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aks_aks123 (-)     08 February 2012

Remoteness of damage (liquidated)

"Its is hereby understood and agreed that if any manufacturing (of any product) defects are found in the products at a later date, the Buyer (party who buys) shall withdraw from the market the products either voluntarily or upon the directions of the government, and shall return the same to the Manufacturer (party who manufacturers).  In such event, the Buyer will raise Debit Note for the invoice value of the goods so returned, transport charges and other incidental expenses, if any.  The manufacturer will pay the Buyer the amount of Debit Note immediately upon receipt of the same."

 

the above is an extract from a contract being signed. Please could someone enlighten on the highlighted portion, as per the below queries - 

1. Can remoteness of damage be applied here and transport charges be legally taken as CHARGES TILL POINT OF FIRST DELIVERY (incase the BUYER exports the material or sends it to some other location and thereon).

2. Incidental charges - can they come under remoteness of damage, as these charges could span out to millions even beyond the value of the material considering that the material will have to go all across the globe and in India too.

 

please let me have your feedback.



Learning

 2 Replies

Vakeel Civil Court (Director)     08 February 2012

aks_aks anything can be ask (ed). But only that will be granted by court that is proved and reasonable.

aks_aks123 (-)     09 February 2012

 can there a way to prevent the liability but putting something between the lines?


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