Question

Alex and Benjie entered into a contract for the sale of a car. The contract specified that the car will be delivered within 30 days from the date of payment. However, Alex encountered financial difficulties and was unable to deliver the car on time.

Benjie decided to terminate the contract and demanded a refund of the amount he paid. Alex agreed to refund the amount but stated that he will deduct a certain percentage as administrative fees. Benjie disagreed and insisted on receiving a full refund.

Considering the situation, discuss the following:

1. What is the concept of waiver of rights under Article 6 of the Civil Code?
2. Can Alex validly rely on the concept of waiver of rights to deduct administrative fees from the refund to be given to Benjie?
3. What are the factors that the court will consider in determining the validity and enforceability of a waiver of rights?