contract-law international sale-of-goods
Is &quot;make available&quot; often used in commercial sales of goods contract?
<p>I recently read an International commercial sales of goods contract. In which, there is a sentence...</p>
<p><em>The seller shall make available to the buyer (or shall present to the bank specified by the buyer) the following documents (tick corresponding boxes and indicate, as appropriate, the number of copies to be provided)</em></p>
<p>Why did the contract writer use &quot;<em>make available</em>&quot; instead of &quot;<em>prepare</em>&quot;. Is &quot;make available&quot; often used in contract?</p>

<h2>“Make available” means they’re here if you want them</h2>
<p>It means more than preparing (I have them but you can’t take them), but less than delivering (here they are).</p>

<blockquote>
<p>Why did the contract writer use &quot;make available&quot; instead of &quot;prepare&quot;</p>
</blockquote>
<p>Your description does not give specifics on what documents are required from the seller. Thus, the question requires us to speculate.</p>
<p>Depending on the context or specifics, the term <em>prepare</em> might suggest that the seller needs to draft or set up documents that currently don't exist. The alternative of &quot;<em>present[ing] to the bank specified by the buyer</em>&quot; the listed documents is inconclusive on whether these or their contents are supposed to exist beforehand.</p>
<blockquote>
<p>Is &quot;make available&quot; often used in contract?</p>
</blockquote>
<p>Hard to tell, although it is irrelevant. What matters is whether a contract is clear enough on what the parties' intent is.</p>
