Originally posted by littleboat at 2008-4-29 15:48
The Premises delivered does not meet the conditions as agreed hereunder and materially fails to serve its agreed purpose;
That is not what the original intent of the paragraph.
In law, if you do not spell out damages, you cannot seek recovery.
does not meet the conditions --- is not the same as contractual requirements. That is to say, you open the doors for the other side's lawyer to come back and say they meet the contractual requirements even though the conditions are not met. e.g. 2x8 has the same condtion as a 4x4 in area. but not the contractual required dimension of 2x8.
anyway, that is your thread and you have to decide. hope your company will not be sued.