Question

A seller did not submit testing information required in the contract to the buyer, and the project manager did not notice it was not received. After four weeks, the company head asked for the testing information and found out it was not received. The project manager then asked the seller to send the information. The seller argued, "You did not receive the testing reports for four weeks, and you did not say anything. You have therefore waived your rights to ever get them". The seller refused to give the reports without a change to the contract and additional payment. The issue went to court of law to resolve. What do you think was the court's decision? Post what you believe the decision was in this forum post. After posting, review and comment on at least one of your colleagues post. Be sure that you answer any questions that someone else might have made on your post. NOTE: You will not be able to see any other responses until you post your own.

Answer 1

Answer:

Since the testing information is a requirement of the contract, the buyer has the right to request for it accordingly and the seller should not refuse unless fraud is implied.  The contract does not specify when a waiver of the right to the testing information should become effective.

The court of law should decide in favor of the buyer's right to receive the testing information from the seller.

Explanation:

Contract terms are agreements and promises that must be followed because they are made for consideration to be given and received.  If a contract for the sale of goods includes the submission of some information, this later requirement forms part of the contract and exchange of promises for consideration, and they must be respected and fulfilled, unless there is additional agreement specifying some deadline within which the right to such testing information is waived.