põhitingimused

Põhitingimused is an Estonian term that refers to the core terms and conditions that establish the essential framework of a contract, agreement, or other binding arrangement. They define what is to be done, by whom, when, and at what cost, and they set out the fundamental rights and obligations of the parties.

In practice, põhitingimused appear in a wide range of documents, including business contracts, procurement notices, employment agreements, rental agreements, and software licenses. They commonly specify the contracting parties, the subject matter, price or consideration, duration, delivery or performance obligations, acceptance criteria, and liability and termination rules. They may also address dispute resolution and governing law.

Põhitingimused are typically distinguished from supplementary terms, amendments, or context-specific conditions that may apply in particular situations. If a conflict arises between terms, the main or core terms often take precedence, unless the contract or applicable law provides otherwise. In consumer transactions, several core terms are also subject to mandatory legal protections, which cannot be waived by agreement.

In summary, põhitingimused define the essential elements that shape the obligations and rights of the parties in an agreement. Understanding these terms helps ensure clarity, risk assessment, and enforceability, and it is common practice to review them carefully in drafting or negotiating contracts.