East Devon District Council

Cookies information

eastdevon.gov.uk uses cookies to make the site simpler. Find out more about the cookies we use.

Guide Standard conditions of contract

Show all parts of this guide

6. Default by supplier and buyer’s remedies

  1. If the Service (including any goods supplied as part of it) shall not in every respect be of the quality contracted for, in the opinion of the Buyer whose decision shall be final, or if it shall not be provided at the time required, or if the Supplier shall in any other way fail to comply with the terms of the Contract, then the Buyer may reject the Service or goods (as the case may be).
  2. In every such case the Buyer, without prejudice to any other remedy for breach of contract, shall be entitled to purchase, at such prices and on such terms and conditions as the Buyer determines, a new equivalent Service or any part thereof or employ any other person to provide the Buyer with a similar Service during the remainder of the term of the Contract or any part of that term in the place of the Supplier, and in such cases the Supplier shall pay to the Buyer or the Buyer may deduct from any sum that is due or may become due to the Supplier under the Contract or otherwise, a sum equal to all costs, charges and expenses relating to such additional or replacement supply or arising from such failure to perform the Contract.
  3. Without prejudice to paragraphs 6.1 and 6.2, if the Supplier shall have committed a material breach of this Contract and (if such breach is capable of remedy) shall have failed to remedy such breach within thirty days of being required by the Buyer in writing to do so, the Buyer shall be at liberty to determine this Contract forthwith by notice in writing, and arrangements as in paragraphs 20.2 and 20.3 shall apply.