The contractor must prove

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roseline371277
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Joined: Sun Dec 22, 2024 9:36 am

The contractor must prove

Post by roseline371277 »

The contractor should not take any action to induce the customer to sign the act of performed work, but should only state the fact of refusal to sign the act. In turn, the obligation to accept the performed work, and in case of detection of defects in the work, to immediately report them (including by means of a motivated refusal to sign the act of performed work) is imposed by law on the customer.

1) that he performed the work under the terms stipulated in the contract and special database provided the customer with evidence of performance, as well as an acceptance certificate for signing.

2) that the customer unreasonably refused to sign the act of work performed and provide evidence of such refusal.

QUESTION - 20: Is a courier delivery service invoice that does not contain a description of the documents a proper proof of receipt of the sent document?

No, it is not proper evidence, since it is impossible to determine from it what exactly was sent, and the court will not take this evidence into account either!

Therefore, there must be a description of the attachment to the sent document.

QUESTION - 21: If the contractor sent documents to the customer by mail to an address that does not match the address specified in the contract, is this proper evidence?

All documents must be sent by the parties to the addresses specified in the contract itself.

It is possible that one of the parties will defend its position by saying that it did not receive any notification, so it is necessary to send a letter with a description of the attachment to the address specified in the contract (later track the shipment itself by the track number, “received” or “refused to receive”, etc.). Yes, indeed, it may happen that one of the parties will inform that it is not necessary to send to the old address, but to another, but this must be documented so that there are no unnecessary problems later!

QUESTION - 22: What if the documents were sent not by Ukrposhta, but by Nova Poshta?

You can send documents via Nova Poshta, but only if one of the parties does not claim that they did not receive any document, payment, etc.
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