Article 635. Responsibility of the contractor for the inadequate quality of work of the Civil Code of the Republic of Kazakhstan
1. If the work has been performed by the contractor with deviations from the contract that have worsened the work, or with other defects that make it unsuitable for the purpose stipulated in the contract or, in the absence of a corresponding condition in the contract, for normal use, the customer has the right, unless otherwise provided by legislative acts or the contract, at his discretion, to require the contractor:
1) gratuitous elimination of work deficiencies within a reasonable period of time;
2) a proportionate reduction in the price set for the work;
3) reimbursement of their expenses for the elimination of deficiencies, when the customer's right to eliminate them is provided for in the contract.
2. The contractor has the right, instead of eliminating the shortcomings of the work for which he is responsible, to perform the work again free of charge with compensation to the customer for the losses caused by the delay in performance. In this case, the customer is obliged to return the results of the work previously transferred to him to the contractor, if such a return is possible due to the nature of the work.
3. If deviations in the work from the terms of the contract or other defects in the work are significant and irremediable, or the discovered defects have not been eliminated within a reasonable period specified by the customer, the customer has the right to withdraw from the contract and demand compensation for the losses caused.
4. The contract may provide for the release of the contractor from liability for certain deficiencies. This condition does not apply if the customer proves that the deficiencies were caused by the contractor's culpable actions or omissions.
5. The contractor who provided the materials for the work is responsible for their quality according to the rules on the seller's liability for goods of inadequate quality (sub-paragraphs 1)-3) and 5) paragraph 1 of Article 428 of this Code).
President
Republic of Kazakhstan
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