Exclusion and Limitation of Liability. 10.1 SUPPLIER DOES NOT EXCLUDE OR LIMIT ITS LIABILITY (IF ANY) TO BUYER FOR ANY MATTER FOR WHICH IT WOULD BE ILLEGAL FOR SUPPLIER TO EXCLUDE OR LIMIT OR TO ATTEMPT TO EXCLUDE OR LIMIT ITS LIABILITY.
10.2 OTHER THAN ANY LIABILITY OF SUPPLIER ARISING UNDER CLAUSE 10.1, WHICH SHALL NOT BE LIMITED, AND WITHOUT PREJUDICE TO THE OTHER PROVISIONS OF THIS CLAUSE 10 (EXCLUSION AND LIMITATION OF LIABILITY), SUPPLIER'S AGGREGATE LIABILITY AS DEFINED IN PART D (DEFINITIONS AND INTERPRETATION) UNDER EACH CONTRACT WILL BE LIMITED TO AN AMOUNT EQUAL TO THE GREATER OF 115% OF THE AMOUNT PAID BY BUYER TO SUPPLIER UNDER THAT CONTRACT OR $10,000.00.
10.3 EXCEPT AS PROVIDED IN CLAUSE 10.1, SUPPLIER WILL BE UNDER NO LIABILITY AS DEFINED IN PART D (DEFINITIONS AND INTERPRETATION) TO BUYER WHATSOEVER IN RESPECT OF
10.3.1 ANY CLAIM ARISING OUT OF AN EVENTWHICH IS CAUSED, OR CONTRIBUTED TO, BY THE GOODS AND SUCH EVENT OCCURS AFTER THE COMMENCEMENT OF THE LAUNCH PROCEDURE OF THE VEHICLE CARRYING SUCH GOODS INTO SPACE;
10.3.2 PURE ECONOMIC LOSS, LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF REVENUE, LOSS OF CONTRACTS, LOSS OF GOODWILL, LOSS OF ANTICIPATED EARNINGS OR SAVINGS (WHETHER DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL) OR
10.3.3 LOSS OF USE OR VALUE OR DAMAGE OF ANY DATA OR EQUIPMENT (INCLUDING SOFTWARE), WASTED MANAGEMENT, OPERATION OR OTHER TIME (WHETHER DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL) OR
10.3.4 ANY SPECIAL, INDIRECT, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSS, IN EACH CASE HOWSOEVER CAUSED ARISING OUT OF OR IN CONNECTION WITH:
10.3.5 ANY OF THE WORKS, OR THE MANUFACTURE OR SALE OR SUPPLY, OR FAILURE OR DELAY IN SUPPLY, OF THE WORKS BY SUPPLIER OR ON THE PART OF SUPPLIER’S EMPLOYEES, AGENTS OR SUBCONTRACTORS;
10.3.6 ANY BREACH BY SUPPLIER OF ANY OF THE EXPRESS OR IMPLIED TERMS OF THE CONTRACT;
10.3.7 ANY USE MADE OR RESALE BY BUYER OF ANY OF THE WORKS, OR OF ANY PRODUCT INCORPORATING ANY OF THE WORKS; OR
10.3.8 ANY STATEMENT MADE OR NOT MADE, OR ADVICE GIVEN OR NOT GIVEN, BY OR ON BEHALF OF SUPPLIER.
10.4 EXCEPT AS EXPRESSLY SET OUT IN THE CONTRACT, SUPPLIER HEREBY EXCLUDES TO THE FULLEST EXTENT PERMISSIBLE IN LAW, ALL CONDITIONS, WARRANTIES AND STIPULATIONS, EXPRESS (OTHER THAN THOSE SET OUT IN THE CONTRACT) OR IMPLIED, STATUTORY, CUSTOMARY OR OTHERWISE WHICH, BUT FOR SUCH EXCLUSION, WOULD OR MIGHT SUBSIST IN FAVOR OF BUYER, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
10.5 EACH OF SUPPLIER’S EMPLOYEES,...
Exclusion and Limitation of Liability. 13.1 No Bank shall be under any liability whatsoever to the Account Holder or any Cardholder in respect of any loss or damage arising directly or indirectly from:-
(a) any defect in any goods or services paid for by the use of a Card or any claim or complaint by a Cardholder against the supplier of such goods or services, or any other dispute between a Cardholder and any such supplier, for the avoidance of doubt, each Cardholder and the Account Holder shall remain fully liable for any Charges incurred in respect of the relevant goods or services;
(b) the refusal of any Person, automated teller machine, point of sale terminal, other computer terminal, internet website or any telecommunication devices to honour or accept a Card;
(c) save as provided in Clause 11.3 above and in Clause 13.2(a) below, the incurring of a Charge other than by a Cardholder;
(d) subject to Clauses 13.2(a) and 13.8 below, access to the use of a Card and/or services by a Cardholder or any other person whether or not authorised;
(e) any Bank's inability to execute any of a Cardholder's instructions due to prevailing market conditions or other causes beyond the control, and not attributable to any default or negligence, of a Bank;
(f) the inaccuracy in any information or data provided by the Account Holder or the Cardholder which is stored in a Card containing a device capable of storing data or information or the loss of such information or data due to the negligence of the Account Holder or the Cardholder;
(g) the exercise by a Bank of its right to demand and procure surrender of a Card prior to the expiry date embossed on its face, whether such demand and surrender are made and/or procured by a Bank or by any other Person or computer terminal;
(h) the exercise by a Bank of its right (i) to modify, suspend or withdraw any of the facilities, services or benefits from time to time available in respect of a Card pursuant to Clause 16.3 below, (ii) to amend the credit limit (including but not limited to any cash advance limit or limit on Balance Transfer amount) applicable to a Card or a Card Account pursuant to Clause 16.4 below, or (iii) to terminate a Card or a Card Account pursuant to Clause 17 below;
(i) any injury to the credit character and reputation of the Account Holder or any Cardholder in connection with or caused by the repossession of a Card, any request for its return or the refusal of any Person to honour or accept a Card whether or not instructed by a Bank;
(j) any act o...
Exclusion and Limitation of Liability. (a) You acknowledge that our timely supply of the Gold Bullion depends on availability and other practicalities. You further acknowledge that we shall not be liable to you under any circumstances whatsoever for any Losses directly or indirectly caused by any delay in delivery or any unavailability of Gold Bullion, whether as a result of any third party (including any counterparty pursuant to the Corresponding Purchase Transaction) or otherwise, unless such delay in delivery or unavailability of Gold Bullion arises directly out of our gross negligence, fraud or wilful default.
(b) In the event of settlement of any Losses you suffer, we (including our insurers) shall become subrogated, to the extent of such payment, to all of your rights of recovery against any responsible party respecting such Losses. You undertake to execute and deliver all documents required by us (including our insurers), and to cooperate with and assist our insurers fully in connection with the exercise of such rights, including the maintenance of any legal proceeding in your name. You further undertake that neither you nor your agents shall do anything to prejudice our or our insurers’ rights.
(c) Without prejudice to any provision of these Gold Bullion Terms, we will not be liable to you in respect of any Losses incurred by reason of, arising from or resulting from any loss of or damage to the Gold Bullion once they are delivered to you in accordance with Clause 4.5.
Exclusion and Limitation of Liability. (a) Without prejudice to Clause 31 of the Account Terms, we shall not be liable under any circumstance whatsoever, for any Losses arising from or in connection with any of the following:
(i) indirect, consequential, or special Losses of or damage to the Gold Bullion, including loss of profits, revenue, business opportunity or reputation, business interruption, loss of market, whether or not caused by our fault or neglect and whether or not we had knowledge that such Loss or damage might be incurred;
(ii) any pre-existing defect or nature of the Gold Bullion as we may note and promptly notify you in writing of the same;
(iii) shortage or disappearance or loss from or damage to the Gold Bullion, unless: (aa) resulting from our gross negligence, fraud or wilful default when providing the Gold Bullion Services under these Gold Bullion Terms; or
Exclusion and Limitation of Liability. Save as otherwise expressly provided in this Agreement, neither Party shall in any circumstances whatsoever be liable to the other for any loss of profit, loss of revenue, loss of use, loss of contract or loss of goodwill or any indirect or consequential loss. Any statutory or implied conditions and warranties are excluded. The Sale of Goods Act (Cap. 393) is expressly excluded from application to this Agreement.
Exclusion and Limitation of Liability. 18.1. The Organizer will use its reasonable endeavors to ensure that services provided for the Event or Sponsorship are supplied.
18.2. The Organizer takes no responsibility for the acts or omissions of any supplier of products or services recommended by the Organizer to Event exhibitors (including without limitation the Company) or appointed by the Organizer as suppliers (exclusive or otherwise) to the Event exhibitors (including without limitation the Company) or for inaccurate copy instructions. Organizer shall have no liability to the Company for any loss or damage it may suffer as a result of any act or omission of such suppliers.
18.3. The Organizer shall not in any event be liable to the Company for any loss or damage it may suffer as a result of omissions, misquotations or other errors by the Organizer, which may occur in any form of publication or other media.
18.4. The Organizer shall have no liability for any loss or damage suffered by the Company as a result of the exercise by the Organizer of its rights hereunder.
18.5. Nothing in the Agreement excludes or limits either the Organizer’s or the Company’s liability for any liability that may not be excluded or limited by applicable law.
18.6. Subject to clause 18.5, save in the case of any indemnities and except as expressly provided in clause 16.2, neither Party shall be liable to the other Party for any incidental, consequential, indirect or special damages of any kind or for loss of profits or revenue or loss of business whether arising from negligence, breach of the Agreement or howsoever caused, whether or not the other Party was advised of the possibility of such damage.
18.7. Subject to clause 18.5 and save in the case of any indemnities, in no event shall the: (i) Organizer’s liability in aggregate under the Agreement exceed the amount actually paid to the Organizer pursuant to the Order Form (regardless of whether such monies are returned via a refund or damages payment); and (ii) Company’s liability in aggregate under the Agreement exceed an amount equivalent to the fees paid and payable under the Order Form.
18.8. Except as expressly set forth in the Agreement, neither Party makes any additional warranties, express or implied, including in particular any warranties of merchantability and fitness for a particular purpose.
18.9. Each Party acknowledges that the exclusions and limitations of liability hereunder are part of the consideration for the level of fees charged.
Exclusion and Limitation of Liability. 15.1. While Solista will take all reasonable measures to preserve the Customer’s data to which Solista may have access in the course of provision of the Services, Solista cannot accept any responsibility in the event that any data is corrupted or erased for any reason. The Customer accepts that it must maintain backup data in order to avoid any loss or damage arising from such corruption or erasure, and will indemnify and save Solista and its employees harmless from any loss or damage howsoever arising as a result of any claim by the Customer or any third party as a result thereof.
15.2. The Customer acknowledges by entry into this Agreement that no promise, representation, warranty or undertaking has been made or given by Solista or any person on its behalf in relation to the capacity, uses or benefits to be derived from use, profitability of or any other consequences of or benefits to be obtained from the provision of the Services, except as set out in this Agreement and any additional Statement of Work governed by this Agreement, and that the Customer has relied on its own skill and judgment in deciding to acquire the Services. In particular, the Customer acknowledges that Solista does not and cannot warrant that any services will be uninterrupted, error free, or free of harmful components, or that any content will be secure or not otherwise lost or damaged.
15.3. In the event that the supply of any goods or services under this Agreement constitutes a supply of goods or services to a consumer as defined in the Competition and Consumer Xxx 0000 (Cth), as amended, or relevant State or Territory legislation (“the Acts”), nothing contained in this Agreement excludes, restricts or modifies any condition, warranty or other obligation in relation to this Agreement and the goods and services to be supplied hereunder, which pursuant to the Acts or any of them is applicable or is conferred on the Customer where to do so is unlawful. In any event Solista’s sole liability for breach of any such condition, warranty or other obligation, including any consequential loss which the Customer may sustain or incur, shall be limited (except to the extent specifically set forth herein) to:
a) In relation to goods (Hardware):
i. the replacement of the goods or the supply of equivalent goods or payment of the cost of replacing the goods or acquiring equivalent goods; or
ii. the repair of the goods or payment of the cost of having the goods repaired;
b) In relation to services:...
Exclusion and Limitation of Liability. 18.1 The Company shall not be liable to pay any compensation, damages, costs or expenses for any claim arising from any cause beyond the Company's reasonable control which could not have been mitigated or avoided by the Company including but not limited to:
18.1.1 loss of or damage to any person’s property (including the boat);
18.1.2 non-fulfilment, interruption or delay to the booking;
18.1.3 breakdowns, mechanical problems, latent defects, damage to the boat;
18.1.4 restrictions on cruising, obstructions, repairs, damage or closure of waterways, non availability of routes, navigational works, storms, floods, droughts, ice, shortage of water or other weather or climactic conditions;
18.1.5 rationing, shortage or non availability of fuel;
18.1.6 consequential loss, damage or expense which You incur including the cost of alternative transport, accommodation or other holiday provision.
18.2 The Company’s total liability to You and any person claiming through You in respect of all claims which may arise under this Agreement (other than in respect of claims which cannot be excluded or limited at law, such as claims for death or personal injury) shall be limited in aggregate to the Price actually paid by You to the Company in respect of the Agreement in question.
18.3 Nothing in these Conditions affects Your statutory rights. In the event of a conflict between the Agreement and any consumer protection legislation conferred upon you, such consumer protection legislation shall prevail. In the event of a conflict between these Conditions and the Booking Confirmation, the Booking Confirmation shall prevail.
Exclusion and Limitation of Liability. The Company shall not be liable to pay any compensation, damages, costs or expenses for any claim arising from any cause beyond the Company's reasonable control which could not have been mitigated or avoided by the Company including but not limited to: • Loss of or damage to any person's property (including the Boat) • Non-fulfilment, interruption or delay to the booking • Breakdowns, mechanical problems, latent defects, damage to the Boat • Restrictions on cruising, obstructions, repairs, damage or closure of waterways, non-availability of routes • Navigational works, storms, floods, droughts, ice, shortage of water or other adverse weather conditions • Rationing, shortage or non availability of fuel • Consequential loss, damage or expense which You incur including the cost of alternative transport, accommodation or other holiday provision • The Company's total liability to You and any person claiming through You in respect of all claims which may arise under the Agreement (other than in respect of claims for personal injury or death due to negligence on the part of the Company) shall be limited in aggregate to twice the Total price actually paid by You to the Company in respect of the Agreement in question
Exclusion and Limitation of Liability. 10.1 The Bank shall not be held liable for any loss or damage suffered by the Cardmember arising out of the services offered at the SSTs and POS Terminal being unavailable.
10.2 The Bank shall not be held liable for any loss or damage if a wrong Account number is keyed in by the Cardmember in the course of utilizing the services offered at the SSTs and POS Terminal.
10.3 The Bank will not affect any payment order or instruction unless there is sufficient balance in the Cardmember’s Account on the payment order or instruction date and shall not be liable for any loss or damage arising therefore. The Account balance shall exclude unclear cheque(s) or remittances not received. All payment order or instruction will be void if the Cardmember’s Account is closed.
10.4 The Cardmember shall accept full responsibility for all Transactions made by the use of the Card. Transactions via the Card shall be deemed to be cash withdrawal transactions and the Cardmember hereby authorised the Bank to debit his Account for the total amount of the bills incurred by the use of the Card.
10.5 The Cardmember agrees to authorise the Bank to debit the Account, at any time without further notice to the Cardmember, with all fees, charges and commissions imposed on the Card and/or the Transactions and/or under these Terms and Conditions. If such debiting causes the Account to be overdrawn, the Cardmember agrees that the Bank may impose overdrawn interest at such rate the Bank deems fit and appropriate against the overdrawn sum.
