Ensure that you carry out all contractual obligations, as there is a risk that failing to do so could have negative implications going forward, for example:
• Not following an acceptance process upon delivery of goods could result in goods being deemed to have been accepted.
• Not addressing supplier underperformance when reported may establish new reduced performance levels within the contract.
When talking with your supplier, in some circumstances, this communication can result in a variation of the contract or a waiving of your entity's rights under the contract. So, when discussing what you expect from your supplier, ensure your comments are in line with the contract.
If discussing a possible contract variation with a supplier, be careful not to imply agreement until all aspects have been finalised, including any internal approvals from relevant delegates. Keep note of discussions or agreements and email these to the supplier to avoid uncertainty regarding the discussion, minimise the risk of dispute and ensure you both have a record.
If your entity chooses not to enforce obligations in the contract, ensure you clearly document this decision internally and with your supplier.
If both parties agree to a variation of the terms of the contract, this should be clearly documented in writing, in accordance with the particular requirements of the contract (see section 2.12 - Manage contract variations within this guide).
If you are at all unsure about anything relating to variations or waivers please contact your legal advisers or central procurement area.