Comment on the uncertainties in the contracts. Describe the points to be made about the uncertainties. A
Question:
Comment on the uncertainties in the contracts. Describe the points to be made about the uncertainties. A portion of the contract is described below:
A. Warranties. Seller expressly warrants to BUYER, its affiliates, assigns, and beneficiaries, that (i) it will use best efforts to provide the Services requested hereunder, (ii) it will perform the Services at the highest standard of performance in the industry in which such Services are to be performed, (iii) Employees will have sufficient skill, knowledge, and training to perform Services, and (iv) the Services will be performed in a professional and workmanlike manner.
B. Payment Terms. Fees are due and payable monthly upon receipt of invoice. Buyer shall pay Seller through [Insert Payment Method here]. In the event Buyer disputes in good faith any invoiced amount, Buyer shall provide written notice to Seller within 20 days of the invoice date specifying the nature of the disagreement. The parties shall use diligent efforts to resolve such dispute within 10 days following Seller's receipt of such notice; in the event the dispute cannot be resolved within such time frame, Buyer may withhold the disputed amount from payment. In the event any amounts due that are not being disputed in good faith in accordance with this subsection (d) remain unpaid beyond the 30th day after invoice date,
Buyer shall pay a late charge of 1.5% per month on the undisputed amounts after the due date until such payment is made. Except for amounts disputed in good faith pursuant to this subsection (d), Buyer agrees that it shall neither make nor assert any right of deduction or
set-off from invoices submitted by Seller for Seller Services.
Smith and Roberson Business Law
ISBN: 978-0538473637
15th Edition
Authors: Richard A. Mann, Barry S. Roberts