Commercial Law Assignment: Client and Contractor Agreement Analysis

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Homework Assignment
AI Summary
This assignment presents a commercial law contract between a client and a contractor, outlining their respective obligations. The contract details the client's responsibilities, including payment terms and adherence to instructions, while the contractor agrees to provide repair services for an antique vase, following the client's specifications. The document specifies that the client must pay a fee for the repair work, with penalties for late payments, and that additional services require a new agreement. The contractor must follow the client's instructions diligently and is prohibited from charging advance payments. The contract also includes a termination clause, stipulating that it ends upon service completion, with mutual consent required for extensions. The contract is signed by both parties, indicating their agreement to the terms and conditions. This example provides a practical illustration of contract law principles, including obligations, payment terms, and termination clauses.
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Running head: COMMERCIAL LAW 1
Commercial Law
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COMMERCIAL LAW 2
The contract dated:
Between:
The Client
And
The Contractor
(Hereinafter referred to as the “Parties” collectively)
Whereas:
A. The Client is of the view that the Contractor posses the required knowledge for the
repairs of the vase.
B. The Contractor agrees to provide the services related to the repairing of the vase for
display at concert.
C. The Parties plan to present their rights and duties respectively.
In consideration of the mutual benefits incorporated in the agreement the Parties agrre on the
following aspects:
1. Client’s Obligations:
a) Payment: The Client agrees to pay the Contractor a fee of hundred fifty dollars in
order to carry out the repair works of the vase.
b) The payment must be made by the Client to the Contractor in manner failing which
overdue charges would be imposed.
c) Stringent action would be taken if the Client fails to make the payment for the repair
work for a prolonged period.
d) Once the obligations on part of the Contractor are fulfilled with respect to the
providing of services related to the repair work, the Client shall not instruct the
Contractor for the availing of any further services.
e) If any further services are required by the Client, another agreement shall be formed
between the Client and Contractor.
f) The instructions must be made by the Client to the Contractor in a proper and
appropriate manner so that it is easy to understand for the Contractor.
g) The Client must not indulge in any kind of activity which would be impeding the
repair work of the Contractor. If it is reported that the Client has acted in an
unreasonable manner, this contract would be terminated immediately without any
refund for the Client.
2. Contractor’s Obligations:
a) The Contractor agrees to provide services relating to the repair of an antique vase as
instructed by the client.
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COMMERCIAL LAW 3
b) The Contractor must follow the instructions of Client for the carrying out of services
in a proper and appropriate manner.
c) Failure to follow the instruction s of the Client would lead to the negligence of duty
on part of the Contractor.
d) The repair work must be carried out in a fashion as specified by the Client so that the
antique vase is fully repaired thereby implying the avoidance of the possibility of any
further damage.
e) The Contractor must not charge any payment in advance prior to the commencement
of work.
f) Harassing the Client by the Contractor in terms of payment without the providing of
the specific service would lead to the stringent action against the Client.
3. Termination:
The contract would be terminated on the completion of services, subject to prior
termination as per the clauses in the contract. The parties must agree by mutual
consent if the period needs to be extended.
In witness to the terms and conditions mentioned in the contract, the Client and the
Contractor have signed the contract in the space furnished below on ________ day of
______, 2019.
___________
(The Client)
__________
(The Contractor)
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