Errors in concluding a framework agreement
Posted: Sat Feb 01, 2025 4:39 am
The weak point of a framework agreement is its vague wording, which leads to ambiguous interpretation. Let's look at common mistakes that can be made when concluding a framework agreement.
The main contract has not been executed
There are often situations in which customers meticulously list and record the terms of the framework agreement, but after the start of cooperation they forget to document all the essential terms that were not previously reflected. That is, in essence, they do not have a main agreement with the counterparty.
What are the possible thailand email list consequences? Since the framework agreement is rather declarative in nature, i.e. it does not contain the exhaustive terms of the contract, its signing implies subsequent correction (clause 1 of Article 432 of the Civil Code of the Russian Federation). Thus, all further work on coordination will be unproductive if it is not planned to draw up the main contract. After all, in the absence of documentary recording of the terms, volumes and cost of actions, it will be difficult to present claims to the counterparty.
Mistakes when concluding a framework agreement
Source: shutterstock.com
It is annoying when all additional conditions are specified and agreed upon, but the paperwork was not done properly. Taking advantage of this loophole, an unscrupulous partner, in case of a breach of the contract terms, can refuse to pay a penalty, citing the fact that the delivery of a specific batch of goods was not carried out under the current framework agreement, which means that its terms do not apply to this specific shipment.
The other party (the customer) may well take advantage of the negligence of the execution. For example, having presented the supplier with claims regarding the quality of the goods, the buyer, who is in fact the violator himself, refuses to make the payment.
The main contract has not been executed
There are often situations in which customers meticulously list and record the terms of the framework agreement, but after the start of cooperation they forget to document all the essential terms that were not previously reflected. That is, in essence, they do not have a main agreement with the counterparty.
What are the possible thailand email list consequences? Since the framework agreement is rather declarative in nature, i.e. it does not contain the exhaustive terms of the contract, its signing implies subsequent correction (clause 1 of Article 432 of the Civil Code of the Russian Federation). Thus, all further work on coordination will be unproductive if it is not planned to draw up the main contract. After all, in the absence of documentary recording of the terms, volumes and cost of actions, it will be difficult to present claims to the counterparty.
Mistakes when concluding a framework agreement
Source: shutterstock.com
It is annoying when all additional conditions are specified and agreed upon, but the paperwork was not done properly. Taking advantage of this loophole, an unscrupulous partner, in case of a breach of the contract terms, can refuse to pay a penalty, citing the fact that the delivery of a specific batch of goods was not carried out under the current framework agreement, which means that its terms do not apply to this specific shipment.
The other party (the customer) may well take advantage of the negligence of the execution. For example, having presented the supplier with claims regarding the quality of the goods, the buyer, who is in fact the violator himself, refuses to make the payment.