Exclusions and Limitations of Liability. 6.1 These terms do not exclude or restrict our liability if our negligence causes death or injury to you. 6.2 We are not liable for any indirect loss, special loss or consequential loss or damage to you or for any loss of profit, loss of contract, loss of business, loss of goodwill, loss of opportunity, loss of revenue, loss of income or any similar loss of any nature arising in any circumstances whatsoever and however caused. 6.3 We are not liable for loss arising from:- (a) delay by you or others giving us information for documents; (b) information or documents supplied by you or others being incomplete, inaccurate or out of date; (c) things outside our reasonable control; (d) actions, failures or advice of others; (e) delay by you paying our fees or any expense or disbursements we have requested from you. 6.4 Save for death or personal injury caused to you and arising from our negligence, our maximum liability to you for any and all losses, claims, liabilities and expenses of whatever nature is limited to the sum set out in the letter of engagement or if no sum is specified, £3 million. 6.5 We are not liable for a failure to provide services which fall outside the scope of our engagement as set out in the letter of engagement. We are not under a duty to advise you about, or of the consequences of, any event or change in the law or its interpretation which takes place after we finish providing the work. 6.6 We will not provide advice on any form of taxation (including VAT), any accounting matters, or pensions and we do not provide advice on financial matters unless expressly provided for in our engagement letter. 6.7 Our services are provided by us only and your contract is with us only. We are not liable to people or bodies other than you for our services. You agree you will not bring any claim against any company owned or controlled by us, any of our members, employees, consultants or agents or those of any company owned or controlled by us. Any services provided by such people are solely on our behalf. 6.8 If you are not a consumer and we have suffered loss or liability as a result of acting in accordance with your instructions, you will indemnify us for such loss or liability to the extent that it is not caused by our own negligence.
Appears in 2 contracts
Samples: Engagement Agreement, Engagement Agreement
Exclusions and Limitations of Liability. 6.1 These terms do not exclude or restrict our liability if our negligence causes death or injury to you.
6.2 6.1 We are not liable for any indirect loss, special loss or consequential loss or damage to you or for any loss of profit, loss of contract, loss of business, loss of goodwill, loss of opportunity, loss of revenue, loss of income or any similar loss of any nature arising in any circumstances whatsoever and however caused.
6.3 6.2 We are not liable for loss arising from:-
(a) delay by you or others giving us information for documents;
(b) information or documents supplied by you or others being incomplete, inaccurate or out of date;
(c) things outside our reasonable control;
(d) actions, failures or advice of others;
(e) delay by you paying our fees or any expense or disbursements we have requested from you.
6.4 6.3 Save for death or personal injury caused to you and arising from our negligence, our maximum liability to you for any and all losses, claims, liabilities and expenses of whatever nature is limited to the sum set out in the letter of engagement or if no sum is specified, £3 million.
6.5 6.4 We are not liable for a failure to provide services which fall outside the scope of our engagement as set out in the letter of engagement. We are not under a duty to advise you about, or of the consequences of, any event or change in the law or its interpretation which takes place after we finish providing the work.
6.6 6.5 We will not provide advice on any form of taxation (including VAT), any accounting matters, or pensions and we do not provide advice on financial matters unless expressly provided for in our engagement letter.
6.7 6.6 Our services are provided by us only and your contract is with us only. We are not liable to people or bodies other than you for our services. You agree you will not bring any claim against any company owned or controlled by us, any of our members, employees, consultants or agents or those of any company owned or controlled by us. Any services provided by such people are solely on our behalf.
6.8 6.7 If you are not a consumer and we have suffered loss or liability as a result of acting in accordance with your instructions, you will indemnify us for such loss or liability to the extent that it is not caused by our own negligence.
Appears in 1 contract
Samples: Engagement Agreement
Exclusions and Limitations of Liability. 6.1 Clauses 7.1-7.4 apply where you are acting in the course of business:
7.1. The contract you make is with us. You will not bring any claim against any of our individual employees, consultants or partners personally in respect of losses you suffer or incur, however arising, in connection with our Services. This will not limit or exclude our liability for the acts or omissions of our employees, consultants or partners.
7.2. Nothing in these terms shall limit or exclude our liability for:
(a) death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
(b) fraud or fraudulent misrepresentation; or
(c) any matter in respect of which it would be unlawful for us to exclude or restrict liability.
7.3. Subject to clause 7.2:
(a) we shall under no circumstances whatsoever be liable to you, whether in contract, tort (including negligence), breach of statutory duty or otherwise, for any: (i) loss of profit; or (ii) any indirect or consequential loss arising under or in connection with this contract; and
(b) our total liability to you in respect of all losses arising under or in connection with the contract, whether in contract, tort (including negligence), breach of statutory duty or otherwise, shall in no circumstances exceed £1 million or, if greater, the amount recoverable under our professional indemnity insurance.
7.4. If we engage third parties to advise you or act for you, we will not be liable in respect of any advice given or work undertaken by them (regardless of whether such persons were introduced by us). Clauses 7.5-7.8 apply where you are acting as a consumer:
7.5. See the box below for a summary of your key legal rights as a consumer. Nothing in these terms will affect your legal rights. This is a summary of your key legal rights. These terms are subject to certain exceptions. For detailed information please visit the Citizens Advice website xxx.xxxxxxxxxxx.xxx.xx or call 00000 00 00 00.
a) You can ask us to repeat or fix a service if it's not carried out with reasonable care and skill, or receive some money back if we can't fix it.
b) If you haven't agreed a price beforehand, what you're asked to pay must be reasonable.
c) If you haven't agreed a time beforehand, services must be carried out within a reasonable time.
7.6. If we fail to comply with this contract, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us prior to instructing us.
7.7. We do not exclude or restrict limit in any way our liability if to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence causes death or injury the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to youthe Services including the right to receive services which are of satisfactory quality and supplied with reasonable skill and care.
6.2 7.8. We are not liable only supply the Services to you for private use. If you use the Services for any indirect losscommercial, special loss business or consequential loss or damage re-sale purpose we will have no liability to you or for any loss of profit, loss of contractbusiness, business interruption or loss of business, loss of goodwill, loss of business opportunity, loss of revenue, loss of income or any similar loss of any nature arising in any circumstances whatsoever and however caused.
6.3 We are not liable for loss arising from:-
(a) delay by you or others giving us information for documents;
(b) information or documents supplied by you or others being incomplete, inaccurate or out of date;
(c) things outside our reasonable control;
(d) actions, failures or advice of others;
(e) delay by you paying our fees or any expense or disbursements we have requested from you.
6.4 Save for death or personal injury caused to you and arising from our negligence, our maximum liability to you for any and all losses, claims, liabilities and expenses of whatever nature is limited to the sum set out in the letter of engagement or if no sum is specified, £3 million.
6.5 We are not liable for a failure to provide services which fall outside the scope of our engagement as set out in the letter of engagement. We are not under a duty to advise you about, or of the consequences of, any event or change in the law or its interpretation which takes place after we finish providing the work.
6.6 We will not provide advice on any form of taxation (including VAT), any accounting matters, or pensions and we do not provide advice on financial matters unless expressly provided for in our engagement letter.
6.7 Our services are provided by us only and your contract is with us only. We are not liable to people or bodies other than you for our services. You agree you will not bring any claim against any company owned or controlled by us, any of our members, employees, consultants or agents or those of any company owned or controlled by us. Any services provided by such people are solely on our behalf.
6.8 If you are not a consumer and we have suffered loss or liability as a result of acting in accordance with your instructions, you will indemnify us for such loss or liability to the extent that it is not caused by our own negligence.
Appears in 1 contract
Samples: Terms of Business
Exclusions and Limitations of Liability. 6.1 These terms do not exclude or restrict our liability if our negligence causes death or injury to you.
6.2 6.1 We are not liable for any indirect loss, special loss or consequential loss or damage to you or for any loss of profit, loss of contract, loss of business, loss of goodwill, loss of opportunity, loss of revenue, loss of income or any similar loss of any nature arising in any circumstances whatsoever and however caused.
6.3 6.2 We are not liable for loss arising from:-
(a) delay by you or others giving us information for documents;
(b) information or documents supplied by you or others being incomplete, inaccurate or out of date;
(c) things outside our reasonable control;
(d) actions, failures or advice of others;
(e) delay by you paying our fees or any expense or disbursements we have requested from you.
6.4 6.3 Save for death or personal injury caused to you and arising from our negligence, our maximum aggregate liability to you for any and all losses, claims, liabilities and expenses of whatever nature is limited to the sum set out in the letter of engagement or if no sum is specified, £3 millionmillion including interest and costs.
6.5 6.4 We are not liable for a failure to provide services which fall outside the scope of our engagement as set out in the letter of engagement. We are not under a duty to advise you about, or of the consequences of, any event or change in the law or its interpretation which takes place after we finish providing the work.
6.6 6.5 We will not provide advice on any form of taxation (including VAT), any accounting matters, or pensions and we do not provide advice on financial matters unless expressly provided for in our engagement letter.
6.7 6.6 Our services are provided by us only and your contract is with us only. We are not liable to people or bodies other than you for our services. You agree you will not bring any claim against any company owned or controlled by us, any of our members, employees, consultants or agents or those of any company owned or controlled by us. Any services provided by such people are solely on our behalf.
6.8 6.7 If you are not a consumer and we have suffered loss or liability as a result of acting in accordance with your instructions, you will indemnify us for such loss or liability to the extent that it is not caused by our own negligence.
Appears in 1 contract
Samples: Engagement Agreement