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With a service contract, the contractor undertakes to perform a specific task, such as the production or repair of an item, physical or intellectual work, etc., while the client commits to paying for it. If a contract stipulates that one party must produce a specific movable item using their own material, it is considered a sales contract in the event of doubt. However, the contract remains a service contract if the client has committed to providing a substantial part of the material necessary for the production of the item. In any case, the contract is regarded as a service contract if the parties primarily intended to emphasise the contractor’s work.258

 

258 Cf. Art. 619 and 620 of OZ.

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