Exclusions Clause Sample Clauses

Exclusions Clause. This clause means that the Customer might not be able to get compensation from the Retailer for some losses the Customer might suffer as a result of the Retailer’s actions. The effect of this clause may be limited by law, including the Competition and Consumer Act 2010 (Cth) and the Fair Trading Act 2010 (WA), in which case it has effect only as far as the law allows. In particular, if the Customer is a consumer under the Competition and Consumer Act 2010 (Cth) and the Fair Trading Act 2010 (WA), the Retailer may be taken to have given the Customer certain consumer guarantees about the supply of goods or services (including gas) to the Customer. If the Retailer fails to comply with those guarantees, then the Customer may have statutory rights under the Competition and Consumer Act 2010 (Cth) and the Fair Trading Act 2010 (WA) against the Retailer, and the limitations set out in this clause will not limit the Retailer’s liability to the Customer to the extent those statutory rights apply. Despite anything else the contract says (other than the paragraph above), and despite anything outside the contract (other than applicable laws including the Competition and Consumer Act 2010 (Cth) and the Fair Trading Act 2010 (WA)), the Retailer will only ever be liable to the Customer for direct damage. The Retailer will not in any circumstances be liable to the Customer for indirect damage, including (but not limited to): i. indirect loss; or
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Exclusions Clause. This clause means that the Customer might not be able to get compensation from the Retailer for some losses the Customer might suffer as a result of the Retailer’s actions. The effect of this clause may be limited by law, in which case it has effect only as far as the law allows. Despite anything else the contract says, and despite anything outside the contract, the Retailer will only ever be liable to the Customer for direct damage. The Retailer will not in any circumstances be liable to the Customer for indirect damage, including (but not limited to): i. indirect loss; or
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Exclusions Clause. 4 Apart from the general exclusions specified in the General Conditions NO-0001 this policy does not provide cover in the event of:
Sample 1

Related to Exclusions Clause

  • DISCLAIMERS; EXCLUSIONS; LIMITATIONS Subject to §4, neither party makes any warranties (express, implied, or otherwise), including implied warranties of merchantability, non-infringement, fitness for a particular purpose, or title, related to its performance or anything else provided under this Agreement. Neither party will be liable for any special, incidental, punitive, or consequential damages of any kind for any reason whatsoever relating to this Agreement, even if such damages were reasonably foreseeable.

  • EXCLUSIONS FROM WARRANTY This warranty does not cover problems caused by your acts (or failures to act), the acts of others, or events beyond Microsoft’s reasonable control.

  • Exclusions of liability 11.1 In respect of Limited Liability, we will not be liable for loss of or damage to your goods as a result of fire or explosion howsoever that fire or explosion was caused, unless we have been negligent or in breach of contract.

  • Exclusions and Limitations The aforementioned “Limited Warranty” does not apply to any Products which have been subjected to

  • EXCLUSIONS AND EXCEPTIONS 12.1 DBS shall not be responsible or liable to the Cardmember or any Cardholder for any loss or damage incurred or suffered as a consequence of:

  • – GENERAL PROVISIONS CONCERNING PAYMENTS II.5.1. Payments shall be deemed to have been made on the date on which the Agency's account is debited.

  • – GENERAL PROVISIONS ON PAYMENTS II.16.1 Payments shall be made by the Commission in euro. Any conversion of actual costs into euro shall be made at the daily rate published in the Official Journal of the European Union or, failing that, at the monthly accounting rate established by the Commission and published on its website applicable on the day when the payment order is issued by the Commission, unless the Special Conditions of the agreement lay down specific provisions. Payments by the Commission shall be deemed to be effected on the date when they are debited to the Commission's account.

  • GENERAL EXCLUSIONS AND LIMITATIONS 1. This Agreement does not cover performance of routine maintenance. You are responsible for performing all routine maintenance and cleaning for all covered Items as specified and recommended by the manufacturer. You are also responsible for providing all routine maintenance for all areas of a Covered Property around covered Items to ensure that these Items are able to function properly as specified by the manufacturer.

  • Exclusions of Warranties THE SITE AND SERVICE AND RELATED DOCUMENTATION ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. IN PARTICULAR, WE DO NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO ANY PART OF OUR SERVICE, AND OPERATION OF OUR SITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF OUR CONTROL. SOME STATES DO NOT ALLOW THE DISCLAIMER OF CERTAIN IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU. THIS PARAGRAPH GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.

  • Exclusions and Limitations of Liability TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, (a) NONE OF THE 8x8 PARTIES SHALL BE LIABLE UNDER THE AGREEMENT FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR COVER DAMAGES; LOSS OF PROFITS, REVENUES, OR GOODWILL; OR LOSS OR INTERRUPTION OF BUSINESS, WHETHER FROM BREACH OR REPUDIATION OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, TORT, STRICT LIABILITY, OR OTHERWISE AND (b) THE MAXIMUM LIABILITY OF THE 8x8 PARTIES UNDER THE AGREEMENT, WHETHER ARISING FROM A THEORY OR CLAIM OF BREACH OR REPUDIATION OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, TORT, STATUTORY DUTY, OR OTHERWISE, SHALL IN NO CASE EXCEED THE TOTAL AMOUNT OF SERVICE FEES PAYABLE UNDER THE AGREEMENT FOR THE TWELVE- (12-) MONTH PERIOD PRECEDING THE FIRST INCIDENT OUT OF WHICH THE LIABILITY AROSE. THE FOREGOING EXCLUSION AND LIMITATION SHALL APPLY REGARDLESS OF WHETHER EITHER PARTY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY, AND ON A CUMULATIVE (RATHER THAN PER-INCIDENT) BASIS. CUSTOMER ACKNOWLEDGES AND AGREES THAT THE PRICING AND OTHER TERMS UNDER THE AGREEMENT ARE BASED ON THE FOREGOING EXCLUSION AND LIMITATION.

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