… you have ordered the manufacture of a work and the delivered work does not meet or deviates from the specifications agreed with the manufacturer
… you have commissioned the execution of certain works (for example repair works) and the delivered work results show defects
… you wish to claim warranty for defects from the manufacturer (contractor)
… you want to complain about the result of works as opposed to a product such as a good, a merchandise or a service (in this case use the notice of claim for a defective product)
A notice of defect is a declaration by the customer of defective works. The customer indicates to the contractor after delivery or receipt of the work results that they are suffering from defects which the customer does not accept. It is the responsibility of the customer to inspect the work results as soon as possible and to give notice of any defects. Failure by the customer to do so results in forfeiture of its claims in connection with the warranty for defects.
In addition, it must be clear to the contractor which defects the works contain, and that the customer holds it liable for them. For evidence reasons it is therefore crucial to give written notice of the defects.
In the event of defects, the customer may alternatively demand a price reduction, rescind the contract (but not in the case of construction works) or demand that the defects be remedied free of charge.
However, in the case of defects the procedure is often laid down in the contract or in the general terms and conditions of the manufacturer (including time limits for notification of defects and any restrictions on the customer’s warranty claims). It makes sense, therefore, to check the contractual documentation and examine it for any restrictions.
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