Student or Learner
I am sorry to bother again, but could you please proofread this:
The purchaser is obliged to check the performance under the contract upon its acceptance and to notify the supplier of any apparent defects without undue delay. He is further obliged to verify quality and functionality of the shipment, where appropriate, and to also report, without undue delay, any defects not discovered by visual inspection upon initial acceptance. Any discovered defects must be reported in writing.
Thank you very very very much!
Is it not possible to use "performance" as a general expression? Like contractual performance, to provide performance etc.? The sentence says that the purchaser is obliged to check the performance once it is provided.
My instinct is no - in this kind of formal situation, everything must be very clear and "performance" in this without something to attach it to becomes meaningless.
I am reading your original as meaning that the recipient is required to test the item supplied to ensure its performance. Is this the correct interpretation?
Yes, your interpretation is correct. I am just a little confused, because, for example, in our Commercial Code, there are provisions using "performance" on its own.
"An obligation is also discharged by the debtor´s late performance, unless prior to it the obligation already became extinguished by the creditor´s withdrawal from the contract"
"If several persons are jointly bound to render the same performance, it is presumed, in case of doubt, that they are bound to perform it jointly and severally."
or maybe I could say "check the subject of performance under the contract"
The first example could also be used in English law; the second one would more likely be "service" .
With reference to the topic under discussion, since the matter is one of physical testing, I do think you need the qualification of "performance" to ensure absolute clarity.