The parties to a contract are free to classify the relative importance of the terms of their contract as they see fit. The classification of a term by the parties is not always decisive – do be aware that even where the parties describe a term as a condition, it is open to the court to hold that the parties could not have intended the term to have had this effect. This is illustrated by the case of Schuler v Wickman Machine Tool Sales [1974] AC 235.