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.
13.2. Nothing in the forgoing shall be read as restricting or limiting in any way the Supplier’s liability for death or personal injury.
Disclaimers and Exclusions. (a) The New Purchaser acknowledges and agrees that:
(i) the Vessel has been designed, manufactured, assembled, constructed, tested, trialed and examined without reference to or involvement of the Old Purchaser or any other member of the Old Purchaser’s Group;
(ii) neither the Old Purchaser nor any other member of the Old Purchaser’s Group has made or given or shall be deemed to have made or given any representation, warranty, term or condition, express or implied (whether statutory or otherwise), as to the seaworthiness, capacity, state, value, quality, durability, condition, design, construction, operation, performance, description, merchantability, fitness for use or purpose or suitability of the Vessel or any part thereof, as to the absence of latent or other defects, whether or not discoverable, as to the absence of any infringement of any patent, trademark, copyright, intellectual property or other rights, or as to title to the Vessel or any other representation, warranty, term or condition whatsoever, express or implied, with respect to the Vessel, all of which are hereby excluded;
(iii) the New Purchaser is taking possession of the Vessel from the Seller on an “as is, where is, and with all faults” basis.
(b) Save as otherwise expressly and specifically provided by this Agreement the New Purchaser hereby waives as between itself and the Old Purchaser all its rights, express or implied (whether statutory or otherwise), against the Old Purchaser or in respect of the Vessel.
(c) Without prejudice to the generality of the other provisions of this Clause 7 the Old Purchaser shall be under no liability to the New Purchaser whatsoever and howsoever arising and from whatever cause, and whether in contract, tort or otherwise, in respect of any loss (consequential or otherwise), liability, damage (including death, injury or disease) or Unavailability of, or to, or in connection with, the Vessel or any person or property whatsoever.
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. 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. 5.1.1 PPC acknowledges and agrees that:
(a) each part of the Haewene Brim Equipment has been designed, manufactured, assembled, constructed and converted in accordance with the requirements of PPC and that, in consultation with appropriate members of the Xxxxxxx Energy Group, it has selected the Haewene Brim Equipment for leasing by the Lessor to PPC hereunder;
(b) the Lessor has not made or given or shall be deemed to have made or given any term, condition, representation, warranty or covenant, express or implied (whether statutory or otherwise), as to the suitability, capacity, age, state, value, quality, durability, condition, appearance, safety, design, construction, operation, performance, description, merchantability, satisfactory quality, fitness for use or purpose or any particular use or purpose or suitability of the Haewene Brim Equipment or any part thereof, as to the absence of latent or other defects, whether or not discoverable, as to the absence of any infringement of any patent, trademark or copyright, or as to title to the Haewene Brim Equipment or any part thereof (except as stated in clause 5.2 (Lessor's covenants)) or any other representation or warranty whatsoever, express or implied, with respect to the Haewene Brim Equipment or any part thereof (except representations and warranties expressly and specifically stated in this Agreement), all of which are hereby excluded; and
(c) PPC is taking the Haewene Brim Equipment on lease on an "as is, where is, and with all faults" basis, and that PPC's acceptance of Delivery from the Lessor in accordance with clause 4.2 (Delivery and acceptance of Haewene Brim Equipment) shall be conclusive evidence as between the Lessor and PPC that the Haewene Brim Equipment is complete, in good order and condition, of satisfactory quality, fit for any purpose for which it may be intended or required, suitable in all respects and in every way satisfactory.
5.1.2 Save as otherwise expressly and specifically provided by this Agreement or any other Lease Document, PPC hereby waives as between itself and the Lessor all its rights, express or implied (whether statutory or otherwise), whether against the Lessor in respect of the Haewene Brim Equipment (or any part thereof) or against the Haewene Brim Equipment or any part thereof (except rights arising out of any act or omission of the Lessor which is a breach by the Lessor of its express and specific obligations to PPC under this Agreement or any other Lease Docum...
Disclaimers and Exclusions. 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. 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. 5.1. 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 Members.
5.2. We do not provide any assurance concerning the following:
a) In the event updates/upgrades/new versions of the Site are issued, we do not guarantee that the Site operates properly or at all if those updates/upgrades/new versions are not installed or implemented by the Member. We also do not guarantee these updates will be made available or will continue to be compatible with the Member’s existing devices or its operating system; and
b) We do not guarantee that the use of the Site will not be an infringement or misuse of any third- party rights, including intellectual property rights.
5.3. CAG is not responsible and shall not be liable for any hyperlink to any other website and any reference to any website, entity, product or service whether on the Site or in information provided by other Member’s in the Programme is not an endorsement or verification by CAG of such website, entity, product or service, or responsible for the content of any of the foregoing.
5.4. To the fullest extent permitted by Law, CAG shall not be liable in any way for any damages (including but not limited to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles), losses, costs, expenses, liabilities or compensation, whether direct or indirect, which arise from or are in connection with the Member ’s access and use of the Site and/or the Member ’s participation in the Programme due to any reason whether due to the negligence of CAG or its officers, employees, agents, contractors or otherwise, including without limitation any breach of security, delay, corrupti...
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.
b) Nothing in the forgoing shall be read as restricting or limiting in any way The Marketing Junction’s liability for death or personal injury.
Disclaimers and Exclusions. Xxxxxxx Construction 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.
