“In cases that are not governed by the agreement” is the most popular phrase on the Internet. The provisions of this chapter are imperative, unless they relate to the binding force of simple agreement, initial impossibility or error. (3) It is particularly in bad faith when a party engages in or continues negotiations when it intends not to reach an agreement with the other party. A written contract with a clause requiring a written amendment or termination by agreement cannot be amended or terminated otherwise. However, one party may be prevented by its conduct from asserting such a clause, to the extent that the other party relied on that conduct. A contract is entered into, amended or terminated by the simple consent of the parties, without further conditions. A contract actually concluded binds the parties. It can only be amended or terminated in accordance with its terms and conditions or by agreement or by other means provided for by these principles. 2. However, despite a contrary agreement, the amount indicated may be reduced to a reasonable amount if it is grossly excessive in relation to the damage resulting from the inequity and other circumstances. A party who reasonably considers the existence of a fundamental non-compliance with the other party may require adequate coverage of the appropriate benefit and, in the meantime, withdraw from its own benefits. If this guarantee is not granted within a reasonable time, the party requesting it may terminate the contract. 2.
The parties do not exclude or limit this right. 2. During the additional period, the aggrieved party may object to the performance of its own reciprocal obligations and seek damages, but cannot resort to other remedies. If the other party is advised that it will not operate within that time or if, at the end of that period, no appropriate benefit has been made, the aggrieved party may resort to one of the remedies available under this chapter. A written contract containing a clause stating that the letter contains all the conditions on which the parties have agreed cannot be rebutted or supplemented by evidence of prior statements or agreements. However, such statements or agreements can be used to interpret the letter. The provisions of this chapter apply with appropriate accommodations to any communication of intent from one party to the other. (1) A party is free to negotiate and is not responsible for the failure of an agreement.
If both parties apply standard terms and reach an agreement, with the exception of these conditions, a contract is concluded on the basis of the agreed terms and all the general conditions, essentially customary, unless one party notifies the other party, in advance or later and without undue delay, that it does not intend to be bound to such a contract.