Other ways of specification

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maksudasm
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Joined: Thu Jan 02, 2025 7:11 am

Other ways of specification

Post by maksudasm »

There are other methods of disclosing the terms of a transaction. For example, specification by assigning the obligation to accept the other party's application is quite common if the terms specified in it are within the limits specified by the contract.

This option implies the conclusion of a specific agreement with the right of the applicant, who forms the order, to demand the signing of an additional contract on his own terms.

This scheme may seem confusing and ambiguous. After all, it is much more convenient to specify the conditions directly by forming unilateral orders without the formal need for acceptance by the other party. Nevertheless, sometimes you can encounter this form of relationship.

Methods of specifying the terms of a framework agreement

Source: shutterstock.com

There is another model, which thailand email list is often called a framework model. The essence: the counterparty undertakes to perform a predetermined minimum volume of any actions: production (delivery) of batches of goods, performance of work, etc.

If the customer submits requests for such operations less than the established limit, he will be held liable.

Of course, there are reasonable doubts whether such an agreement can be considered a framework agreement. By all indications, this is an ordinary standard agreement, because there is no replenishment of any missing conditions as such.

On the other hand, if a framework agreement allows for the performance of actions within a specified scope for a certain period, then all relationships outside these limits are built through the specification of agreements or through unilateral applications. Moreover, the selected option should be immediately recorded in the text of the contract in order to avoid disagreements with the partner in the future.

It should be noted that any disagreements that arise have no prospects in court. For example, one party wants to receive 100 units of a product, while the other insists on shipping larger lots to avoid overcrowding warehouses. In this case, the court will not be able to resolve the situation, because the agreement on the subject of the contract is within the competence of the counterparties themselves.
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