Disclaimers and Exclusions. 13.1. The Supplier shall not be responsible in any circumstances to the Client or any third party for any loss of profit or indirect or consequential economic damage or loss, howsoever caused, whether as a result of negligence, misrepresentation, breach of contract or otherwise.
Disclaimers and Exclusions. Neither Q2 nor any of its service providers, licensors, employees or agents warrant that the operation of the Q2 Services will be uninterrupted or error free or that all errors will be corrected, and Q2 will not be liable for any damages arising out of use, or inability to use, the Q2 Services. Q2 will not be liable for unauthorized access to or alteration, theft or destruction of Customer’s data files, programs, procedures, or information through accident, fraudulent means or devices, or any other method, unless such access, alteration, theft or destructions is caused as a result of Q2’s negligence or intentional misconduct. Q2 does not warrant that the Q2 Services will meet Customer’s requirements or operate in combination with other hardware, software, systems or data not conforming to the written specifications provided by Q2. EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION 9, Q2 DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, IN FACT, BY STATUTE OR BY OPERATION OF LAW OR OTHERWISE, CONTAINED IN OR DERIVED FROM THIS AGREEMENT, ANY OF THE EXHIBITS OR SCHEDULES ATTACHED HERETO, ANY OTHER DOCUMENTS REFERENCED HEREIN, OR IN ANY OTHER MATERIALS, PRESENTATIONS OR OTHER DOCUMENTS OR COMMUNICATIONS WHETHER ORAL OR WRITTEN, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
Disclaimers and Exclusions. (a) The New Purchaser acknowledges and agrees that:
Disclaimers and Exclusions a) The Marketing Junction shall not be responsible in any circumstances to The Freelancer or any third party for any direct or indirect or consequential or inconsequential or economic damage or loss, howsoever caused, whether as a result of negligence, misrepresentation, breach of contract or otherwise.
Disclaimers and Exclusions. 12.1. RM Builders and Contractors Ltd shall not be responsible in any circumstances to the Client or any third party for any loss of profit or indirect or consequential economic damage or loss, howsoever caused, whether as a result of negligence, misrepresentation, breach of contract or otherwise.
Disclaimers and Exclusions. 12.1. Flex Maintenance Services (Hull) LTD shall not be responsible in any circumstances to the Client or any third party for any loss of profit or indirect or consequential economic damage or loss, howsoever caused, whether as a result of negligence, misrepresentation, breach of contract or otherwise.
Disclaimers and Exclusions. 5.1.1 PPC acknowledges and agrees that:
Disclaimers and Exclusions. Neither DEALER nor any of its Third Party Providers, licensors, employees, or agents warrant that the operation of the applications will be uninterrupted or error free. Except as expressly provided in this Agreement, DEALER shall not be liable for any damages arising out of use or inability to use the applications unless caused by DEALER’s sole acts or omissions which constitute gross negligence or reckless or intentional wrongful acts. DEALER shall not be liable for unauthorized access to or alteration, theft, or destruction of CUSTOMER’s Data files, programs, procedures, or information through accident, fraudulent means or devices, or any other method, unless such access, alteration, theft, or destruction is solely caused as a result of DEALER’s gross negligence or reckless, or intentional wrongful acts. DEALER does not warrant that the DEALER Services will meet CUSTOMER’s requirements or operate in combination with other hardware, equipment, software, systems, or data not provided by or through (or approved or authorized by) DEALER or otherwise conforming to the written specifications provided by DEALER. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, AND TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, DEALER DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, IN FACT, BY STATUTE OR BY OPERATION OF LAW OR OTHERWISE, CONTAINED IN OR DERIVED FROM OR RELATED TO THIS AGREEMENT, ANY OF THE ATTACHED EXHIBITS, ADDENDUMS OR STATEMENT OF WORK, ANY OTHER REFERENCED DOCUMENTS, THE SERVICES PERFORMED OR IN ANY OTHER MATERIALS, PRESENTATIONS, OR OTHER DOCUMENTS OR COMMUNICATIONS, WHETHER ORAL OR WRITTEN, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.
Disclaimers and Exclusions. 8.1. The Site and its contents are provided on an “as is” and “as available” basis. To the fullest extent permissible by Law, CAG makes no representations and warranties, and disclaims all representations and warranties, whether express or implied, regarding the Site and its contents and the Programme, including but not limited to, the accuracy, completeness, reliability, timeliness, non-infringement of proprietary rights, title, merchantability, satisfactory quality, suitability for any particular purpose, availability of the Site and its contents and the Programme, and that the Site is free of virus or other harmful elements. Without prejudice to the foregoing, CAG makes no representations and warranties, and disclaims all liability concerning the information and content provided on the Site and/or through the Programme by other Member / Partners.
Disclaimers and Exclusions. THE SOLE RESPONSIBILITY OF FREEDOM TRAILERS UNDER THIS LIMITED WARRANTY SHALL BE TO REPAIR OR REPLACE PARTS AT THE FACILITY OR, FOR A REASONABLE ALLOWANCE, AT ANOTHER PLACE IF PRIOR WRITTEN AUTHORIZATION IS OBTAINED FROM FREEDOM TRAILERS. ALL OTHER OBLIGATIONS OR LIABILITIES, INCLUDING INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR CONTINGENT LIABILITIES ARISING OUT OF THE FAILURE OF ANY PARTS TO OPERATE PROPERLY, ARE HEREBY EXCLUDED, INCLUDING, BUT NOT LIMITED TO, ANY DAMAGES RESULTING FROM LOSS OF USE, INCONVENIENCE, LOSS OF TIME, COMMERCIAL LOSS. UNDER NO CIRCUMSTANCES WILL FREEDOM TRAILERS BE LIABLE FOR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHETHER SUCH DAMAGES ARE SOUGHT IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR STRICT LIABILITY), EXCEPT AS OTHERWISE PROVIDED BY O.C.G.A. § 11-2-719(3). NO ONE, INCLUDING AN AUTHORIZED FREEDOM TRAILERS DEALER, IS AUTHORIZED TO MAKE FURTHER OR ADDITIONAL WARRANTIES ON BEHALF OF FREEDOM TRAILERS OR TO MODIFY THIS LIMITED WARRANTY. THIS LIMITED WARRANTY IS EXPRESSLY IN LIEU OF ALL OTHER EXPRESS WARRANTIES AND REPRESENTATIONS. FREEDOM TRAILERS MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE FREEDOM TRAILERS ENCLOSED CARGO TRAILER(S). FREEDOM TRAILERS EXPRESSLY EXCLUDES AND DISCLAIMS ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, APPLICATION OR USE. THIS WARRANTY EXPRESSLY EXCLUDES AND DOES NOT APPLY TO ANY DEFECTS NOT CAUSED BY FREEDOM TRAILERS, INCLUDING, BUT NOT LIMITED TO, ACCIDENTS OR ABUSE THAT OCCUR WHILE A PRODUCT IS IN THE POSSESSION OF DEALER OR A THIRD PARTY OR DEFECTS THAT RESULT FROM ANY ALTERATIONS MADE TO THE PRODUCT AFTER PURCHASE. ANY UNAUTHORIZED ALTERNATION OR MODIFICATION OF A PRODUCT BY DEALER OR DEALER’S AGENT(S), EMPLOYEE(S), REPRESENTATIVE(S), BY THE RETAIL PURCHASER, OR BY ANY THIRD PARTY AFTER DELIVERY SHALL RENDER THIS WARRANTY NULL AND VOID. THIS LIMITED WARRANTY IS NON-TRANSFERRABLE.
