shall be the essence of the Contract

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apoziopeza

Senior Member
slovak
Hi,

Please advise,

What is the meaning of the underlined? Does it mean - It is essential under the Contract to observe the date of delivery specified by the Company?

Thanks,

A.

DELIVERY. The date of delivery specified by the Company shall be the essence of the Contract. The Goods shall be securely and properly packed by the Supplier and, if applicable, in accordance with any instructions given by the Company and delivered to the address specified on the Purchase Order. The Supplier shall give reasonable notice to the Company of the time of delivery. The Supplier shall give the Company immediate notice in writing if any delay is foreseen, including details of the cause of such delay. The Supplier shall mitigate the effects of any delay to the progress of the Goods irrespective of cause.

Context - Conditions of Purchase for General Supplies
 
  • Barque

    Senior Member
    Tamil
    Does it mean - It is essential under the Contract to observe the date of delivery specified by the Company?
    Yes, and a little more. If something is "the essence of the contract", it's a very important and essential aspect, something that the contract hinges upon, and if not complied with will probably give the other party some specific rights.
     

    Glenfarclas

    Senior Member
    English (American)
    To say that something is "[of] the essence of the contract" is a specific legal term which means that any deviation from the stated conditions (e.g., delivering the product the next day) constitutes a material breach of contract.
     

    se16teddy

    Senior Member
    English - England
    If I remember by law classes correctly, if a term of a contract is "of the essence of the contract", and if a party breaches that term, it allows the other party to refuse to fulfil any of the terms of the contract.

    Some terms are by their nature of the essence of the contract. For example, if I promise to give you my bicycle in return for payment, and if I do not do so, then you are entitled to refuse to pay. Other minor terms are not obviously essential, but more borderline, and the exact wording of the contract can influence whether that term is "of the essence" - for example, if the bicycle doesn't have a saddle when I hand it over.
     
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