Einde inhoudsopgave
Principles of European Law on Service Contracts (PELSC)
Artikel 1:104 Duty to Co-operate
Geldend
Geldend vanaf 01-10-2005
- Redactionele toelichting
De dag van de datum van publicatie is gezet op 01.
- Bronpublicatie:
01-10-2005, Internet 2005, www.sgecc.net (uitgifte: 01-10-2005, kamerstukken/regelingnummer: -)
- Inwerkingtreding
01-10-2005
- Bronpublicatie inwerkingtreding:
01-10-2005, Internet 2005, www.sgecc.net (uitgifte: 01-10-2005, kamerstukken/regelingnummer: -)
- Vakgebied(en)
Verbintenissenrecht / Overeenkomst
(1)
The duty under Article 1:202 PECL (Duty to Co-operate) requires in particular:
- (a)
the client to answer reasonable requests by the service provider for information in so far as this is reasonably necessary to enable the service provider to perform the contract;
- (b)
the client to give directions regarding the performance of the service in so far as this is reasonably necessary to enable the service provider to perform the contract;
- (c)
the client, in so far as the client is to obtain permits or licenses, to obtain these at such time as is reasonably necessary to enable the service provider to perform the contract;
- (d)
the service provider to give the client a reasonable opportunity to determine whether the service provider is performing the obligations under the contract; and
- (e)
the parties to co-ordinate their respective efforts in so far as this is reasonably necessary to perform the contract.
(2)
If the client fails to perform the duties under subparagraph (1)(a) or (b), the service provider may either withhold performance under Article 9:201 PECL (Right to Withhold Performance), or base performance upon the expectations, preferences and priorities a person in the same situation as the client may reasonably be considered to have, given the information and directions that have been gathered, provided that the client is warned in accordance with Article 1:110.
(3)
If the client fails to perform the duties under paragraph (1) causing the service to become more expensive or to take more time than agreed upon in the contract, the service provider is entitled to:
- (a)
damages for the loss the service provider sustained as a consequence of the non-performance; and
- (b)
an adjustment of the time of performance that is required for the service.