LawRegulatory Compliance

Framework agreement: what is it?

In our country, such a concept as a framework agreement is at the stage of implementation and systematic development. So far, in modern legislation there is no clear definition of this term. However, various companies and companies are increasingly resorting to the drafting and conclusion of this type of agreement.

In connection with the above-described circumstances, legal sapping in this area is simply necessary. Typically, as an assistant is a staff lawyer of the enterprise or a third party is involved. A framework agreement must be written competently, and every point should be carefully thought through. Most often it is between the parties planning long-term cooperation. The main goal is to improve the relationship with counterparties. In addition, the effectiveness is significantly increased, the indicators reflecting the results of joint work are improving.

In terms of terminology, the framework agreement is a bilateral agreement of counterparties, which gives the parties mutual rights and obligations. Its peculiarity is the possibility of adjusting certain conditions in the future. As you know, the market situation is constantly changing, which can lead to a significant change in the financial condition of the company. And since long-term relationships are supposed to exist, the right to make corrections and amendments in the future for many entrepreneurs is considered an excellent way to reduce risks.

Experts note the similarity of the framework and preliminary agreements. However, there are significant differences. A framework agreement can serve as the main contract, but does not imply substantial conditions. In the course of their activities, economic entities can adjust items approved earlier. When one of the partners has a desire to change certain conditions, he must notify the other side about it. And only with the mutual consent is an additional contract, which is a kind of annex to the framework.

Any contract must have a basis, therefore an obligatory condition for its existence is considered an object. Many companies have been practicing for many years to conclude such an agreement, for example, there is a contract for the regular supply of certain products, which is not limited to specific volumes or a list of quality requirements for the product. And upon the fact of the delivery of the goods, an additional agreement is elaborated, specifying a previously defined union.

Thus, the framework supply agreement allows the economic entities to change the volume of products, its price or quality indicators each time, keeping strong relations with each other. And in each additional contract there should be a reference to the basic or basic agreement. What is the benefit for the entrepreneur is such an arrangement? Significantly reduce the time spent on developing and signing contracts, since in the future the question is reduced to clarifying certain points. And also the entrepreneur has confidence in the "tomorrow", because he knows for sure that he can provide his company with uninterrupted supplies.

Often companies enter into a framework agreement, which, in turn, is a guarantee of certain services in the future. That is, this agreement expresses the intention to cooperate fruitfully in the future period, taking into account the fact that at the moment it is not possible to establish specific volumes and prices. In practice, however, cases of default on the contract due to the lack of specific data have become more frequent. It should be understood that such an agreement has legal force, therefore the injured party can safely apply to the appropriate court for compensation for the damage caused.

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