A contract of enterprise creates certain obligations that must be fulfilled by the parties who entered into the contract. From a legal point of view, a party`s failure to comply with one of its contractual obligations is classified as an „infringement”. Depending on the particularities, an infringement may occur if a party does not work on time, does not do so in accordance with the terms of the agreement or does not do so at all. As a result, an offence is generally considered either a „material breach” or an „immaterial breach” for the to determine the appropriate legal solution or „remedy” for the infringement. „Reimbursement” as a contractual agreement means that the non-injuring party is put back in a position to be before the breach, while „termination” of the contract invalidates the contract and relieves all parties of any obligation arising from the contract. When a nature or business violates a contract, the other contracting party has the right to remedy (or appeal) it under the law. The main means of recourse in case of breach of contract are as follows: if you face productively, try to restore coordination, trust and integrity. They address the person directly. Your goal is to repair the task, the relationship and the pain. You only confront each other once and you follow the solution.
In the best case, you will get a new deal that closes the deal. Even worse, you realize that your opponent is not trustworthy and you can responsibly decide what you want to do there. The third level concerns the integrity of the person. If your opponent insists that he didn`t have to call because the absence „wasn`t his fault,” you might confront him with the importance of his commitments. The promise came from him; Therefore, by his own word, he is required to respect him, to inform you of the problem as soon as he discovers it, and to try to minimize the consequences for you. However, if the colour of the pipe had been mentioned as a condition in the agreement, a breach of that condition could constitute a „serious”, i.e. repugnant offence. It is not only because a condition in a contract is indicated as a condition by the parties that this is not necessarily the case. However, these statements are one of the factors that are taken into consideration in determining whether it is a condition or warranty of the contract.
Outside of where the color of the pipes went to the root of the contract (suppose the pipes should be used in a room dedicated to artwork related to sanitary facilities or dedicated to high fashion), it would most likely be a guarantee, not a condition…
