Customer’s Liability. 4.12.1. The Customer shall be solely liable for any act or omission of the Cardholder relating to this Contract and the use of the Card. Consequently, the Customer is not entitled to raise against the Bank any objection or claim for the reduction of such liability; therefore, it explicitly waives any such objection or claim and particularly any objection with respect to the scope of the Cardholder's power and authorization to represent and bind the Customer.
4.12.2. In the event that the Customer intends to revoke the authorization to the Cardholder, for any reason whatsoever, it shall notify forthwith the Bank in writing, with verifiable proof of notice, and deliver the Card to the Bank. The Customer shall be fully liable for any transactions made with the Card until such notification and delivery thereof as above.
Customer’s Liability. If you (a) give someone the security code, user ID, password, email address or other credentials used by you to access the Services (collectively, the “Credentials”) or (b) you designate a person as an authorized or a secondary user with respect to the Services, you have authorized that person to use the Services and you are responsible for all transactions that person performs while using the Services. All transactions that person performs, even those you did not intend or want performed, are authorized transactions. If you notify us in writing that the person is no longer authorized, then only the transactions that person performs after the time you notify us in writing and after we have had a reasonable time to act are considered unauthorized. Transactions with fraudulent intentions initiated by you, someone acting with you, an authorized or secondary user or someone acting with an authorized or secondary user are also authorized transactions. Contact us AT ONCE if you believe your Credentials have been compromised, lost, stolen, or if you believe that an electronic fund transfer has been made without your permission. Call us promptly at the phone number in Section 2.5 (Notice of Errors or Questions About Your Electronic Transfers) below to report any unauthorized activity or access. Immediate contact via telephone is the best way to limit your potential loss. You could lose all the money in your account (plus your maximum overdraft line of credit, if you have one). If you tell us within two (2) Business Days after you learn of the loss or theft of your Credentials, you can lose no more than $50.00 if someone used your Credentials without your permission. If you do NOT tell us within two (2) Business Days after you learn of the loss or theft of your Credentials, you could lose as much as $500.
Customer’s Liability. The Customer shall pay to the Operator the amount of any properly invoiced charges or sums due or paid to third parties (including any freight, port charges, taxes, duties, contributions, fines and any other costs) in respect of the Customer’s product and/or the provision of Services to the Customer save for any charges which are specified in the Key Commercial Terms to be borne by the Operator and shall indemnify the Operator against any Loss arising in respect of such unpaid charges and sums regardless of whether or not the Products shall then be present at the Terminal.
Customer’s Liability. The Customer shall have sole responsibility for the accuracy, quality, and legality of Personal Data provided by the Customer to Aircall and the means by which Customer acquired such Personal Data. To the extent GDPR applies to the Processing of Personal Data under this DPA, the Customer, the Customer is, thus, liable complying with its obligations as Data Controller under all applicable laws and regulations, including informing the Data Subjects about the Processing of their Personal Data under this DPA, obtaining their consent, if necessary, and ensuring that it has the authority to use the Personal Data in accordance with the purposes defined herein.
Customer’s Liability a) If multiple persons are described as the Customer in the Rental Agreement, each person is jointly and individually responsible for all fees, charges and other obligations pursuant to this Agreement.
b) Subject to clause 8(e), the Customer is liable to TMS for and indemnifies TMS against:
(i) any loss of, or damage to, the Vehicle(including any accessories);
(ii) any consequential damage, loss or costs incurred by TMS, including salvage costs, loss of ability to re-hire and loss of revenue; and
(iii) any loss of, or damage to, vehicles and property of third parties, arising from the use or misuse of the Vehicle by the Customer, any Authorised Drivers, person whom the Customer permits or allows to drive the Vehicle, invitee of the Customer or passengers in the Vehicle during the Term of Hire, to the extent that such loss, damage or costs have been caused by or contributed to by the Customer, any Authorised Driver, any person the Customer permits or allows to drive the Vehicle, any invitee of the Customer or any passenger in the Vehicle, provided that the Customer’s liability may be reduced to the amount of the relevant excess amount payable in respect of an incident subject to the terms and conditions of this Agreement.
c) Subject to clause 8(e), the Customer agrees to release and indemnify TMS from and against all actions, claims, demands, losses, damages, costs, expenses, harm or other misadventure which the Customer may suffer or incur or become liable for as a result of any use of the Vehicle in breach of this Agreement, any reckless or negligent act, error or omission of the Customer, any Authorised Driver, invitee of the Customer or passenger in the Vehicle or any misuse of the Vehicle by the Customer during the Term of Hire.
d) Notwithstanding any provision in this Agreement to the contrary, the Customer is not liable to TMS for any loss to the extent that it is caused by us (for example, through our negligence or breach of contract).
e) This clause 8 will survive termination of this Agreement.
Customer’s Liability. Notwithstanding clause 11.2, the Customer is liable to AGL for, and indemnifies AGL against, any Damages or claims incurred or suffered by or against AGL or its directors, officers, employees, agents, and contractors in connection with:
(a) the failure by the Customer to cease or reduce the withdrawal of gas as required under this Agreement;
(b) any Unauthorised Overrun at a Delivery Point;
(c) any damage to or interference with the Network caused by the Customer, its employees, agents, or contractors;
(d) any damage to or interference with any Meter Equipment, any other equipment or property or any connections installed or being installed at a Delivery Point caused by the Customer, its employees, agents, or contractors;
(e) the Customer’s gas delivery and usage installations (including pipe works, gas consuming appliances and other equipment) installed downstream of the Delivery Point not being designed, installed, operated, or maintained to required safety standards and in compliance with all applicable Energy Law;
(f) the failure by the Customer to pay the Charges in accordance with this Agreement; and
(g) any personal injury or death caused by the negligent or wrongful acts or omissions of the Customer, or the Customer’s employees, agents, or contractors.
Customer’s Liability. 13.1 All agreed actions and work will be performed for the Customer’s account and risk, unless the parties agree otherwise.
13.2 The Customer will be liable towards the Contractor and/or third parties for any loss of and/or damage to persons and/or goods, including damage and loss incurred by the Contractor itself, that occurs in the performance of the Agreement or Agreements concluded between the Contractor and the Customer. The Contractor accepts no liability whatsoever for any loss of and/or damage to personnel and/or goods of third parties, unless the Contractor is liable on the grounds of wilfulness or intentional recklessness.
13.3 The Customer will be liable towards the Contractor and/or third parties for any loss of and/or damage to persons and/or goods resulting from the non-fulfilment, late fulfilment or inadequate fulfilment of any obligation imposed on it in these General Terms and Conditions or in any Agreement concluded between the Contractor and the Customer, except in so far as these General Terms and Conditions already set out an arrangement.
13.4 The Customer will be liable for any loss caused by persons who have been admitted by the Customer to the place where the goods are located.
13.5 The Customer will at all times be required to compensate the Contractor for any amounts to be claimed or to be additionally claimed by any authority in connection with an assignment, as well as for any fines related thereto.
13.6 The following will in any event, but not exclusively, be for the Customer’s account: strikes, lockout of workers, work-to-rule, sickness, bans on import, export and transit, transport problems, failure of suppliers to fulfil their obligations in the broadest sense of the words, breakdowns in production, natural and/or nuclear disasters, and war and/or threat of war.
Customer’s Liability. The Customer agrees to abide to all laws and regulations applicable to the CPS services provided. The Customer shall be liable for all consequences and costs arising out of any breaches against such law or regulations perpetrated by him, or under his direction or on his behalf.
Customer’s Liability. 10.1 Should the company terminate the agreement under clause 9, or in reliance of any other right of termination conferred by law, the customer must immediately allow access to the company to repossess the lockers.
10.2 In addition, the customer must pay to the company the amount of each of the following
a) Any payments that have fallen due but remain unpaid as liquidated damages, the early termination fee
b) Any other money that the customer is liable to pay under the agreement
c) Any fees or other payments that the company makes or incurs in connection with the termination
10.3 If the customer validly terminates the agreement for breach of agreement by the company, and the customer has paid rental payments in advance, the company agrees to pay to the customer a sum equal to the amount of:
a) Unused rental payments: and/or
b) The amount of unused rental payments will be calculated from the time the customer notifies the company of termination, provided that within a reasonable time the customer makes the lockers available for collection of the company
Customer’s Liability. Except in respect of any payment or indemnification obligations of the Customer hereunder, the liability of the Customer, and its shareholders, directors, officers, employees and agents, whether founded in tort or breach of contract or otherwise, shall:
(a) be limited to the loss sustained by the Company as a result of direct physical damage sustained by the Company, including reasonable costs of repair and replacement;
(b) exclude any indirect or consequential losses, including loss of profits, business interruption losses, or any losses as a result of claims by third parties; and
(c) exclude any aggravated or non-compensatory damages, including punitive or exemplary damages, whether by statute, in tort or contract.
