Breach Of Sale And Purchase Agreement
A rejection can occur without one of the parties knowing that this is happening. The refusal by transfer is therefore that a seller transfers a sales contract to a third party. Suppose a buyer signs z.B a sales contract for the purchase of a device that the seller originally rented and is sold because the lease ends. When the seller transfers ownership of the equipment — and the buyer`s sales contract — to the lessor before delivery, the buyer does not purchase the equipment to the party specified in the contract and the transfer refusal. There is a good chance that you will enter into several additional but closely related contracts if you decide to make an offer to buy a business, including: If your customer suffers a real loss, he can replace the costs incurred. If the contract provides for a certain amount, it would be paid for your violation, you may be held responsible for the agreed damages. Or she receives incidental damages to reimburse the costs she incurred. Consecutive damage may be due if the offence is causing injury. While it is not usual in the event of an infringement, your client may receive punitive damages from the court. If you buy a business, you can take over the obligations arising from the seller`s current business contracts, unless you explicitly put them outside those obligations in the sales contract. An infringement occurs when the seller or buyer violates the terms of the sales contract.
Under the Single Code of Commerce, an offence is imposed by the seller when the items sold do not comply with the contract description or when the seller does not deliver the items on time. This includes all written or tacit guarantees or guarantees. If z.B. a car you sold to a customer while the warranty collapses and you do not repair it as stipulated in the contract, you are violating the terms of the contract. Offences can be proven by a number of means. The courts will focus on the original provisions of the document to determine whether there has been an infringement. They will also investigate the conduct of both parties after the alleged offence, in order to determine all the facts related to the incident. A hardware break strikes the heart of the contract and makes it irretrievable. If you miss a delivery date, but your customer still receives his purchase, he can ask for a discount on his next purchase for his problems, but he can usually not complain because you have fulfilled the basics of the contract.
A substantial violation means that you cannot keep the main promise of the sale. For example, if your contract states that you install old cabinets, but instead of installing reproductions, you have not kept the basic promise of the contract and are in material violation. In some cases, breaches of sales contracts can be corrected by other means, for example. B by rewriting the contract or making the product mandatory, etc.