Examples of DUXBURY in a sentence
No claims for missing or damaged Goods shall be valid unless the delivery note has been endorsed as aforesaid and unless, in addition, the PRINCIPAL DEBTOR notifies DUXBURY in writing within 3 (Three) business days of the delivery of the Goods of the claim in question and the Goods relating to such claim, furnishing full details in regard thereto.
Any delivery date indicated by DUXBURY shall merely be regarded as an estimated date of delivery, which shall not bind DUXBURY to effect delivery on or near such date and shall not constitute a reason to withhold, defer or set-off, either in whole or in part, the purchase price or give rise to a claim for damages, unless caused by the gross negligence of DUXBURY or its agent.
No relaxation which DUXBURY may have permitted on any one occasion, with regard to the carrying out of the PRINCIPAL DEBTOR’s obligations, shall prejudice or be regarded as a waiver of DUXBURY’s rights to enforce its obligations on any subsequent occasion.
Notwithstanding this provision, DUXBURY shall at all times be entitled to approach the Courts.
The PRINCIPAL DEBTOR agrees that DUXBURY shall be entitled but not obliged to institute any proceedings against the PRINCIPAL DEBTOR arising out of its contract with the PRINCIPAL DEBTOR for the full balance outstanding in any Magistrate’s Court having jurisdiction over the PRINCIPAL DEBTOR from time to time notwithstanding that the claim or the value of the matter in dispute may exceed the jurisdiction of the Magistrate’s Court.
Orders are accepted by DUXBURY on the basis that the price charged will be the contract price at the date of acceptance of the quotation by DUXBURY, unless otherwise expressly stated.
GuidelineIt may be useful to add to the register of members’ phone numbers and email addresses.
All costs incurred by DUXBURY in any legal proceedings and/or arbitration proceedings, shall, in the event of DUXBURY being successful, be recoverable on the scale as between Attorney and client.
No waiver or abandonment by DUXBURY of any of its rights in terms of this Agreement and these terms and conditions shall be binding on it unless such waiver or abandonment is in writing and signed by DUXBURY.
Where in the absence of an agreement setting out individual prices for the individual items to partially performed, DUXBURY shall be entitled to charge the PRINCIPAL DEBTOR its standard charges which shall at all times be deemed to be proper proof of such prices.