of information). The requirement for the form of information should also be regarded from the standpoint of the external expression of this information – whether it is oral or written. The Consumer Protection Act does not establish a general obligation to provide consumer information only in writing. Therefore, bringing information to the consumer is possible both in writing and orally. At the same time, in the interests of the consumer’s counterparty, information should be communicated primarily in writing. Fourth, the information must be communicated to the consumer before the conclusion of the contract. Fifth, consumer information should be given in Russian (a requirement for the language of information). However, paragraph 2 of Art. 8 of the Consumer Rights Protection Law allows the communication of information in the state languages of the constituent entities of the Russian Federation and the native languages of the peoples of Russia;
– according to its composition, corresponding to the rules of Art. Art. 9 – 11 of the Consumer Protection Act. In accordance with these standards, the consumer must be provided with information of three categories: about the contractor, the mode of his work and the work carried out by him.
The same art. 732 of the Civil Code gives the customer the right in the event that, as a result of receiving incomplete or inaccurate information from the contractor, he concludes a contract for the performance of work that does not have the properties that he had in mind when concluding the contract, demand termination of the contract on these grounds. In this case, the customer can then not only not pay the contractor for the work performed, but also demand compensation for the losses caused.
In December 1999 Art. 732 of the Civil Code was supplemented by two novelties aimed at strengthening the protection of the interests of the customer. First of all, this means giving him the right, in case of failure to provide the opportunity to immediately obtain the information specified in this article at the place of conclusion of the contract, to demand compensation from the contractor for losses caused by his unreasonable avoidance of concluding the contract. In addition, the contractor, who did not provide the information in question, is now also responsible for such shortcomings in the work that arose after it was handed over to the customer. This refers to compensation for losses that are in a causal relationship due to the lack of relevant information from the customer.
In paragraph 2 of Art. 732 of the Civil Code formulates the rules on the legal consequences of violating the customer’s right to information about the proposed work. In the most general and complete form, such rules are reproduced in Art. 12 of the Consumer Protection Act. This article establishes the civil law consequences of violation of the right to information. These consequences are divided into liability measures and other legal consequences. The measures of civil liability should include compensation for losses, and other civil legal consequences – the right of the consumer to unilaterally terminate the concluded contract, as well as some other rights of claim, named in paragraph 2 of Art. 12 of the Consumer Protection Act. In case of violation of the consumer’s right to information, it is possible to apply other legal measures to influence the offender, which are not directly named in this article. For example, if there are appropriate grounds, compensation for non-pecuniary damage is possible.
Household contract form. The rules of consumer services stipulate that the concluded contract must be in writing. However, it can be issued in the form of a receipt or other document. If it is understood that the work will be performed in the presence of the consumer, it is allowed to draw up an agreement by issuing a check (cash receipt), confirming, simultaneously with payment, the very existence of an agreement between the parties, in pursuance of which settlements were made. In all cases of loss of the document by which the contract was drawn up, a duplicate is issued to the consumer at his request.
Written form is not a condition for the validity of a household contract. Therefore, if such an agreement was concluded orally, the parties can use the provision of paragraph 1 of Art. 162 of the Civil Code, in the event of a dispute, to cite any evidence in support of the transaction itself and its conditions, excluding witness testimony.
A consumer contract is characterized by the widespread use of forms developed by the contractor (much less frequently by the customer), as well as other standard forms containing the terms of the contract. And if it turns out that the proposal (offer) made in this way can be accepted by the other party only by joining it, such an agreement is subject to a special legal regime enshrined in Art. 428 of the Civil Code (“Accession Agreement”). The shortcomings of the “attachment agreement”, which gave rise to the need for this article, are expressed in the fact that even when the agreement in question does not contradict the law or other legal acts, but is capable of depriving the party of the rights usually granted to it under agreements of the corresponding type, either excludes or at least limits the liability of the other party that has submitted the form (another standard form), or contains other conditions that are clearly burdensome for the acceding party, which it would not accept under other conditions, based on its reasonably understood interests, if it were given the opportunity to participate in determining the content of the contract, the interests of the acceding party are protected. This is expressed in the recognition of her right to demand either termination or amendment of the contract concluded in this way.
A regime similar to that established for accession agreements applies to the customer even when the household contract specified in Art. 428 of the Civil Code does not possess the features of an agreement concluded by accession. We are talking about one of the guarantees of the customer’s rights in a domestic contract, which is expressed in the fact that the contractor is not entitled to impose on him the inclusion in the contract of conditions providing for additional work and (or) the provision of additional services. At the same time, the customer is recognized the right to refuse payment for such works (services) that were not provided for by the contract (clause 1 of article 731 of the Civil Code). The reality of such a guarantee is ensured, in particular, by the fact that, if payment has already taken place, the customer has the right to demand the return of the corresponding amount. Since the said articles do not provide otherwise, it remains to be recognized that the customer retains the relevant right even when the contractor can prove the usefulness, and under certain conditions, the necessity of such work.
The consumer contract fixes such conditions as the name (company name) of the parties, the location of the contractor, the types of work, its price, as well as an indication of the party that must provide the result of the work, the payment procedure (in whole or in part), warranty periods, etc. There is no reason to consider all of the above conditions essential. The latter, in any case, include, first of all, an indispensable condition of any contract – its subject (paragraph 1 of article 432 of the Civil Code). At the same time, one of the features of a consumer contract, which in a certain way reflects the interest of the customer (consumer), is that the quality condition, usually considered as an integral part of specifying the subject of the contract (thus, as an essential condition of the contract), in this case is not is an. This can be confirmed by the fact that the Rules for Consumer Services for the Population (clause 8) provide, in the absence of a quality condition in the contract, the contractor’s obligation to still perform work suitable for the purposes for which the result of the work is usually used. If the contractor is familiar with the goals that his counterparty-customer had in mind in this case, the work performed must be suitable for use in accordance with these goals. Thus, the absence of a quality condition agreed upon by the parties does not deprive the contract of legal force.
Another meaning is given to the price condition. In a domestic contract, unlike many other contracts, this condition recognizes the significance of the essential, i.e. one on which reaching the consent of the parties is indispensable. At the same time, if the price is established or regulated by the competent authority, the contract should not exceed it. Depending on the circumstances, the interests of one or the other party are protected by the fact that the condition of the price agreement, which violated the specified requirement, is recognized as void, and instead of it, the corresponding condition will be valid in the wording that reproduces the approved price. The condition on the price and in this work contract can express the estimate. At the request of the customer, the contractor is obliged to draw it up, however, with the fact that it becomes binding only from the moment it is agreed with the customer. As provided for in the General Provisions on the Contract, the Rules for Consumer Services for the Population distinguish between a firm and an approximate estimate. The provisions contained in this regard in the Law on the Protection of Consumer Rights and the Regulations basically coincide with those provided for in § 1 Ch. 37 of the Civil Code (meaning Article 709 of the Civil Code).
There is also a more general rule. Article 16 of the Consumer Rights Protection Law provides that the terms of the contract, which infringe on the rights of the consumer in comparison with the rules established by laws and other legal acts in the field of consumer protection, are recognized as void. And if the relevant conditions are nevertheless fulfilled, the consumer has the right to demand compensation in full for the losses incurred by him (clause 1, article 16 of the Law).
3. The content of the consumer contract
The content of a domestic contract, like any other type of contract, is ultimately expressed in the obligation of the contractor to complete the work and deliver the result, and the customer to accept and pay for the result.
Features of the performance of certain types of work are established by the Rules for Consumer Services for the Population (clauses 16-22). So, for example, tailoring of shoes is carried out according to the sketches proposed by the consumer, as well as models from albums, magazines and samples available to the contractor. At the request of the consumer, it is allowed to change the style of heels, accessories, color combinations and materials, which should be indicated in the contract. When issuing repaired household radio-electronic equipment, household machines and appliances, the contractor is obliged to inspect them and demonstrate to the consumer their work. Turning on, off or switching of household radio-electronic equipment, household machines and appliances should be easy, smooth, without delays and repeated switching on. Appliances supplied from the electrical network must be checked for the required value of electrical insulation resistance.
As a general rule (Article 704 of the Civil Code, Article 34 of the Consumer Rights Protection Law), the contractor is obliged to perform the work specified in the consumer contract from his own material and with his own means, unless otherwise provided by the contract. Moreover, this material, as well as the technical means, tools, etc. necessary for the performance of the work, are delivered to the place of work by the contractor himself (clause 4, article 34 of the Consumer Protection Law). The contractor is not entitled to insist on the transfer of material to him by the customer. At the same time, the contractor’s inability to provide materials may be the basis for exempting him from the adverse consequences of refusing to conclude a contract, established by law with respect to public contracts.
When the contractor assumes the obligation to provide the material, its payment must be made at the conclusion of the contract, either in full or in a certain part specified in it. In the latter case, the final settlement is carried out between the parties upon receipt by the customer of the result of the work performed. At the same time, under the terms of the contract, the material can be provided by the contractor on credit, including with the condition that the customer pays for the material in installments (clause 1, article 733 of the Civil Code). At the same time, the general norm applies to all possible forms of payment for the material by the customer (clause 2 of article 733 of the Civil Code). In any case, the price of the material provided by the contractor is imperatively fixed at the time of the conclusion of the contract (clause 2 of article 733 of the Civil Code), and its change in the future (in the direction of both increase and decrease) does not entail a recalculation. This rule, as can be seen from its content, applies to any cases of changes in the price of the contractor’s material after the conclusion of the contract. Nevertheless, in paragraph 3 of Art. 34 of the Law on the Protection of Consumer Rights, its effect is due only to the provision by the contractor of the material on credit. It seems that under such conditions, in relations under a household contract, it is necessary to proceed from the literal content of paragraph 2 of Art. 733 of the Civil Code, i.e. completely prohibit the production of recalculation after the conclusion of the contract.
The contractor who provided the material for the performance of the work is responsible for its inadequate quality according to the rules on the seller’s liability for goods of inadequate quality (clause 1, article 34 of the Law on Consumer Rights Protection).
By agreement of the parties, work under a consumer contract may be fully or partially performed from the material of the customer. In cases where the work is performed from the customer’s materials, their exact name (description) and price are fixed in a receipt or other document that is handed over by the contractor at the conclusion of the contract (Article 734 of the Civil Code).
This price is determined by agreement of the parties. In fact, it turns out that a legal assumption (presumption) is established – the price of the material, which is indicated in the marked documents, is the price determined by agreement of the parties. However, taking into account the fact that documents confirming the conclusion of a consumer contract are often issued by the contractor unilaterally, the customer is granted a special right. The customer may dispute in court the price of the material fixed in the receipt or other similar document. Typically, such a challenge is carried out as part of disputes for the recovery of the cost of lost or damaged material.
If, at the time of acceptance from the customer, the materials are found to be of inadequate quality or unsuitable for performing work for other reasons, the contractor must notify the customer about this. And if the customer did not respond to such a warning, the consequences of the loss or damage to the materials for the specified reason are removed from the contractor.
The contractor, who did not warn the customer, who submitted the materials, about their special properties, which can lead to complete or partial loss or damage to the result of the work, cannot subsequently, if this really happened, refer to the fact that he did not know about such properties that require in particular, taking special precautions when handling materials. Thus, the risk associated with the use of materials with the specified properties of the customer lies with the contractor. In such cases, there is an undeniable presumption: the contractor is a specialist, and therefore knew or should have at least known about the shortcomings of the materials. Only one possibility remains for the contractor: to refer to the fact that, even with proper acceptance of the materials, he could not have detected their indicated properties.
The contractor is responsible for the safety and proper use of the materials provided to him . The performance of work from the material (with a thing) of the consumer implies that the performer is responsible for the safety of this material (thing) and its correct use (clause 1, article 35 of the Consumer Rights Protection Law). In essence, a similar rule on liability is formulated in Art. 714 of the Civil Code of the Russian Federation. As follows from the content of paragraph 1 of Art. 713 of the Civil Code of the Russian Federation, the contractor is obliged to use the material provided by the consumer economically and prudently, after the end of work, submit to the consumer a report on the consumption of the material, as well as return its balance or, with the consent of the customer, reduce the price of the work, taking into account the cost of the unused material remaining with the contractor. In turn, according to paragraph 1 of Art. 35 of the Law on the Protection of Consumer Rights, the performer has the following obligations: 1) to warn the consumer about the unsuitability or poor quality of the material (thing) transferred by the latter; 2) submit a report on the consumption of the material and 3) return its balance. It seems that in the field of consumer protection, the performer, when performing work from his material, bears both obligations under paragraph 1 of Art. 713 of the Civil Code of the Russian Federation, as well as the duties listed in paragraph 1 of Art. 35 of the Consumer Protection Act. However, it should be borne in mind that in the listed acts, the content of the obligation associated with the return of the remainder of the material is somewhat different.
In paragraph 1 of Art. 35 of the Law on the Protection of Consumer Rights defines the consequences of the complete or partial loss (damage) of the material (thing) received from the consumer. In this case, the performer is obliged: a) within three days to replace it with a homogeneous material (thing) of the same quality; b) at the same time, at the request of the consumer, produce a product from a homogeneous material (thing) within a reasonable time; c) in the absence of a homogeneous material (thing) of similar quality, reimburse the consumer for twice the price of the lost (damaged) material (thing), as well as the costs incurred by the consumer.
In paragraph 2 of Art. 35 of the Consumer Rights Protection Law, the legislator defines two procedures for setting prices. In the first case, the price is determined in relation to the lost (damaged) material (thing). The price of such a material (thing) is determined on the basis of the price of the material (thing) that existed in the place and on the day when the consumer’s claim had to be voluntarily satisfied by the executor, or on the day the court decision was made, if the consumer’s claim was not voluntarily satisfied.
If we are talking about the stage of registration of contractual relations, then the second order is used. The price of the material (thing) transferred to the contractor is determined in this case by agreement of the parties in the contract or in another document (receipt, order) confirming its conclusion. This provision is fully consistent with the content of the commented article.
In paragraph 3 of Art. 35 of the Law on the Protection of Consumer Rights defines cases when the performer can be exempted from liability for complete or partial loss (damage) of the material (thing) received by him from the consumer. Such an exemption may take place if at least one of the following conditions is met:
a) if the consumer is warned by the contractor about the special properties of the material (thing), which may entail its complete or partial loss (damage);
b) if the specified properties of the material (thing) could not be detected upon proper acceptance by the contractor of this material (thing).
It seems that the last of these grounds is in a certain contradiction with the content of paragraph 4 of Art. 14 of the Consumer Protection Act. It is also obvious that in the situation under consideration, the performer can be released from liability even if there is a general basis for such release – force majeure (paragraph 3 of article 401 of the Civil Code, paragraph 4 of article 13 of the Consumer Rights Protection Law).
It is worth paying attention to the fact that, unlike other cases of distribution of the burden of proof (see, for example, paragraph 6 of article 28 of the Consumer Rights Protection Law), paragraph 3 of Art. 35 of the Law on the Protection of Consumer Rights in this case does not directly impose on the consumer’s counterparty (executor) the obligation to prove the circumstances named in this norm. However, by virtue of the general norm of paragraph 4 of Art. 13 of the Consumer Rights Protection Act, the contractor bears such an obligation. In addition, it must be borne in mind that paragraph 3 of Art. 713 of the Civil Code of the Russian Federation, establishing an essentially similar ground for exemption from liability (deficiencies in the material could not be detected when the contractor properly accepted this material), places the burden of proof on the contractor.
In addition to the rules on payment for the contractor’s material (Article 733 of the Civil Code, Article 34 of the Consumer Rights Protection Law), the provisions of Art. 735 of the Civil Code, which establishes the mechanism for setting the price of the work itself in a consumer contract and the procedure for its payment. As a general rule, this price is determined by agreement of the parties, i.e. directly in the contract. However, it cannot be higher than the price set or regulated by the relevant state authorities.
As for the payment for the work, it is carried out by the customer after its final delivery by the contractor. Within the meaning of Art. 735 of the Civil Code, this is a general rule, from which an exception is established: with the consent of the customer, the work can be paid by him at the conclusion of the contract in full or by issuing an advance payment. At the same time, the specified exception can, in specific cases of concluding a consumer contract, be transformed by the contractor on the merits, on the contrary, into a general rule, since the indicated contract not only acts as a public contract (clause 2 of article 730 of the Civil Code), but often has the features of an adhesion contract ( article 428 of the Civil Code).
The contractor is obliged to perform the contract within the period stipulated by the rules governing certain types of work or by the contract. The last of these options – the establishment of a deadline for the performance of work by a contract – is possible only when either there are no rules related to the corresponding type of work at all, or there is no deadline in them, or the parties have agreed on a shorter term compared to the rules. Article 27 of the Law on the Protection of Consumer Rights provides for the possibility of determining the term for the performance of work by the contract by the date (period) by which the performance of the work must be completed, and/or the date (period) from which the performer must begin to perform the work. In cases where the work is supposed to be performed in parts, the contract must specify intermediate terms (Article 27 of the Law on the Protection of Consumer Rights). If it turns out that the contractor has not violated the deadline for the performance of the work (it does not matter whether it is about the dates of its beginning or end, or intermediate deadlines), as well as in cases where during the period of performance of the work it became obvious that it would not be performed within the prescribed period, the customer has the right to present to the contractor provided for in Art. 28 of the Consumer Protection Act requirements. This means that he may, at his choice, either appoint a new deadline for the contractor (1), or entrust the performance of work to third parties at a reasonable price or perform it on his own, demanding in both cases reimbursement of the costs incurred (2), or demand reducing the price for the performance of work (3), or terminate the contract for the performance of work (4). In any of these options, the customer has the right to demand from the contractor within the prescribed period to fully compensate for the losses caused by the violation of the relevant period. If the appointed new deadlines are violated again, the customer has the right to again declare one of the stipulated in Art. 28 of the Consumer Protection Act requirements.
The peculiarity of a consumer contract is that if it is terminated by the customer due to a violation by the contractor of the deadline for performing work, the latter loses the right to reimburse the expenses incurred by him by the time the work was terminated, or to pay for the part completed.
In case of violation of the established deadlines for the performance of work in paragraph 5 of Art. 28 of the Consumer Protection Law provides that the contractor must pay a penalty. It is 3% of the cost of work for each day of delay in their completion. If the term in the contract is specified in hours, the customer has the right to recover the same 3%, but for each hour of delay. The contract may provide for a different penalty, but then it will certainly be larger in size in comparison with that specified in the Law. It also establishes special rules regarding the procedure for calculating the penalty charged for violation of the deadlines for the start of work or its stage.
In cases where the contractor manages to prove that the violation was the result of force majeure or the customer’s guilt in violating the deadline (for example, having the opportunity to do so, the customer did not transfer the stock necessary for the sewing work in a timely manner), the contractor is released from this responsibility.
Resolution of the Plenum of the Supreme Court of the Russian Federation dated September 29, 1994 No. 7 (as amended on May 11, 2007) “On the practice of consideration by courts of cases on the protection of consumer rights” provides: rights of consumers, for violation of the established deadlines for the start and end of the performance of work (provision of services) and intermediate deadlines for the performance of work (provision of services), as well as new deadlines assigned by the consumer on the basis of paragraph 1 of article 28 of the Law on the Protection of Consumer Rights, during which the contractor must start performing the work (rendering the service), its stage and (or) perform the work (render the service), its stage, is charged for each day (hour, if the period is defined in hours) of delay until the start of the performance of the work (rendering the service), its stage or the completion of the performance of work (provision of services), its stage or before the presentation by the consumer of other requirements listed in paragraph 1 of Article 28 of the Consumer Rights Protection Law. the established deadlines for the start and end of work (provision of services), its stages are violated, a penalty (penalty) is charged for each violation, however, its amount, in contrast to the penalty (penalty) established by Art. 23 of the Law on the Protection of Consumer Rights, cannot exceed the price of a particular type of performance of work (rendering of a service) or the total price of an order, if the price of a particular type of performance of work (rendering of a service) is not determined by the contract.
The obligations of the contractor to perform the work in a timely and proper manner and to transfer its result correspond to the obligation of the customer to inspect the result of the work and accept it within the time and in the manner prescribed by the contract. The rules emphasize the need for handover and acceptance of work with the participation of the contractor. Since any work contract is bilateral in relation to its variety under consideration, the time parameters of the behavior of not only the contractor, but also the customer are determined by the term. Otherwise it would be unfair to the contractor, whose interests in such cases must also be protected.
Accordingly, if the customer does not appear to receive the result of the work or otherwise evades its acceptance, certain sanctions are also applied to him. In the practice of contractual relations under a contract in general and in a household contract in particular, situations are not ruled out when, for one reason or another, the customer does not come to receive the result of the work and does not take other measures for this. Such behavior of the customer is regarded by article 738 of the Civil Code as his evasion from accepting the result of the work. In fact, we are talking about a violation by the customer of his obligation established in Art. 730 of the Civil Code of the Russian Federation, on acceptance of the result of the work.
In order to comply with the property rights of the contractor, Art. 738 of the Civil Code provides for the emergence in the event of a marked evasion of the customer from accepting the result of the work, the special right of the contractor to sell the result of the work, but subject to a number of conditions.
First, a written warning must be given to the customer.
Secondly, at least two months must pass from the moment of this warning to the date of alienation of property.
Third, the sale price must be reasonable. It seems that in this case, the market price for the corresponding (similar) result of work (the corresponding thing) in the given area (if it can be established) should be taken into account. In addition, if we are talking about the sale of the repaired property of the customer, then the degree of wear and tear should also be assessed. It is not excluded that the sale price is determined according to the rules of the legislation on appraisal activities. The customer, to whom the amount thus obtained by the contractor has been paid, is entitled to dispute its amount and, referring to the fact that the price was underestimated, demand for this reason the difference between that which constitutes a “reasonable price” and the price received.
Fourthly, the contractor is obliged to deposit the proceeds with a notary (court) deposit in the manner prescribed by Art. 327 of the Civil Code of the Russian Federation. In this case, the contractor has the right to deduct from this amount all payments due to him. From the amount received from the sale of the result of the work, the contractor can keep everything that was due to him for its performance, as well as demand reimbursement of expenses incurred by him in the implementation of the result of the work.
Upon delivery, the contractor is obliged to warn the customer about the requirements that he will have to comply with for the effective and safe use of the result of the work , as well as about the harmful consequences that a violation of these requirements may entail for the customer himself and third parties (Article 736 of the Civil Code). Here, in order to ensure the right of the customer to the proper quality of the result of the work and his right to safety, a special obligation of the contractor is established. He must warn the customer about the conditions for using the result of the work performed. The volume of information provided to the customer in such a situation is determined according to the general rule about the unprofessionalism of the customer, as well as any consumer (clause 4, article 12 of the Consumer Rights Protection Law) (for this, see clause 2, article 732 of the Civil Code).
In any case, the contractor must provide the customer with information of two kinds: firstly, information about the requirements that must be met for the effective and safe use of the result of the work; secondly, in order to stimulate the customer to proper behavior in relation to the result of the work – information about the possible consequences for the customer himself and other persons of non-compliance with the relevant requirements.
Violation of the obligation in question by the contractor may entail the application of legal liability measures to him, for example, in the form of compensation for damages, compensation for moral damage. In addition, with this violation, the contractor, within the framework of a dispute with the customer, is essentially deprived of the opportunity to refer to the existence of such a ground for releasing him from liability as the fact that the customer violated the established rules (the fault of the customer).
If such a consequence nevertheless occurs, the contractor opens in a certain case the opportunity to be released from liability for losses caused to the customer. To do this, he will need to prove that he neglected the warnings received or the absence of a causal relationship between the fact that no warning was received and the losses incurred by the customer. This excludes the situation when a special, careful attitude to the result of the work became necessary only because the contractor violated any requirements that he himself had to comply with when performing the work.
The result of the work transferred to the customer must comply with the contract in terms of quality . If the quality condition has not been agreed by the parties, the rule applies, according to which the result must be suitable for the commonly used purpose, and in the case when the contractor was informed by the customer about the specific purpose at the conclusion of the contract, then comply with it. The result cannot diverge from the requirements binding on the parties by virtue of law, included in the standards, sanitary norms and rules, building norms and rules, etc.