What to do if the customer delays acceptance of work
Hello!
In my practice, I have repeatedly encountered the consequences of wrong actions when transferring the result of work. The result was sad.
I want to share experience in solving the issue.
')
Pre-project study for the implementation of 1C. Prepay 50 percent. The contractor completed the work and sent it to the customer by e-mail.
Miracles begin. Always responsive customer does not give feedback. An important meeting, summing up the annual results, a blockage of work, etc.
Week, second, month, two months. Silence. Finally, I manage to make an appointment with the management. In the office of the CEO, the performer finds out amazing things: the work is not of high quality, all possible deadlines have passed, interest has been lost, there will be no payment for the second part. "If you want to sue, let us take the prepayment back from you."
Sad performer resigned to the loss of money and the client.
A fighting performer runs to lawyers and finds out that his position is weak and unpromising.
Unfortunately, the performer looked into the contract only when it was signed. And most likely on the page "signatures of the parties." The contract stated that the result should not be transmitted by e-mail, but by a courier on 4 CD - R disks in an iron box. Also in the text of the contract contains the condition that if the delay in the transfer of the result lasted longer than one month, the customer can cancel the contract and demand to return the prepayment as "lost interest". With a delay of 2 months and incorrectly transferred results, the performer must say thank you that the customer did not demand the money back.
Yes, the customer is radish. He deliberately pulled out time to not pay for the second half of the work. Now he will find a new company and save, because part of the work he has already done with a discount of 50%. But will this awareness help the performer?
Courts do not consider such arguments. When making decisions, they are guided by the documents exchanged between the parties.
The dialogue in the meeting will be short:
Court: Work done?
Artist: Yes.
S: Result sent?
And: Yes.
S: Was it sent as written in the contract?
And: No, but you understand ...
S: Thank you, that's enough. Act signed?
Artist: - No, but you understand ...
Court: - Thank you, you can sit down.
After half an hour, you get a decision to refuse the claim for debt collection.
If you see the first signs of delays on the part of the customer, use the following algorithm:
1. Carefully examine the contract as the result should be sent.
2. Carefully examine whether you did ALL of what is provided for in the contract, and not what was agreed in words.
3. Send the result of the work together with 2 copies of the act of acceptance - work acceptance signed for its part.
4. If the result in accordance with the contract can be transmitted by e-mail - still make sure you are safe. Duplicate a courier service or a valuable letter with an inventory.
5. Save your shipment receipt. Pay attention - couriers sometimes sin by careful filling the form and you have a copy on your hands, from which nothing can be disassembled. Better take a pen and fill it all yourself.
Congratulations. Now you have proof of proper execution of the contract. You have a strong position both in the negotiation process and in court (if the work is really done well).
The current judicial practice recognizes a unilateral act if:
• there is a proof of work;
• the result of the work and the act were sent to the customer;
• The customer will not submit a motivated claim.
For those interested in inserting legal text.
Clause 4 of Article 753 of the Civil Code provides for the possibility of drawing up a unilateral act of acceptance of the result of work. The above norm protects the interests of the contractor if the customer has unreasonably refused to properly execute the documents certifying the acceptance. So, in accordance with the specified rule of law, if one of the parties refuses to sign the act, a note is made in it and the act is signed by the other party. Consequently, in case of an unreasonable refusal of the customer to sign the work performed certificate sent to him by the contractor, a unilateral act of work performed can also be an adequate confirmation of the actual work performed for the amount specified in this act. The duty of proving the validity of the reasons for refusing to accept completed work is imposed by law on the customer; if the customer fails to provide such evidence, the unilateral act of acceptance of the work performed is adequate and sufficient evidence of the actual performance of the work by the contractor. (Resolution of the Eighth Arbitration Court of Appeal of 09.09.2014 N 08-7947/2014 in case N A46-15719 / 2013)
• Errors with the transfer of the result of work occur when the Contractor had to work on the template of the Customer. As a result, the employees of the Contractor are working on the rolled-up business processes and are not aware that sending the result by e-mail is not enough in this case.
• Sometimes the project simply ceases to be relevant to the customer. The head “burned out”, the top managers were changed, another direction of development was chosen. Wary after the first bells. They always exist.
• If the customer suggests “taking a break for a couple of months” - this is a potentially dangerous situation. Offer to sign an additional agreement where the suspension will be officially agreed. If the customer refuses, direct the work and act done at this point.
• The most often described situation occurs with large offline companies - builders, hypermarkets, banks, etc. Their legal departments perfectly know the contract agreement and have done such a trick many times.
• The more thoroughly you follow the procedure followed in the contract - the lower the risk that you will be thrown. If the contract is completely unrealistic to comply, it may be worth considering whether you need such an order.
So, if the customer disappears - look in the contract and check whether you sent the result of the work correctly. Submit the act. Then you can call, search, write, meet. Reverse sequence leads to loss of money.
In my practice, I have repeatedly encountered the consequences of wrong actions when transferring the result of work. The result was sad.
I want to share experience in solving the issue.
')
Typical example
Pre-project study for the implementation of 1C. Prepay 50 percent. The contractor completed the work and sent it to the customer by e-mail.
Miracles begin. Always responsive customer does not give feedback. An important meeting, summing up the annual results, a blockage of work, etc.
Week, second, month, two months. Silence. Finally, I manage to make an appointment with the management. In the office of the CEO, the performer finds out amazing things: the work is not of high quality, all possible deadlines have passed, interest has been lost, there will be no payment for the second part. "If you want to sue, let us take the prepayment back from you."
Sad performer resigned to the loss of money and the client.
A fighting performer runs to lawyers and finds out that his position is weak and unpromising.
What happened?
Unfortunately, the performer looked into the contract only when it was signed. And most likely on the page "signatures of the parties." The contract stated that the result should not be transmitted by e-mail, but by a courier on 4 CD - R disks in an iron box. Also in the text of the contract contains the condition that if the delay in the transfer of the result lasted longer than one month, the customer can cancel the contract and demand to return the prepayment as "lost interest". With a delay of 2 months and incorrectly transferred results, the performer must say thank you that the customer did not demand the money back.
Who is guilty?
Yes, the customer is radish. He deliberately pulled out time to not pay for the second half of the work. Now he will find a new company and save, because part of the work he has already done with a discount of 50%. But will this awareness help the performer?
Courts do not consider such arguments. When making decisions, they are guided by the documents exchanged between the parties.
The dialogue in the meeting will be short:
Court: Work done?
Artist: Yes.
S: Result sent?
And: Yes.
S: Was it sent as written in the contract?
And: No, but you understand ...
S: Thank you, that's enough. Act signed?
Artist: - No, but you understand ...
Court: - Thank you, you can sit down.
After half an hour, you get a decision to refuse the claim for debt collection.
What to do
If you see the first signs of delays on the part of the customer, use the following algorithm:
1. Carefully examine the contract as the result should be sent.
2. Carefully examine whether you did ALL of what is provided for in the contract, and not what was agreed in words.
3. Send the result of the work together with 2 copies of the act of acceptance - work acceptance signed for its part.
4. If the result in accordance with the contract can be transmitted by e-mail - still make sure you are safe. Duplicate a courier service or a valuable letter with an inventory.
5. Save your shipment receipt. Pay attention - couriers sometimes sin by careful filling the form and you have a copy on your hands, from which nothing can be disassembled. Better take a pen and fill it all yourself.
Congratulations. Now you have proof of proper execution of the contract. You have a strong position both in the negotiation process and in court (if the work is really done well).
And if the act is not signed by the customer?
The current judicial practice recognizes a unilateral act if:
• there is a proof of work;
• the result of the work and the act were sent to the customer;
• The customer will not submit a motivated claim.
For those interested in inserting legal text.
Clause 4 of Article 753 of the Civil Code provides for the possibility of drawing up a unilateral act of acceptance of the result of work. The above norm protects the interests of the contractor if the customer has unreasonably refused to properly execute the documents certifying the acceptance. So, in accordance with the specified rule of law, if one of the parties refuses to sign the act, a note is made in it and the act is signed by the other party. Consequently, in case of an unreasonable refusal of the customer to sign the work performed certificate sent to him by the contractor, a unilateral act of work performed can also be an adequate confirmation of the actual work performed for the amount specified in this act. The duty of proving the validity of the reasons for refusing to accept completed work is imposed by law on the customer; if the customer fails to provide such evidence, the unilateral act of acceptance of the work performed is adequate and sufficient evidence of the actual performance of the work by the contractor. (Resolution of the Eighth Arbitration Court of Appeal of 09.09.2014 N 08-7947/2014 in case N A46-15719 / 2013)
Another couple of observations
• Errors with the transfer of the result of work occur when the Contractor had to work on the template of the Customer. As a result, the employees of the Contractor are working on the rolled-up business processes and are not aware that sending the result by e-mail is not enough in this case.
• Sometimes the project simply ceases to be relevant to the customer. The head “burned out”, the top managers were changed, another direction of development was chosen. Wary after the first bells. They always exist.
• If the customer suggests “taking a break for a couple of months” - this is a potentially dangerous situation. Offer to sign an additional agreement where the suspension will be officially agreed. If the customer refuses, direct the work and act done at this point.
• The most often described situation occurs with large offline companies - builders, hypermarkets, banks, etc. Their legal departments perfectly know the contract agreement and have done such a trick many times.
• The more thoroughly you follow the procedure followed in the contract - the lower the risk that you will be thrown. If the contract is completely unrealistic to comply, it may be worth considering whether you need such an order.
Instead of conclusion
So, if the customer disappears - look in the contract and check whether you sent the result of the work correctly. Submit the act. Then you can call, search, write, meet. Reverse sequence leads to loss of money.
Source: https://habr.com/ru/post/291738/
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