Invoice sent by the company included the note which stated that the terms of the contract shall be adhered according to the original quotation. As per the original quotations Gordon has clearly specified that the servers with latest processors and maximum storage capacities are to be delivered within one month of the order and also sent the payment under the contract with the specific instruction that 'contracting under my specification'.
Therefore the company is under an obligation to deliver within one month and since the delivery is not made within a month there is a clear violation of the contract. In addition there is the violation of the contract specifications as to the quality of the servers also. Since the company has sent servers which did not meet the requirements of Gordon with respect to energy sufficiency and without latest processors the company has made a second violation of the contract. The company Dodgy has fulfilled only the maximum storage capabilities requirements of the servers.
The failure on the part of the company to supply the servers with the required specifications gives rise to different remedies under the contract law to Gordon. ...Show more