Principles of European Law on Service Contracts (PELSC):Artikel 1:111 Variation of the Service Contract

Principles of European Law on Service Contracts (PELSC)

Artikel 1:111 Variation of the Service Contract

Geldend

Deze functie is alleen te gebruiken als je bent ingelogd.Deze functie is alleen te gebruiken als je bent ingelogd.Deze functie is alleen te gebruiken als je bent ingelogd.Deze functie is alleen te gebruiken als je bent ingelogd.Deze functie is alleen te gebruiken als je bent ingelogd.

(1)

Without prejudice to the client's right to cancel the contract under Article 1:115, a party must accept a change of the service that is to be provided under the contract or when read with any direction under Article 1:109, if such a change is reasonable, taking into account:

(a)

the result of the service that is to be achieved;

(b)

the interests of the client;

(c)

the interests of the service provider; and

(d)

the circumstances at the time of the change of the service.

(2)

A change of the service is deemed to be reasonable if that change:

(a)

is necessary in order to enable the service provider to act in accordance with Article 1:107 or, as the case may be, Article 1:108; or

(b)

is the consequence of a direction that is given in accordance with Article 1:109(1) and the client has not revoked the direction without undue delay after having been warned in accordance with Article 1:109(3); or

(c)

is a reasonable response to a warning from the service provider under Article 1:110.

(3)

For the purpose of paragraphs (1) and (2) a change of service required by a change of circumstances within the meaning of Article 6:111 PECL (Change of Circumstances) is regarded as a reasonable change of service.

(4)

The price that is due as a result of the change of the service has to be reasonable and is to be determined using the same methods of calculation as were used to establish the original price for the service.

(5)

In so far as the service is reduced, the loss of profit, the expenses saved and any possibility that the service provider may be able to use the released capacity for other purposes are to be taken into account in the calculation of the price that is due as a result of the change of the service.

(6)

A change of the service may lead to an adjustment of the time of performance that is proportionate to the extra work required in relation to the work originally required for the performance of the service and the time span determined for performance of the service.

Deze functie is alleen te gebruiken als je bent ingelogd.