Legal analysis
Some formal companies often use quality deposit, usually to prevent the poor quality of suppliers from causing losses to the company's property. The specific proportion required by each company is actually different, generally 20%, that is, when purchasing this batch of goods, the purchaser will detain or pay less than 20% until the quality is guaranteed after inspection. In fact, as long as both parties agree, the warranty money can be detained. In most cases, a certain amount of quality deposit needs to be withheld when signing an equipment contract, and it will be returned after the contract is completed. The purpose of the project quality warranty payment stipulated in the construction contract of the construction project is to ensure that the funds needed for the project warranty are in place in time, and it is a guarantee measure to constrain the construction unit to fulfill its warranty obligations. Therefore, the quality warranty payment should be processed after the warranty period expires. Quality warranty money is mainly used to guarantee the quality problems after the completion and acceptance of construction projects, so what can be set should be set.
legal ground
Article 502 of the Civil Code of People's Republic of China (PRC) * * * A contract established in accordance with the law shall take effect upon its establishment, except as otherwise provided by law or agreed by the parties. In accordance with the provisions of laws and administrative regulations, if the contract should go through the approval procedures, such provisions shall prevail. If the failure to go through the formalities such as approval affects the effectiveness of the contract, it will not affect the performance of the obligation clauses such as approval and the effectiveness of relevant clauses in the contract. If the party that should go through the formalities for approval fails to perform its obligations, the other party may require it to bear the responsibility for violating its obligations. The modification, assignment and dissolution of a contract shall be subject to the provisions of laws and administrative regulations, and the provisions of the preceding paragraph shall apply and shall be subject to approval.
Article 3 of the Interim Measures for the Management of Construction Project Quality Security Deposit: The Employer shall specify the contents of security deposit reservation and return in the tender documents, and make an agreement with the contractor on the following security deposit-related matters in the terms of the contract: (1) the way of security deposit reservation and return; (2) The proportion and term of deposits; (3) Whether the deposit pays interest, and if so, the calculation method of interest; (four) the duration and calculation method of the defect liability period; (five) procedures for handling disputes such as deposit reservation, return and engineering maintenance quality and cost; (6) Claims for defects during the defects liability period; (seven) the payment method and the liability for breach of contract for overdue return of the deposit.