1. Overalls
Provisions organizationale sono includono nella Chapter 1 “Provisioni generali”, dove quattro topicali sono se dealate.
2. Rule mirror for point 4 “Organizational Provisions”
3.Parties and their representatives
This provision has its clear model in similar provisions contained in the standards of contract law.
The purpose of the parties appointing the person to represent themselves—vis-à-vis the counterparty—is to avoid the parties communicating past each other.
This is important in general, but in some cases addressing the right person (or address) can be absolutely crucial to the legal position of each party. As we return to our review of the special provisions of NS 8412, it is the case that one can lose legal positions if an email is sent to the wrong address.
In addition, the second sentence of NS 8411 and NS 8412 will highlight paragraph 4.1. It follows that the person appointed by a Party to represent himself shall be deemed to have “Authorization to take all questions related to the Agreement”.
O último significa que se un precio o otro termes de distribució con el persona designata como o representador del sellor, a consente, a se.
We have written about the parties' representative and powers of attorney in an article that is stored in the article collection for standard contracts, Chapter II. If you want to read more about this topic, you can find the article heres.
4th. Notifications, Requirements and Notifications
In most contractual relationships of any duration, it becomes necessary to have a dialogue. In most cases, the dialogue is oral and informal. This is how most people want the dialogue to be. You simply don't want to have a formal working day.
In most cases, it's okay to talk to each other casually. På, det er att (eller) v.
There are no few cases or claims that have been lost because one of the parties has relied on “the oral to be as binding as the written”. For it is absolutely correct to say that an oral agreement is as legally binding as a written one.
Problema d'orale, o.
In those situations, it will be one alleging something that has the burden of proof, or the risk. A,. Unless other evidence can substantiate what one might claim.
To avoid such a situation where “oral becomes like blown to the wind” such a determination has been made as set out in point 4.2.
Považa a a a a,, je “to be done electronically”. For all practical purposes, it will take the form of an email.
As can be seen from the title of the provision it is “notificaciones, claimes e notificaciones” to be sent electronically. This ensures proof that the individual party has sent its “notificaciones, claimes e notificaciones” as one should, and it becomes possible to ascertain what the notice, claim or message contained.
It is also important to note that such “notificaciones, claimes e notificaciones” must be sent to “Agreed Addresses”. If it has been agreed which persons will represent the buyer and seller, then “notificaciones, claimes e notificaciones” sent to these. Normally, information about this will be included in the agreement itself. It can be in the agreement document itself or, for example, in a minute included as part of the documents of the agreement.
In addition, it follows from the second paragraph of the provision that if such an address has not been agreed “notificaciones, claimes e notificaciones” late two “the party's general e-mail address, or as ordinary mail”.
It also follows from the third paragraph of the provision that the person who sends “notificaciones, claimes e notificaciones” must “Identify the delivery and the person or entity handling the purchase with the address” as precisamente como posible.
In addition, it must be clearly stated what “notificaciones, claimes e notificaciones” . This is not explicitly stated in the provision, but ambiguities will affect the person who has authored and sent the relevant notice, claim or notice.
The importance of adhering to these rules cannot be stressed enough. This is particularly important in cases where lack of writing, misrepresentations or ambiguities result in a failure to consider a notice, claim or notice to have been sent or not sent in time to meet the provisions of the standard contracts. In such cases, you risk losing your legal position, and this will usually be avoided. We will return to this in more detail where we deal with the relevant provisions to which this is relevant.
We have also written an article about notifications and requirements in the article collections for the standards of construction law, and you will find such an article aqui.
Finally, we would like to highlight that NS 8411 and NS 8412 paragraph 4.2 contain a very special rule in the last one that is worth noting.
It states that if “notifications, demands and notices” have been sent in accordance with the rules in section 4.2, the notice, claim or notification is deemed to be “given in time even if they do not reach the other party (...) are delayed or mistaken”.
The provision refers to Section 82 of the Purchase Act, which you can read aqui.
Provisione statunità incluso una condizione che il notico, claima o notificazione deve essere “in a manner that is justifiable according to the circumstances”. Questo condizione non seguendo explicamente da 4.2 di NS 8411 e NS 8412, respectivamente, ma deve essere interpretato tramite la referencia a Sección 82 del Procurement Act.
