Colombian Commercial Code - Decree 410 of 1971 - Book IV - Of Contracts and Corporate Obligations - Part III - Contract Supply - From: Section 968 By: Art 980

COLOMBIAN COMMERCIAL CODE

TITLE III

SUPPLY CONTRACT

Article 968 .- The provision is a contract whereby one party undertakes, in exchange for a fee, to play in favor of another, independent, periodic or continuing performance of things or services.

Article 969 .- In fixing the amount of supply if the parties have not determined or fixed amount basis for determining noted, the following rules apply:

1. If the parties have set a maximum and minimum limit for the total supply or for each service, the consumer shall determine, within such limits, the amount of supply;

2. If the parties have fixed a ceiling only be for the consumer to determine the amount, without exceeding the maximum;

3. If the parties refer to the ability of ordinary consumption or needs and indicate a minimum, the consumer may demand the amounts your ability to consume or routine needs will impose, but shall be required to receive the minimum set. For its part, the supplier shall provide such quantities or minimum, as appropriate, and

4. When the amount of supply has not been determined, it is understood that the parties have agreed that regular consumption corresponding to normal or consumer needs, than the existence of custom to the contrary.

Paragraph .- The ability or ordinary consumer need will be available at the time of ordering.

Article 970 .- If the parties do not indicate the price of supply, in whole or for each service, or not set in the contract the way to determine without resorting to a new voluntary agreement shall be presumed to accept the average price of things or services supplied take place and date of the completion of each delivery, or the consumer's home, if the parties are in different places. In case of default of the supplier will take the price of the day on which it had to comply with the provision.

If parties indicate a price for delivery shall be presumed to agree to other same price of the same species.

Article 971 .- If the supply is periodic, the corresponding price for each delivery and must be in proportion to their value, and must be paid on the spot, unless otherwise agreed by the parties.

If the supply is continuing, the price must be paid in accordance with custom, if the parties agree on anything particular. The daily supply is deemed to be continuous.

Article 972 .- If the parties set the deadline for each benefit can not be varied by the will of one.

When you leave a party the signs of the times that each provision must be made, shall be required to give reasonable notice to the other of the date on which the relevant provision must be met.

If the parties have differences over the timing of the notice if the procedure will be decided by verbal intervention of experts .*

* Modified. Code of Civil Procedure.

Article 427 .- Modified. Decree 2282 of 1989, Article 1. Number 231. Matters covered. Verbal process will be processed in accordance with the procedure set forth in this chapter, the following issues:

...

Paragraph 2. Because of its size:

...

12. Those provided for in Articles 175, 519, 940 second and third paragraphs, 941, 943, 945, 948, 950 (952), 852, 966, 972, 1164, 1170, and 1364 of the Commercial Code and any other matter that the order code resolved by summary proceedings or incidental self processing.

Art. 435 ..- Modified. Decree 2282 of 1989, Article 1. Number 239. Matters covered. Be processed in one instance by the procedure governing this chapter (verbal summary process), the following issues:

...

Paragraph 2. Because of its size.

The business of small claims and referred to in paragraph 2. Article 427 which are of the same amount.

Article 973 .- The failure of either party on any of the claims, shall entitle the other to terminate the contract when such failure may have caused serious injury or has some significance in itself capable of undermining the confidence of the party the accuracy of the other for successive deliveries.

In any case, making the supply may terminate it without notice to the consumer as envisaged in the preceding article.

The provisions of this Article shall not deprive the contractor damaged by breach of another of his right to seek compensation for damages to fair pricing.

Article 974 .- The agreement by which the supply is perceived to favor the supplier undertakes to conclude a contract later on the same object, shall be subject to the provisions of Article 862.

Preference may also be agreed for the perceived supply.

Article 975 .- Repealed. Act 254 of 1996, Section 33

Article 976 .- Repealed. Act 254 of 1996, Section 33

Article 977 .- If not otherwise stipulated duration of supply, either party may terminate the contract by giving the other notice in the agreed term or established by custom or, alternatively, with an advance in harmony with nature supply.

Article 978 .- Where the provision at issue in the supply is regulated by the Government, price and conditions of the contract is subject to the respective regulations.

Article 979 .- People who provide public services or have a monopoly of law or fact can not suspend the supply to consumers who are not in arrears, even with notice, without government authorization.

Article 980 .- Apply to supplies, they are compatible with the above provisions the rules governing contracts isolated corresponding benefits.