Сделать реферирование текста (8-10 предложений) Express terms Express terms are set out and stipulated expressly in the contract. For example:
"The Seller will within a period of 6 months from the date of delivery of Goods, where Goods which are proved to the reasonable satisfaction of both parties to be damaged or defective or not to comply with the agreed specification due to defects in materials or workmanship or to faulty design, repair, or at its sole discretion replace, such Goods, subject to the following conditions: "
A condition is an essential term of the contract. If a condition is not performed, it may constitute a substantial breach of contract and allow the other party to repudiate the contract, that is, trcat the contract as discharged or terminated. It may also give rise to a claim for damages. If all the conditions are performed, the contract is performed.
A warranty is a term which is secondary to the main purpose of the contract. A breach of warranty does not in itself permit the other party to treat the contract as discharged,although it may allow the party to sue for damages in the event that loss is suffered.
When deciding whether a party is entitled to repudiate a contract, courts may try to determine the intentions of the parties with regard to the terms. For example, the courts might look at the commercial importance of a term in relation to a particular trade, and examine the seriousness of the consequences of a breach. If statements made by parties before a contract is made are not intended to be legally binding, for example the stated age of an object offered for sale, they are usually known as representations. If a representation later turns out to be false, this cannot give rise to breach of contract but instead to a possible action for misrepresentation.