The parties argued that the importance of this sentence was exactly the opposite, one by the other. The Court`s judgment depended on the grammar in which the word “no” was used for the second time in the sentence. “We. Read the warranty and insurance clause in such a way that it allows reliance on previous written assurances that are not specified or included in the agreement. It follows that the warranty and representation clause of the contract does not exempt the defendants from liability for false written submissions. The defendants therefore did not state that they had a judgment on that basis. With regard to the service of documents under a contract containing a termination clause, failure to comply with its conditions can pose real problems. Failure by the Buyer to comply with this provision gives the Seller the right to immediately terminate this Contract and withhold all funds paid to the Seller (or that have been deposited by the Buyer in trust). Failure by the seller to comply with this provision gives the buyer the right to immediately terminate the contract and immediately recover all funds paid to the seller (or that the buyer has deposited in trust funds). Separation clause: any invalid or unenforceable provision of this Agreement shall be deemed to be separate from this Agreement to the extent of its invalidity or non-application, and such Agreement shall be construed and enforced as if the Agreement did not contain such provision to the extent of its invalidity or non-application.
To the extent possible, any unenforceable provisions in this Agreement are amended to reflect the original intent of the parties. In addition, a night courier involves a 24-hour delivery service, but is still five to ten times more expensive than the regular 48-hour delivery service. While a lawyer may be concerned that the other party is complying with the strict text of the termination clause in the event of a claim; Can you imagine that a court does not take into account the fact that complaints were reported a posteriori by telephone (by the right person) and by e-mail (between customer managers), in addition to an invitation (signed and attached in pdf to an e-mail) because the contract required night messaging services if the message was not transmitted in person? There is an essential difference between “must deliver” and “can provide”. . . .