Misleading wording on a provision

Discussion in 'Commercial Law Forum' started by MichaelContQues, 8 June 2018.

  1. MichaelContQues

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    Hi,

    Could use a second interpretation, I'm working on a brown-field contract where there is a provision stipulating:

    'Repaired equipment will not negatively affect Contractor's performance guarantees.'

    Would you interpret this as if repaired equipment breaksdown, Contractor shall not be responsible for consequences of failure to achieve the performance guarantees or that they will be repaired in such a manner that they will ensure compliance with the performance guarantees.
     
  2. Rob Legat - SBPL

    LawTap Verified Lawyer

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    Not enough context to really be able to tell. I’d say the former, as it’s not particularly sensible to make a promise about how something will behave that you can’t control.
     
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  3. Clancy

    Clancy Well-Known Member

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    Clearly taken OUT of context.... If it was not taken out of context, then the clause would be 'Repair of equipment will not negatively affect Contractor's performance guarantees.'
     
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