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"Best effort" has a specific meaning in a contract, which is different from everyday use; this is why AZ could still be found in violation of the contract. This
by frafra 5y ago
"Best effort" has a specific meaning in a contract, which is different from everyday use; this is why AZ could still be found in violation of the contract. This does not change the fact they have been unable to deliver by a huge margin and informed the UE with a short notice.
A company that just avoid commenting on issues your product could have or misinformation regarding it does not seem a company that cares about that. Hard for me that they had a good PR strategy.
- hef19898 5y agoI wrote drafts and analyzed procurement contracts for smaller volumes and less critical parts before. Of course with legal support. And all these contracts included initial delivery schedules (as an annex), delivery SLAs and penalties. And they were all considerably longer than the AZ contractthat was published. Fun fact, they didn't sacrifice 5 pages to talk about the order form. The AZ contract has none of that. Ultimately, it would need a court to decide that. Once the point of discusing contract terms, the relation ship between supplier and customer is already ruined.
- frafra 5y agoGood :) So you know what the contract and "best effort" mean and the kind of forces driving both parties. "customer is already ruined": that is why they would probably EU will not go to a court but it just ordered 50 M vaccines from Pfizer, while rumours of the EU not renewing the contract with AZ are getting stronger (some EU/EEA countries have plans to move forward without it). I just see a bad behaviour and PR from AZ. That and having a CEO that says that UK got it first because of the "best effort" clause when both UK and EU contracts have does not seem very professional to me IMHO. I am not sure why that happened.