Repair project warranty meaning
After the renovation, if there is a problem of construction quality within a certain period of time, the owner is entitled to request the decoration company to carry out the warranty. However, due to the quality of the responsibility of the party is difficult to identify, informal decoration companies often use the contract loopholes, etc., use repudiation and other methods to escape responsibility. If the owner understands the decoration warranty knowledge, he can do it in the end of the renovation contract and the rights protection in the later period, and is not afraid of being pitted.
First, the home warranty period
If there are quality problems in the home improvement project, many of the owners themselves are unlucky and do not expect to find a decoration company to undertake maintenance responsibilities. This is largely due to the owners knowing little about the current home improvement warranty knowledge. Understanding the provisions on the warranty repair will greatly benefit the maintenance of the owner’s own rights and interests.
1, the Ministry of Construction on the provisions of the warranty repair
The Ministry of Construction has issued several regulations on the repair and maintenance of the "House Interior Decoration Management Measures", one of which is to impose a mandatory regulation on the warranty period for decoration. That is, under normal conditions of use, the minimum warranty period for residential interior decoration works is two years, and for those with waterproof requirements, the kitchen, bathroom, and exterior walls are leakproof for five years.
In addition, the management method also stipulates that after the completion of the residential renovation project, the fitter shall carry out inspection and acceptance in accordance with the engineering design contract and corresponding quality standards. After acceptance, the decoration company shall issue a residential interior decoration quality warranty. The warranty period is calculated from the date of acceptance.
Xiao Bian reminded: This is currently a legal effect of the mandatory provisions on the repair warranty. This is also a basic rule. The warranty service provided by the decoration company must meet this requirement. For a good decoration company, the warranty period will generally be longer than specified.
2, the contract warranty can not be lackingAlthough there is a mandatory requirement of the Ministry of Construction, the content of the regulations is not very detailed. Therefore, when signing a renovation contract with a decoration company, the warranty clause must not be ignored in the contract. The warranty terms in the renovation contract should be subdivided into the specific warranty period. Some repair companies have some warranty service time longer than the national regulations, and these need to be reflected in the contract.
3, do not forget to sign a repair warranty
After acceptance of the renovation project, the owner should request the decoration company for the repair quality warranty. The warranty will generally show the date of completion of the renovation project, the date of acceptance, the date of warranty, warranty records, as well as the responsibility for certain specific decoration issues. After the owner receives the warranty, he needs to keep it in order to prepare it.
4, choose a regular decoration company to ensure the rights and interests
Before the renovation, many owners took the attitude of saving money and chose a cheaper decoration company and even decorated the guerrillas. If you have problems after you stay, you may face situations where you cannot find someone responsible. The formal decoration company generally guarantees that there will be problems during the warranty period and can be repaired and solved. In addition, some regular decoration companies have longer warranty periods and owners can be more assured.
Second, the warranty details
As mentioned earlier, although the Ministry of Construction’s regulations on the decoration warranty period have a mandatory time limit, if these two phrases are used alone, they can still be exploited by poor companies to pit owners. How to avoid this situation, a more effective way is to try to install the warranty contract, warranty period, how to determine the warranty liability, etc., in the decoration contract or in the repair warranty.
1, in the contract plus the warranty fund
When the owner signs a decoration contract with the decoration company, it is best to add the terms of the warranty fund to the contract. That is to say, after the acceptance of the fitting-out project is passed, the owner has the right to retain a warranty fund equivalent to 5% of the total amount of the renovation project. If the quality of the project does not occur within the warranty period after the completion of acceptance, the owner will return the warranty fund to the decoration company.
2. Clear warranty and liability
Although some decoration companies have detailed warranty terms, many of them are favored by the decoration company, and the owners need to consult carefully when signing the contract. If Xiaobian sees a warranty statement, he mentioned that the decoration company is responsible for repairing the quality problems that appear, and is not responsible for the losses caused by quality problems. This is obviously irrational. Therefore, when signing a contract, it is also necessary to clarify in the contract that the decoration construction party should perform the warranty obligations and bear the liability for the losses caused.
3, decoration quality problems liability appraisal
Many home improvement disputes are attributed to the owner's responsibility as a decoration company. The decoration company feels that the owners themselves have used improperly or that the main materials purchased by the owners are of quality problems. In the face of this difficult situation, it is reminded that the industry mainly fully preserves all kinds of evidence. Conditional owners can ask the relevant third party to issue the results to clarify the responsibility and determine the responsible party.
4, repair items need to re-acceptance and then extend the warranty period
Many owners are faced with such a situation. When a problem occurs in a project of a house, the decoration company is notified to repair it, but this problem occurs again soon after the warranty period, and the decoration company may have already passed the warranty period. For the refusal to provide free warranty for the owner. In order to avoid such a situation, the owner needs to negotiate with the decoration company when signing the contract, clearly stipulates that the project that has quality problems during the warranty period will be re-accepted after maintenance, and the warranty period will be extended from the date of re-acceptance.
5. Solution to housing problems after the expiration of warranty
After the expiration of the warranty period, if there are quality problems, how can this be done? In this case, the decoration company can generally require the decoration company to carry out the project maintenance for the owner, and the maintenance only charges the corresponding maintenance cost, and there are no other project fees.
Third, clarify the owner's own responsibility
Sometimes, the appearance of some decoration quality problems may be caused by improper use of the owner or failure of the provided materials. In this case, the owners cannot justifiably take trouble and negotiate with the decoration company in peace, so as to solve the problem.
1, the owner can change the warranty period expires
After the house has been checked and accepted, the decoration company will hand it over to the owner, and if the owner later reconstructs the house. Then, if there is no communication with the decoration company before the renovation, the unauthorized alteration and modification of the house may damage the decoration structure of the house and affect the use of the decoration effect. In this case, you will generally no longer enjoy the decoration warranty period.
2. Damage repair caused by improper use of the owner
In the course of use, if the owner is inadvertently causing damage, the main responsibility should be borne by the owner himself. If it is within the warranty period, you can negotiate with the original decoration company to repair it, but the owner should give economic compensation as appropriate, and generally should pay for material and labor costs.
3, the restoration of the quality of housing construction
The warranty on the quality of the structure of the house itself should not be the responsibility of the decoration company. Instead, they should find an open house for the house. For the warranty on the quality of the house itself, there are additional regulations that the owner can check.
4. Damage repair due to force majeure
In general, decoration companies generally do not assume responsibility for damage caused by human factors and force majeure. The force majeure mentioned here may be earthquake, flood, etc.
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