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    • Join Date: Jul 2005
    • Posts: 928
    #1

    meaning

    Hi,

    I have a contract which includes the following 2 sentences:

    The manufacturer undertakes, within 2 days after the customerís request, to provide the customer in writing with the manufacture formula ordered by the customer.

    The manufacture formulae shall be provided by the manufacturer to the cusotmer within 5 days after the date of its completion.

    Are they not contradictory?

    Thanks a lot!

    Hanka

  1. ladybird987's Avatar

    • Join Date: Jul 2008
    • Posts: 110
    #2

    Re: meaning

    Undertakes - it means he starts doing somethink to provide the customer with it, not necessarily fruitfully.
    But he has to manage providing the customer with it within 5 days.


    • Join Date: Jul 2005
    • Posts: 928
    #3

    Re: meaning

    Quote Originally Posted by ladybird987 View Post
    Undertakes - it means he starts doing somethink to provide the customer with it, not necessarily fruitfully.
    But he has to manage providing the customer with it within 5 days.
    But what is the manufacturer obliged to do within the mentioned 2 days? The sentence says that he commits to provide the formulae.

  2. ladybird987's Avatar

    • Join Date: Jul 2008
    • Posts: 110
    #4

    Re: meaning

    Take some action
    "Undertakes to provide" - doesn't mean "provides"
    e.g. get in touch with him? leave a message? just to let him know that he started working on it.

  3. Raymott's Avatar
    • Member Info
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    • Join Date: Jun 2008
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    #5

    Re: meaning

    Quote Originally Posted by Hanka View Post
    But what is the manufacturer obliged to do within the mentioned 2 days? The sentence says that he commits to provide the formulae.
    Yes, these two sentences are contradictory.
    The manufacturer cannot be undertaking to provide something within 2 days that he is not obliged to deliver until within 5 days.
    Ladybird's explanation does not explain away the contradiction because the manufacturer is making this undertaking only once (by the contract) not each time a customer orders something.
    The contract is poorly worded, and probably not legal.

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