In order for the consumer rights guaranteed by the legislation of the Russian Federation to be observed after making a purchase, customers must correctly fill out the contract for the installation of plastic windows. Today, all companies that value their reputation provide their clients with the opportunity to prepare such documents. However, many buyers are not serious about studying their contents and sign the contract after briefly reading it. Such a frivolous attitude towards important papers is unacceptable. Haste and inattention can cause serious problems if defects in window or door units are discovered during operation. After all, some companies insure themselves and do not include in the contract all the necessary cases that should be covered by the manufacturer’s warranty. In such a situation, the client may be denied troubleshooting. To prevent this from happening, we recommend that you carefully read the article on our website. It will help you avoid common mistakes when signing a contract.
What should a window purchase contract contain?
The offices of responsible manufacturing companies always have samples of a universal contract that you can read before purchasing windows. The customer needs to make sure that the following items are available:
- compliance of window characteristics with currently valid GOST standards;
- a list of components, supplemented by information about the dimensions of all structural elements, the brand of fittings and profiles, as well as the dimensions and materials of manufacture of window sills, ebbs, mosquito nets and slopes;
- delivery date and obligation to bring the windows to the desired floor;
- timing of installation of window or door units (if additional components are ordered, they must also be included in this paragraph);
- terms of payment by the customer for goods and additional services (if stage-by-stage payment of funds is provided, this nuance must be displayed indicating the amounts);
- warranty periods for products with a specific indication of all situations in the event of which the manufacturer undertakes to eliminate the problems at its own expense.
The items indicating the delivery and installation dates must contain information about the company’s responsibility in the event that the deadlines were missed due to its fault.
Requirements for drawing up a contract for the purchase of windows
The agreement concluded should be called a “contract” or “purchase and sale” agreement. If the customer does not intend to carry out the installation on his own, then it is recommended to conclude a contract, since such a document protects the buyer much better and additionally guarantees:
- compliance with delivery and installation deadlines;
- the quality of not only window and door units, but also their installation;
- inadmissibility of imposing additional services that are not mentioned in the contract.
A household contract is regulated by both the Civil Code of the Russian Federation and the Law on the Protection of Consumer Rights; it is much more effective. Such a document regulates in more detail for customers and performers their rights and obligations. The purchase and sale agreement for PVC windows can be supplemented with these above listed items. Check their availability - do not leave loopholes for unscrupulous order fulfillers to avoid liability in the event of warranty claims.
Item
The subject matter section acts as the basic component of the agreement. In our case, the subject is maintenance. In the section it is necessary to indicate what types of services will be provided, since this factor directly affects the cost of the services provided. So, the provisions related to the subject of the agreement are written in the text of the document as follows:
In accordance with this agreement, the Contractor, on the instructions of the Customer, carries out maintenance of the Fuji Frontier 370 Digital Minilab photo laboratory. The list of services provided by the Contractor includes: • Darkroom diagnostics; • Identifying and troubleshooting problems in the functioning of the darkroom; • Replacement and repair of failed parts. • Replacement and repair of parts that are not functioning properly. The cost of services provided, the procedure and terms of payment are reflected in Appendix 1 to this agreement.
Basic rules for drawing up a contract
The title of a document in itself does not guarantee anything. An agreement is only most effective when it is drawn up in accordance with all the rules. In order to avoid wasting time on proceedings in the event of a warranty claim, it is recommended to make sure of this when signing the document. In addition to the previously listed items, it includes:
- Details of the buyer and seller.
- Date and place of conclusion of the contract.
- The name of the company indicated on the organization's seal and in the title of the document.
An agreement with the most specific listing of all points must be in printed form and signed in duplicate by the contractor and the customer. It is optimal if, at the conclusion of the contract, the client is familiarized with certificates of compliance of windows with quality standards. In Russia, manufacturers undergo this procedure on a voluntary basis, so this item cannot be considered mandatory. However, all responsible and reputable companies try to obtain certificates and proudly present them to their clients.
When studying seals, you need to make sure that their images completely match. Discrepancies in details are a cause for concern and questions to the company representative. In addition, the seals must be original and not photocopies.
Final provisions
This section reflects provisions that are essentially not related to the above sections, but are important when concluding an agreement. Their wording looks like this:
• This agreement acquires legal force from the moment it is signed by the Counterparties. • The work is accepted by the Customer by drawing up an acceptance certificate for the completed work. • In case of any disagreements or disputes, the parties resolve them through negotiations. • If the parties do not reach a compromise, all disputes are resolved in court. • This agreement comes into force from the moment it is signed by the parties.
What else should you pay attention to when drawing up a contract?
A correctly completed contract for the purchase and installation of windows can most effectively protect the interests of the buyer. In addition to focusing on the main points, when drawing up a contract, additional nuances should be taken into account:
- information about discounts and bonuses must be displayed in the document, since verbal promises of managers have no legal force;
- the presence in the contract of information about the absence of damage to the structures after their transportation (this clause is relevant if the company is engaged exclusively in the manufacture and delivery of windows, because then it will be extremely problematic to prove the origin of the defects);
- listing the contractor’s obligations to provide the customer with additional services: dismantling old structures, garbage removal, installation of slopes, post-warranty service, and so on.
The customer has the right to add his own points to the document. He may ask you to do this during the registration process. Typically this information is added at the end of the contract in the form of notes.
If a company representative categorically refuses to meet the buyer halfway on the issue of introducing additional items that were discussed orally, it is better to contact another manufacturer.
Items that must be included in the contract
There are several important organizational nuances that do not seem to be directly related to the quality of windows, but they should be mentioned in the documents. If this is not done, if controversial situations arise, the performer will be able to interpret everything in his favor. To avoid misunderstandings, it is recommended to clarify in writing the payment procedure, rules for operating windows, installation features and the amount of the penalty in case of failure to meet deadlines.
Deadlines
When entering deadlines, you need to make sure that the document does not contain only one generalized date that is not tied to specific events. A correct contract should contain information about the start and end dates of work. In addition, the amount of compensation to the customer for each day of possible delay is fundamentally important. Companies insure themselves and indicate symbolic amounts at this point. If the penalty for 1 day of delay is below 3%, the manufacturer ignores the Consumer Protection Law, which recommends exactly this amount of compensation. After all, serious penalties for the contractor provide an excellent incentive to fulfill his obligations to the client on time. It turns out that 3% compensation is an additional guarantee of meeting deadlines.
Payment order
When money is paid in installments, the contract must indicate the amount of the advance payment. The down payment amount cannot exceed 70%. These funds are quite enough for the manufacturer to compensate all its costs. Insistent demands for full payment should raise red flags, since the buyer has already confirmed the seriousness of his intentions by paying 2/3 of the cost.
Information on the correct use of windows
Article 29 of the Law on the Protection of Consumer Rights contains a requirement to provide the buyer with full information on the correct operation of door or window units. If the manufacturer has not done this, he will be obliged to pay compensation in the event of breakdown of the structures, which occurs within 10 years from the date of their installation. That is, the law in such situations assigns the culprit to the order executor who did not provide the client with important information. The inclusion of such a clause in the contract will force the company representative to tell the buyer in detail how to properly use products made from PVC profiles.
Installation quality guarantee
About 80% of problems with windows occur due to poor-quality installation. Errors made during installation provoke depressurization, condensation, distortions, incorrect operation of fittings, and even cracking of double-glazed windows. When installation is ordered, a guarantee of its quality in the contract is a prerequisite. Only in this case will the buyer be able to file a claim if something happens to the windows. How to properly file a complaint about low-quality windows, read the special article on OknaTrade.
A self-respecting company has a contract for the installation of plastic windows - an example of the ability to competently avoid a conflict of interest between the buyer and the seller. This document contains all the necessary points; it can instill a sense of confidence in the customer and push him to conclude a deal. Therefore, manufacturers who are confident in the quality of their products and the level of services provided are willing to demonstrate to customers that they actually care about their interests and comply with the Consumer Protection Law.
Rights and obligations of the parties
This section is intended to consolidate the list of obligations and rights of the Counterparties under the agreement. We present approximate formulations that appear in this section below:
The Customer has the right to: • Require the Contractor to provide the services specified in the section on the subject of this agreement. • Require the Contractor to properly fulfill its obligations in accordance with the terms of this agreement. The customer undertakes: • Within the time limits specified in Appendix 1 to this agreement, pay for the technical maintenance of the photo laboratory. • Make payment for services in the manner and amount provided for in Appendix 1 to this agreement. • Bear responsibility in case of violation of the terms of the contract, or failure to fulfill obligations under this agreement. • Fulfill your obligations in strict accordance with the terms set forth in the text of this agreement. The Contractor has the right to: • Demand that the Customer pay for maintenance in the manner and within the time limits provided for in Appendix 1 to this agreement. • Require the Customer to properly fulfill obligations in accordance with the terms of this agreement. The Contractor undertakes to: • Carry out high-quality technical maintenance of the photo laboratory by providing the services listed in the section on the subject of this agreement. • Bear responsibility in case of violation of the terms of the contract, or failure to fulfill obligations under this agreement. • Fulfill your obligations in strict accordance with the terms set forth in the text of this agreement.
