In the process of decoration, if the decoration quality is poor due to the fault of the decoration company, it is necessary to rework, and corresponding compensation is required at this time. The following will be from the legal point of view and practical operation of the two aspects of ** decoration is not good to rework the issue of how to compensate.
1. Legal perspective.
According to the Contract Law of the People's Republic of China, the Consumer Rights and Interests Protection of the People's Republic of China and other relevant laws and regulations, consumers and business operators shall follow the principles of fairness, voluntariness and good faith, maintain social and economic order, and protect the legitimate rights and interests of consumers.
In the decoration contract, the two parties shall agree on the decoration quality standards, decoration period, decoration ** and other contents. If the decoration company fails to complete the decoration project in accordance with the contract, it shall bear the corresponding liability for breach of contract and compensate the consumer accordingly.
Second, the actual operation.
1.Identify the quality of the renovation.
First of all, it is necessary to identify the quality of the decoration. A professional decoration company or a third-party organization can be invited to conduct an assessment, and the assessment results shall be recorded in detail and photographed for retention. If it is found that the decoration quality does not meet the contract, the decoration company shall be notified in time and required to rework.
2.Negotiate a compensation package.
If the renovation company agrees to carry out the rework, then the parties can negotiate a compensation package. Generally speaking, the renovation company will bear the full cost of rework and compensate the consumer according to the actual loss. During the negotiation process, relevant evidence, such as decoration contracts, appraisal reports, etc., should be retained.
3.Filing for arbitration or litigating.
If the negotiation fails, they can apply to the local consumer association or relevant institutions for arbitration, or directly file a lawsuit with the people's court. In the process of arbitration or litigation, the company shall provide sufficient evidence to prove that its rights and interests have been damaged, and require the decoration company to bear the corresponding liability for compensation.
3. Compensation standards.
In the compensation process, there are usually several factors to consider:
1.Direct economic losses: including direct economic losses such as rework costs, appraisal costs, and appraisal costs.
2.Indirect economic losses: including rent or depreciation of the value of the house due to the limitation of the use of the house due to the quality of the decoration.
3.Compensation for personal injury: If the quality of the renovation results in personal injury, the victim can claim that the renovation company bear the corresponding liability for compensation.
To sum up, when it is found that the decoration quality does not meet the agreement and needs to be reworked, the consumer should promptly notify the decoration company and request it to compensate. During the negotiation process, relevant evidence shall be retained, and they may apply to consumer associations, relevant institutions, or people's courts for arbitration or initiate litigation to protect their lawful rights and interests. At the same time, it should be noted that when signing the decoration contract, the decoration quality standards and other contents should be clearly agreed to avoid similar problems.
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