Contractual terms

Change in contract terms.

Article 13. Availability of contract terms

Availability of contract terms

Article 13 Availability of contract terms

OIOS also observed that the Organization's request for proposals and contract documents did not contain penalty clauses in the event that contractors failed to comply with the terms and conditions of the contract.

The contract was drafted in English, but the order form contained a provision referring to the buyer's general terms of contract, reproduced on its back side in German.

Contractor's compliance with the terms and conditions of the contract

(iii) Subcontracts Payments falling due in the current year according to the terms of the contract or payment schedule

They were operating with social constraints rather than contractual ones.

(b) evidences or contains the terms of the contract of carriage

In this regard, OIOS recommended in an observation that the capital master plan office, in coordination with the Office of Legal Affairs and the Procurement Service, consider including penalty clauses in United Nations construction contract documents to help ensure that contractors comply with the terms and conditions of the contract.

21. Recalls that, in accordance with article 5 of the United Nations general conditions of contract, the terms of any subcontract shall be subject to and conform to the provisions of the general conditions of contract

Moreover, the Court held that the buyer's general terms of contract were inoperative as they had not been drafted in the language of the negotiations or of the contract.

Article 4(1) is the first part of the provision relating to volume contracts.

Article 17 If there are any exclusion clauses imposed by the insurer in the insurance contract, then the insurer shall give specific and clear explanations thereof to the applicant when concluding the insurance contract, otherwise such clauses shall not be enforceable.

Next, our contract will contain the usual provisions.

2003 OECD article 26 also treated these two separate issues within article 26 (1).

OIOS believes that in accordance with the terms of the contract, work was to have been completed on 13 June 2005.

then such transport document or electronic record shall comply with the terms of this Instrument and the provisions of this Instrument shall apply to the contract save that, as regards the relations between the parties to any of the types of contract referred to in Article 3, the Instrument shall only apply where it is consistent with the terms agreed in that contract and, in the case of inconsistency, the terms agreed in any such contract as is referred to in Article 3 shall prevail.

(b) This Convention applies to the terms of a volume contract to the extent that they regulate a shipment under that volume contract that is governed by this Convention under subparagraph (a).

(b) The effect of continuation is that all terms of the contract are enforceable.

The contract included an arbitration clause as well as a clause that preserved any immunity that might accrue to ICAO.

It was suggested that the reference in paragraph 53 to the invitation of proposals with respect to the revised specifications and contractual terms might imply that the terms of the contract were open to negotiation even prior to the final award.

The same provisions exist in Austria (Purchase Contract Awards Act 2002, para.

(b) This Instrument applies to the terms of a volume contract to the extent that they regulate a shipment under that volume contract that is governed by this Instrument under subparagraph (a).

An ex post facto correction clause could undermine the stability of contracts.

Definition of volume contract (proposed redraft article 1, paragraph x)

The contract of carriage should meet the requirements of proposed new article 88a

According to these terms, Austrian law would govern the contract.

A collective labour contract shall not contain clauses which are less favourable for workers and employees than those established by the law (art. 50, para. 2, of the Labour Code).

The view was expressed that the application of exclusive jurisdiction clauses to third parties should not be limited to the context of proposed new article 88a volume contracts, but that the principle should extend to all contracts of carriage.

A collective labour contract shall not include clauses counteracting the imperative provisions of the law (art. 50, para. 1, of the Labour Code)

However, there was no arbitration clause in the contract between them.

4. The right of derogation under this article applies to the terms that regulate shipments under the volume contract to the extent these terms are subject to this Instrument under Article 3 (3)(a).

Ibid. at 61(2).

A number of cases have taken an even broader approach finding that incorporation by reference might be found even if the arbitration clause was not in the main contract, provided there was some written reference to the document containing that clause and that the party against whom it was invoked was aware of the contents of the document when concluding the contract and accepted the incorporation of the document in the contract.

The written contract documents contained the clauses terms as per The European Contract for Spot Coffee (hereinafter ECC) and Arbitration Hamburg .

The text of draft paragraph 72 (b) should refer to the contractual place of receipt and the contractual place of delivery.

9.16 In response to the authors' challenge of the so called Christian object clause in section 1 2, paragraph 1, of the Education Act, the State party submits that, according to the Christian object clause itself, it shall only apply in agreement and cooperation with the home .

Id. at art.

The relationship between the Claimants and their former employees was contractual in nature and the terms of such contracts, whether written or implied by law, required that the payments be made upon termination of the employment relationship.

(7) Where a securities firm does not conclude business contract with its client or write down necessary terms and conditions as prescribed in the business contract concluded with its client according to provisions

The Office of Legal Affairs of the United Nations Secretariat has also opined that the objective to be achieved through the inclusion of penalty clause in contracts can instead be realized through the inclusion of liquidated damages clauses, without raising the same issues of validity and enforceability associated with penalty clauses.

Recalling Articles 4.1, 7.2, 9.2, 10.2, 12.1, 12.5, 12.7 of the United Nations Framework Convention on Climate Change,