Article 34. Deadlines for the performance of work (provision of services) Chapter 5. PERFORMANCE OF WORK (PROVISION OF SERVICES) The Law on Consumer Protection

     1. The contractor is obliged to perform the work (provide the service) within the time period established by the contract for the performance of the work (provision of the service), unless otherwise established by the laws of the Republic of Kazakhstan.

     2. The contract may specify the initial and final deadlines for the performance of work (provision of services), as well as the deadlines for completing individual work stages (interim deadlines).

     If the work (service) is performed (rendered) in parts (delivery of periodicals, maintenance) during the term of the contract, interim deadlines for the performance of the work (provision of the service) must be provided.

     3. The initial, final and (or) interim deadlines specified in the contract for the performance of work (provision of services) may be changed by agreement of the parties.

     4. If the contractor has violated the deadlines for the performance of the work (provision of the service) - the deadlines for the beginning and (or) completion of the work (provision of the service) and (or) the interim deadlines for the performance of the work (provision of the service), so that its completion by the deadline becomes clearly impossible, the consumer has the right to withdraw from the contract and demand compensation for damages.

     If during the performance of the work it becomes obvious that it will not be performed properly, the consumer has the right to appoint a new deadline for the contractor to eliminate the deficiencies and, if the contractor fails to fulfill this requirement within the prescribed period, withdraw from the contract or entrust the correction of the work to a third party at the expense of the contractor, as well as to demand compensation for damages.

     The consumer's requirements established by this paragraph are not subject to satisfaction if the contractor proves that the delay in the performance of work (provision of services) occurred due to force majeure or the fault of the consumer.

     5. The new deadlines set by the consumer, during which the contractor must start performing the work (rendering the service) and finish it, are specified in the contract.

     In case of delay of the appointed new deadlines for more than ten calendar days, the consumer has the right to submit other requirements established by paragraph 4 of this article.

     6. Upon termination of the contract in case of late completion of the work (provision of services), the contractor is not entitled to demand reimbursement of his expenses incurred during the performance of the work (provision of services), as well as payment for work already performed (service rendered).

The Law of the Republic of Kazakhstan dated May 4, 2010 No. 274-IV.

     This Law defines the legal, economic and social foundations of consumer protection, as well as measures to provide consumers with safe and high-quality goods (works, services).

President    

Republic of Kazakhstan     

© 2012. RSE na PHB "Institute of Legislation and Legal Information of the Republic of Kazakhstan" of the Ministry of Justice of the Republic of Kazakhstan  

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