Agreement Requirements

[3] Good: A seller and a customer enter into an agreement, each knowing that he can fulfill the conditions of the contract. First, the measurement of the quantity in question must be determined in good faith. The buyer in a needs agreement or the seller in a production agreement is not free to freely determine the quantity of goods that may be required or offered under the agreement. An illustration of a type of agreement in which one of the parties has uncontrolled discretion would be one in which the buyer can order as much of a certain quantity of goods „as he wishes“. Such an agreement, unless there are unusual circumstances that require a different construction of these words, leaves the buyer free to purchase or not at his own discretion. .