Special conditions: Overview, definition and example
What are special conditions?
Special conditions are specific terms or requirements in a contract that apply to unique circumstances or situations. They add to or modify the general terms of the agreement to address particular needs or risks that are specific to the parties or the project.
For example, a construction contract might include special conditions requiring the contractor to use eco-friendly materials or meet specific safety standards.
Why are special conditions important?
Special conditions are important because they allow contracts to be customized to fit the specific needs of the parties involved. They address unique situations that aren’t covered by the general terms, ensuring clarity and reducing the likelihood of disputes.
In business, special conditions provide flexibility while maintaining a clear framework for responsibilities, timelines, and deliverables.
Understanding special conditions through an example
Imagine a supplier enters into a contract with a retailer to deliver products. The standard contract terms outline delivery schedules, pricing, and payment methods. However, the retailer has a specific requirement for temperature-controlled transport. A special condition is added to require the supplier to use refrigerated vehicles, ensuring the products remain fresh.
In another case, a technology company agrees to develop custom software for a client. The contract includes a special condition requiring the company to provide weekly progress updates and involve the client in key design decisions. This ensures the software meets the client’s specific needs.
An example of a special conditions clause
Here’s how a special conditions clause might look in a contract:
“In addition to the general terms and conditions outlined in this Agreement, the Parties agree to the following special conditions: (a) The Supplier shall ensure all deliveries are made using temperature-controlled vehicles; (b) The Client shall provide a designated contact for weekly project updates.”
Conclusion
Special conditions are tailored terms in a contract that address unique requirements or circumstances. They enhance the general terms by providing clarity and flexibility to suit the specific needs of the parties.
By including special conditions, businesses can create contracts that better reflect their expectations and reduce the risk of misunderstandings. It’s about making agreements work for the unique needs of each situation.
This article contains general legal information and does not contain legal advice. Cobrief is not a law firm or a substitute for an attorney or law firm. The law is complex and changes often. For legal advice, please ask a lawyer.