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What happens if during a long and complex negotiation a buyer makes note of certain commitments made by the vendor, and the note was signed by both parties?

During the project, however, the vendor refuses to accept this commitment as it was not included in the subsequent Contract. The Vendor:    

A.  Is incorrect, as vendor is obliged to everything that was agreed

B.  Is correct as they are bound by the contract only   

C.  Is insensitive and should accept this in view of long term relationship

D.  Should accept if the cost involved is small

 

 

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Question added by Muhammad Farooq , QA-QC MANAGER , AL Bawani contracting co.
Date Posted: 2016/07/02
Muhammad Farooq
by Muhammad Farooq , QA-QC MANAGER , AL Bawani contracting co.

The most suitable answer is Option B. Is correct as they are bound by the contract only   

mamoun mokhtar
by mamoun mokhtar , general manager , albyan technical foungary

if a document is signed then it is a commitment ,  asigned contract is an obligation to all parties

Ksenija Kancelak
by Ksenija Kancelak , Construction Project Manager , City of Koprivnica, Koprivnica (Croatia)

My opinion is that the right answer is:

B. Is correct as they are bound by the contract only

Deleted user
by Deleted user

Agree with MR  Muhammad Farooq 

Contract is the only authentic document between the parties.

Correct answer is B.

Thanks for invitation

 

Usman Islam
by Usman Islam , Logistics And Warehouse Manager , Kirtanlal Scaffolding & Formwork

Option A because when the note was signed by both, under implied term of contract it become part of it.

Mohamed Helal
by Mohamed Helal , Project Manager , GROUP CONSULT INTERNATIONAL

A.  Is incorrect, as vendor is obliged to everything that was agreed

sardar mardookhy
by sardar mardookhy , Head of portfolio management department , MCI

B is the answer,....

Thanks

Krishna   KHASANIS  PMP
by Krishna KHASANIS PMP , Project Manager-Electrical , Larsen & Toubro Ltd, P T & D (International)

Answer is B.

Any commitment not in the contract does not have to be met even though it was agreed upon during negotiations because contract supersedes all negotiations, discussions, memos, agreements etc. before signing the contract.

Ahilan R
by Ahilan R , Scientific Assistant-D , Nuclear Power Corporation of India Ltd (NPCIL)

C.  Is insensitive and should accept this in view of long term relationship

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