Common use of Disclaimers; Limitation of Liability Clause in Contracts

Disclaimers; Limitation of Liability. 8.1 Except as specifically set forth herein, KGH makes no express or implied warranties in connection with its provision of the services or those of any third party. 8.2 In no event shall KGH be liable or responsible for consequential, indirect, incidental, statutory or punitive damages, even if it has been advised of the possibility of such damages, or for the acts of third parties. 8.3 KGH’s liability for a service performed, whether arising from contract, tort (including negligence) or otherwise, connected with or resulting from KGH’s provision of such service shall in no event exceed 100 % of the fee agreed for the service which has given rise to such claim. 8.4 KGH shall under no circumstances be held liable in relation to any claim made by the customer towards KGH unless the customer submits such claim in writing to KGH without undue delay and in any event within one year after the service to which the claim relates to has been carried out by KGH. 8.5 KGH shall not be responsible for action taken or fines or penalties assessed by any governmental agency because of the failure by the Customer to comply with the law or the requirements or regulations of any governmental agency or with a notification issued to the Customer by any such agency. 8.6 The Customer agrees that in connection with any and all Services performed by KGH, KGH shall only be liable for its negligent acts, which are the direct and proximate cause of loss or damage to the Customer. 8.7 KGH and the Customer acknowledge that the limitations of liability set out herein reflect an informed, voluntary allocation between KGH and the Customer of the risks (know or unknown) that may exist in connection with KGH’s provision of the Services.

Appears in 3 contracts

Samples: General Terms and Conditions of Service, General Terms and Conditions of Service, General Terms and Conditions of Service

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Disclaimers; Limitation of Liability. 8.1 Except as specifically set forth herein, KGH makes no express or implied warranties in connection with its provision of the services or those of any third party. 8.2 In no event shall KGH be liable or responsible for consequential, indirect, incidental, statutory or punitive damages, even if it has been advised of the possibility of such damages, or for the acts of third parties. . 8.3 KGH’s liability for a service performed, whether arising from contract, tort (including negligence) or otherwise, connected with or resulting from KGH’s provision of such service shall in no event exceed 100 % of the fee agreed for the service which has given rise to such claim. 8.4 KGH shall under no circumstances be held liable in relation to any claim made by the customer towards KGH unless the customer submits such claim in writing to KGH without undue delay and in any event within one year after the service to which the claim relates to has been carried out by KGH. 8.5 KGH shall not be responsible for action taken or fines or penalties assessed by any governmental agency because of the failure by the Customer to comply with the law or the requirements or regulations of any governmental agency or with a notification issued to the Customer by any such agency. 8.6 The Customer agrees that in connection with any and all Services performed by KGH, KGH shall only be liable for its negligent acts, which are the direct and proximate cause of loss or damage to the Customer. 8.7 KGH and the Customer acknowledge that the limitations of liability set out herein reflect an informed, voluntary allocation between KGH and the Customer of the risks (know or unknown) that may exist in connection with KGH’s provision of the Services.

Appears in 3 contracts

Samples: General Terms and Conditions of Service, General Terms and Conditions of Service, General Terms and Conditions of Service

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