Availability of contract terms

Article 13. Availability of contract terms

Article 13 Availability of contract terms

According to these terms, Austrian law would govern the contract.

The written contract documents contained the clauses terms as per The European Contract for Spot Coffee (hereinafter ECC) and Arbitration Hamburg .

The contract was drafted in English, but the order form contained a provision referring to the buyer's general terms of contract, reproduced on its back side in German.

Moreover, annexes within the contract foresee that by year four of the company's presence in Liberia, the terms of the contract would be amended to expand the contract area to cover the entire country.

Article 13 Once an insurance contract is formed, the applicant shall pay the premium in accordance with the terms and conditions of the contract and the insurer will be at risk effective from the date as specified in the insurance contract.

Article 56 After the establishment of the contract, the applicant may pay the premium by a single premium or by installments in accordance with the terms of the contract.

Moreover, the Court held that the buyer's general terms of contract were inoperative as they had not been drafted in the language of the negotiations or of the contract.

(b) The effect of continuation is that all terms of the contract are enforceable.

Clarification was sought on the use of the words terms that regulate each shipment and terms of a volume contract in proposed draft article 3 (3) of the draft instrument.

(7) Where a securities firm does not conclude business contract with its client or write down necessary terms and conditions as prescribed in the business contract concluded with its client according to provisions

(1)Where there is no close relationship between it and the principal contract in terms of economic features and risks and

(c) To determine adherence to the terms of the contract, such as deliverables, time and material provisions

3. A carrier's public schedule of prices and services, transport document, electronic transport record, or similar document is not a volume contract under paragraph 1, but a volume contract may incorporate such documents by reference as terms of the contract.

21. Recalls that, in accordance with article 5 of the United Nations general conditions of contract, the terms of any subcontract shall be subject to and conform to the provisions of the general conditions of contract

Article 49 The insurer may directly indemnify a third party for loss or damage caused by the insured of a liability insurance contract in accordance with the provisions of laws or the terms of an insurance contract.

By establishing minimum levels of liability, which apply mandatorily and may not be contractually modified, existing liability regimes seek to ensure the protection of cargo interests with little bargaining power, i.e. small shippers and third party consignees, against unfair contract terms unilaterally introduced by the carrier in its standard terms of contract.

As has been pointed out at the outset, by establishing mandatory minimum levels of liability, existing liability regimes seek to ensure the protection of cargo interests with little bargaining power, i.e. small shippers and third party consignees, against unfair contract terms unilaterally introduced by the carrier in its standard terms of contract.

Thus, a central feature of existing international liability regimes is a restriction of freedom of contract with the legislative intent to ensure the protection of small parties against unfair standard contract terms.

(b) This Instrument applies to the terms of a volume contract to the extent that they regulate a shipment under that volume contract that is governed by this Instrument under subparagraph (a).

(b) This Convention applies to the terms of a volume contract to the extent that they regulate a shipment under that volume contract that is governed by this Convention under subparagraph (a).

The Panel met Mr. Saint Yrian and Mr. Majmader in Monrovia to discuss the terms of the contract and the circumstances surrounding its agreement.

Some organizations expressed the need for adequate and timely legal support to enable procurement services to cope with any breach of contract on the part of vendors suppliers and ensure timely compliance with contract terms.

2.2 The Contractor shall have the exclusive right to explore for (polymetallic sulphides) (cobalt crusts) in the exploration area in accordance with the terms and conditions of this contract.

Due to an alleged failure from ENTEL to comply with the contract terms, the company filed an administrative claim against ENTEL in 1987, which was dismissed in May 1988.

4. The right of derogation under this article applies to the terms that regulate shipments under the volume contract to the extent these terms are subject to this Instrument under Article 3 (3)(a).

The Supreme Court discussed whether the buyer's general terms of contracts could validly integrate the contract and, if not, which law should apply.

We support the recognition of party autonomy, including the understanding that the article as drafted encompasses variation of terms by implication, such as by contract terms at variance with the transactional provisions of the convention.

the Authority hereby grants to the Contractor the exclusive right to explore for (polymetallic sulphides) (cobalt crusts) in the exploration area in accordance with the terms and conditions of this contract.

However, it was also observed that the use of the words any shipment could generate misunderstanding since only some terms of the volume contract might be subject to the draft instrument, for example in the case of a volume contract that mixes international and domestic shipments.

1. Notwithstanding article 88, if terms of a volume contract are subject to this Instrument under Article 3 (3)(b), the volume contract may provide for greater or lesser duties, rights, obligations, and liabilities than those set forth in the Instrument provided that the volume contract is agreed to in writing or electronically , contains a prominent statement that it derogates from provisions of the Instrument, and

The BMA's junior doctor leader, Dr Johann Malawana, resigned following the vote to reject the negotiated terms of the contract, which the BMA had recommended.

Conversely, the terms or stipulations of the volume contract that did not regulate individual shipments remained outside the scope of application of the draft instrument.

Nothing in this Convention affects the enforceability of an arbitration agreement in a contract of carriage in non liner transportation to which this Convention or the terms of this Convention apply by reason of

Not only was there a performance risk, but also experience, particularly in the construction sector, indicated that businesses submitting abnormally low tenders subsequently tended to use all possible means to contest procurement proceedings and to improve the terms of the contract, with attendant upward pressure on the contract price.

(a) This Instrument applies to the terms that regulate each shipment under a volume contract to the extent that the provisions of this chapter so specify.

(a) This Convention applies to the terms that regulate each shipment under a volume contract to the extent that the provisions of this chapter so specify.

The general terms of delivery and payment of the contract contained a choice of German law and special rules on the notice of lack of conformity.

(1) quater. In practical terms, enacting States may wish to prescribe the manner in which the parties will sign or otherwise authenticate a procurement contract concluded electronically, in accordance with their laws on electronic commerce.

The Working Group, in connection with that article, inquired about the necessity of providing an explanation, in an additional comment, on the subject of what was meant by the two terms contract and agreement .

It was suggested that this goal was achieved through the combined effect of the conditions set out in the paragraph above that there be mutual agreement to known terms of the contract.

1. Except as otherwise provided in this Convention, an assignment does not, without the consent of the debtor, affect the rights and obligations of the debtor, including the payment terms contained in the original contract.

It was suggested that requesting consent to be bound by the terms of a volume contract derogating from the draft instrument would provide sufficient safeguards to third parties.