Thread Content
No assent, expressed or implied, by Purchaser or Supplier to any breach of or default in any term, covenant, or condition which this Contract Agreement requires to be performed or observed by the other Party shall constitute a waiver of, or assent to, any subsequent breach of, or default in, the same, or any other term, covenant, or condition herein.
No assent, expressed or implied, by Purchaser or Supplier, to any breach of or default in any term, covenant, or condition which this Contract Agreement requires to be performed or observed by the other Party shall constitute a waiver of, or assent to, any succeeding breach of, or default in, the same, or any other term, covenant, or condition hereof. This is a very formal legal document. The first part of the sentence is easy to understand: the purchaser or supplier does not give any explicit or implicit approval for any violations or failures to fulfill any of the terms, obligations, or conditions specified in this contract. As for the second part, it’s a bit harder to comprehend – it states that such lack of approval shall not constitute a waiver or acceptance of subsequent violations or failures to fulfill those same terms or any other terms, obligations, or conditions in the contract. A literal translation would be that such violations would not mean an abandonment of rights regarding future violations of those terms or of other terms in the contract. My understanding is limited; I hope this can provide some insight. Thank you
This is my personal understanding for reference only: No assent, expressed or implied, by the Purchaser or Supplier to any breach of or default in any term, covenant, or condition which this Contract Agreement requires to be performed or observed by the other Party shall constitute a waiver of, or assent to, any subsequent breach of, or default in, the same, or any other term, covenant, or condition hereof. Any objection, expressed or implied, by the Purchaser or Supplier to any violation or non-compliance with the terms, agreements, or conditions stipulated in this Contract Agreement that are required to be fulfilled or observed by the other party shall be regarded as a waiver of, or acceptance of, any subsequent violations or non-compliances with those or any other terms, agreements, or conditions herein. It can be considered here that, except for violations of the provisions regarding objections to consolidation, if there are subsequent violations of the aforementioned or other provisions but no objection is raised, it is deemed as acceptance.