RELEVANT AUTHORITIES

RELEVANT AUTHORITIES

We,(herein ‘‘the buyer’’) esteem  it appropriate for you (herein ‘’the seller’’) to accept the following clauses as they are, because they are fair, reasonable, they protect both our interests and are in accordance with the law based on the following arguments, provisions of the law and persuasive opinions:

Clause 2.2

  • The applicable laws to be used in this section are the UNIDROIT Principles of International Commercial Contracts 2010 (herein the ‘‘UNIDROIT principles’’) and the Uniform Commercial Code where applicable.
  • According to Article 7of the UNIDROIT principle, late performance of an obligation can be referred to a nonperformance which may also be termed as breach.
  • Article 7.1.4 provides for cure by nonperforming party to the aggrieved party.
  • Therefore, the law recognizes that an aggrieved party is entitled to a cure provided by the non performing party.
  • The cure of the late performance provided in the contract  is therefore reasonable.
  • This clause therefore is in conformity with the law. 

Clause 2.5

  • The applicable laws to be used in this section are the UNIDROIT Principles of International Commercial Contracts 2010 (herein the ‘‘UNIDROIT principles’’) and the Uniform Commercial Code where applicable.
  • In the event where the Buyer would like to change an order, this clause allows the vender to give details of any inconveniences that might be caused due to the order change. 
  • This clause also requires the buyer to send a prior notice to the vender of the intention to change any order.
  • The change of order is also dependent on the approval by the vendor. 
  • This clause does not in any way disadvantage the seller hence it is fair and reasonable according to the law.

Clause 6.3

Termination and Convenience

  • The applicable law to be used in this section is the uniform Commercial code (herein ‘‘the Code’’) which governs sales and commercial transactions across the US.
  • According to Section 106 of the Code, termination occurs when either party pursuant to a power created by the agreement or a specific law puts an end to the contract otherwise than for its breach. 
  • Upon termination, all obligations which are still executory on both sides are discharged. However, any rights based on prior breach or performance survives. Hence, upon termination, the ___Technology shall be entitled to a refund of all fees paid in advance for products and services not yet provided by the vendor. 
  • According to the Uniform Commercial Code Section 2-309 on Notice of termination, a contract can be terminated upon the terminating party issuing a notice to the other party within a reasonable time frame. The termination further can be done at any time unless otherwise agreed in writing by both parties. 
  • The Court in the case of California Wine Ass’n V Wisconsin Liquor stated that either party may terminate a contract at pleasure by giving reasonable notice.
  • This clause is in tandem with the law and a 30 day notice is reasonable according to the transaction in the contract.
  • At Legal writing experts, we would be happy to assist in preparing any legal document you need. We are international lawyers and attorneys with significant experience in legal drafting, Commercial-Corporate practice and consulting. In the last few years, we have successfully undertaken similar assignments for clients from different jurisdictions. If given this opportunity, we will be able to prepare the legal document within the shortest time possible.