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In so far as specific durability information is indicated in any pre-contractual statement which forms part of the sales contract, the consumer should be able to rely on them as a part of the criteria for conformity.
The decision confirms that a well-drafted provision stating that the buyer has not relied on statements made by the seller outside the sale agreement will be respected by the court and will preclude a buyer from making a fraud claim that is based on extra-contractual statements.
The court indicated that, contrary to what has been suggested in some precedent, no "magic words" are required to make a non-reliance provision effective, so long as the provision clearly indicates the parties' intention that the buyer disclaims reliance on extra-contractual statements.
The network issued this statement: "All contractual obligations to the former 'Real World' cast members have been fulfilled.
While Human Research Ethics Committees require written plain language statements and contractual consent forms, the research team found these inappropriate to use in practice.
If the action is favorable, then a letter from the publisher, acknowledging the notification and accepting the provisions of this statement, formalizes the contractual agreement between publisher and Committee.
"The board is currently conducting a review of all contractual documentation," said a club statement.
"As a result of the change in government and subsequent statements on franchise contractual terms this now appears unlikely to happen.
"The payment amounted to an undue gift as it had no contractual basis," Cas said in a statement.
"Keyshawn Johnson has consistently avoided using the media as a tool to communicate on any contractual matter," Stanley said in a statement.
"Out of respect to both parties, we have agreed all along with the Yankees not to comment publicly on discussions regarding Robinson's contractual future," Van Wagenen said in a statement on Thursday.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com