Express Conditions Are Provided for by the Parties` Agreement
When two parties enter into a business agreement, they often include terms and conditions that outline the rights and obligations of each party. These terms are typically referred to as „express conditions.“ Express conditions are explicitly stated in the agreement and can be enforced by both parties.
Express conditions are important because they help ensure that both parties understand their responsibilities and obligations under the agreement. If a dispute arises, the express conditions can be used as evidence to determine how the parties agreed to handle the situation.
For example, let`s say that a construction company is hired to build a new office building for a client. The agreement includes an express condition that the project must be completed within six months from the start date. If the construction company fails to meet this deadline, the client can hold them accountable for the delay.
Express conditions can also include specific requirements for payment, quality standards, and other important aspects of the agreement. For example, a contract between a software company and a client might include an express condition that the software must be delivered with no more than three bugs. If the software contains more than three bugs, the client can withhold payment until the issues are resolved.
It`s important to note that express conditions must be reasonable and enforceable. If a condition is too vague, ambiguous, or unfair, it may not be enforceable in court. Additionally, if a condition is considered to be against public policy, such as a requirement that one party break the law, it will not be enforceable.
In summary, express conditions are a key aspect of any business agreement. They help ensure that both parties understand their rights and obligations, and can be used to resolve disputes if they arise. When creating an agreement, it`s important to carefully consider the language used in the express conditions to ensure they are reasonable, enforceable, and aligned with both parties` interests.
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