Exemption Clauses Sample Clauses
An exemption clause is a contractual provision that limits or excludes one party's liability for certain breaches or losses. Typically, these clauses specify situations where a party will not be held responsible for damages, such as loss, injury, or delays, and may apply to specific types of claims or circumstances. By clearly defining the extent of liability, exemption clauses help allocate risk between parties and provide predictability, thereby protecting parties from unforeseen or excessive legal exposure.
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Exemption Clauses. The Limited Warranty does not apply to the following modules, including but not limited to:
5.1 Product damage or functional failure caused by the Customer's improper installation, use, and maintenance as the Customer fails to comply with the relevant provisions of Aiko Energy's Installation Manual, Technical Specifications, and Maintenance Manual;
5.2 Product damage or functional failure caused by the Customer's improper use, misuse, negligence, vandalism, or accident;
5.3 Product damage or functional failure caused by the Customer's power failure, power surge, thunder, flood, fire, accidental damage or damages or collisions caused by human and biological activities, industrial chemical exposure, or other events beyond Aiko Energy's control.
5.4 As for ODM non-standard materials, non-standard installations, and non- standardly designed products, Aiko Energy shall not assume the liabilities for the product defects which are caused by the materials, processes, or installation methods designated by the Customer and which are found during the warranty period, unless otherwise agreed.
5.5 The Customer boosts to a voltage that exceeds the maximum system voltage or surge;
5.6 The building where the Customer installs the products has defective parts;
5.7 The Customer operates the modules at an abnormal ambient temperature, and the application (application environment exceeds the normal working temperature) of the modules. Or the application environment changes rapidly, which causes the products to be corroded, oxidized, or affected by chemicals.
5.8 The Customer fails to pay the price of the goods or any other amount (whether the total or part of the prices of the goods or any interest or expenses of overdue payment) to Aiko Energy and its affiliated companies;
5.9 The Customer uses the products or conducts reverse-engineering of Aiko Energy's products in a manner that infringes the intellectual properties (including but not limited to patent rights, trademark rights, etc.) of Aiko Energy and any of its affiliated companies;
5.10 Aiko Energy shall have the right to reject the Customer's claims if a module's model number and serial number marks are altered or removed without Aiko Energy's written authorization or cannot be identified clearly;
5.11 Appearance defects or effects caused by normal wear and change in the appearance of photovoltaic module materials that do not cause the output power to fall below the guaranteed peak power. The normal wears of photovolta...
Exemption Clauses. 7.1 In the event that Party A is unable to continue to perform this contract due to changes in government laws and regulations concerning lease practices, or national land expropriation or change of use, etc., the provisions of Paragraph 2 of this article shall apply.
7.2 In the event that either party is unable to perform this contract due to a serious natural disaster, war or other unforeseeable force majeure whose occurrence and consequences cannot be prevented or avoided, the party encountering such force majeure shall immediately notify the other party by post, email or other written form and shall, within 30 days, provide details of the force majeure and the inability to perform the contract. Documentation of the reasons for or partial inability to perform or the need for a delay in performance. The proof document shall be issued by a notary office in the region where the force majeure occurred. If a notarized proof document cannot be obtained, other strong proof shall be provided. The party affected by the force majeure shall be exempted from liability.
7.3 In the event that the contract is terminated for the reasons mentioned above, the rent and property management fees shall be calculated based on the actual usage period. If the period is less than a full month, it shall be calculated by the number of days, with any excess refunded and any shortage made up.
Exemption Clauses. ‘Interpretation of an exemption clause is to be determined by construing the clause according to its natural and ordinary meaning, read in the light of the contract as a whole, thereby giving due weight to the context in which the clause appears, including the nature and object of the contract, and, where appropriate, construing the clause contra proferentem in the case of ambiguity.’230 may purport to exclude a party’s liability may limit the extent of liability to a particular maximum amount may make liability subject to certain pre-conditions Irrespective of the kind of exclusion, the court is to apply the same rules of interpretation.231 whether clause forms part of the contract; and whether, on the true construction of the clause, it covers the liability that has arisen. the Contra Preferentem Rule special rules that govern attempts to exempt negligence; and the ‘four corners’ rule Contra Preferentum Rule An exemption clause will be ordinarily construed strictly against the preferens – the party for whose benefit it is inserted.232 Attempts to Exempt Negligence An exemption clause will relieve a party of liability for his/her negligence, or that of his/her servants or agents, if it expressly or impliedly covers such liability. A clause will cover such liability if there can be no ground of liability other than negligence to which it could refer.233 an express exemption of liability for negligence must be given effect and is sufficient to exclude liability where there is no express reference to negligence, the court must decide whether the ordinary meaning of the words used in the clause are wide enough to exclude negligence. Rules regarding attempts to exempt negligence Any doubt in this regard is resolved: contra preferentum; and if the words use in the clause are wide enough to cover negligence, but there is some other ground of liability other than negligence, the clause will be read as applying only to that other ground of liability and will not operate to exclude the claim for negligence. Where the parties express an intention in unequivocal language that liability for negligence is to be exempted (rule 1) and where no such express intention is shown (rules 2 and 3), it would seem that for rule 1 to apply, the word ‘negligence’ or a close synonym must be used.234 Some authorities suggest that while the use of words such as ‘all liability’ or ‘any loss’ are insufficient, the addition of the words ‘whatever its cause’ or ‘howsoever cause’ will mean...
Exemption Clauses. (1) Based on the consideration of the overall interests of the market and business needs, and in order to provide better data promotion services, due to laws and regulations, traffic network platform requirements, changes in data promotion rules and platform rules, Party A’s adjustment, improvement of user experience, optimization of advertising quality, standardize the transaction of goods or services after advertising and promotion conversion, protect the legitimate rights and interests of users, changes in national policies and market environment, etc., the data promotion services, service content, service methods, product functions, layout, page design, etc. under the Agreement are all reasonable changes. If the data promotion services under the Agreement cannot be provided in whole or in part due to the above adjustments, changes or downlines, Party A shall not be liable for breach of contract.
(2) When promoting specific forms of data, whether the promotion can be carried out may be affected by the requirements of the traffic network platform and the account status of the cooperative traffic network platform. If the data promotion services under the Agreement cannot be provided in whole or in part as agreed or cannot continue to be provided as a result, Party A shall not be liable for breach of contract.
(3) In order to ensure the normal operation of each platform, if necessary, Party A and its affiliates need to shut down the website and platform for maintenance on a regular or irregular basis. If the services under the Agreement cannot be provided as agreed due to such circumstances, Party A will not be liable for breach of contract.
(4) In the event of situations including but not limited to requests from authorized authorities, social public events, media coverage, or major time points, Party A has the right to adjust, suspend, or terminate the data promotion services under this agreement at the corresponding time points without assuming any breach of contract liability.
(5) If Party A is unable to provide data promotion services as agreed due to the above four situations, Party A shall provide data promotion services for the affected part on terms not lower than the original agreement between the parties after the affected situation ends. If Party A cannot publish or provide services based on the actual situation, the parties will settle the service fees according to the actual data promotion situation.
Exemption Clauses. In case emergency, natural calamity, restrictions under law, a power failure and any other happening occur, B may terminate, discontinue service or change the term. However permission by A will be needed before or after the incident.
Exemption Clauses. (1) Based on the overall market interests and business needs and in order to provide better Data Promotion Services, the adjustment, restriction, change or going offline of Data Promotion Services, service contents, service methods, product functions, layout and page design under the Agreement caused by any changes in requirements of Flow Network Platform, data promotion rules (including but not limited to audit rules, access rules, promotion rules, and deposit requirements for specific industries, etc.) and Platform Rules, Party A’s adjustment, improvement of user experience, optimization of advertising quality, changes in national policies and market environment are reasonable changes. Party A shall not be liable for breach of contract if the Data Promotion Services hereunder cannot be provided as agreed or cannot be continued due to the above adjustment, change or going offline.
(2) To ensure the normal operation of the Flow Network Platform and the Data Promotion Platform, Party A or its affiliated companies shall shut down and maintain the website and platform regularly or irregularly, if necessary. Party A shall not be liable for breach of contract if the services hereunder cannot be provided as agreed due to such circumstances.
(3) Party A shall have the right to adjust, suspend or terminate the Data Promotion Services hereunder at the corresponding time node without liability for breach of contract in case of any circumstances including but not limited to the requirements of the competent authority, social public events, media reports or major time nodes, etc.
(4) If Party A cannot provide Data Promotion Services as agreed due to the above three circumstances, Party A shall provide Data Promotion Services for the affected parts under conditions not lower than those originally agreed by the parties after the circumstance disappears. If Party A is unable to publish or provide services based on actual conditions, the parties shall settle accounts according to the data promotion services actually provided.
(5) Party B understands and agrees that in order to optimize customer experience, the Data Promotion Platform will continue to explore and provide differentiated product solutions to customers with different delivery experiences, and the actual product functions that Party B can use will be subject to the page display. At the same time, the Data Promotion Platform may provide estimated data services on some product pages, but such estimated data serv...
Exemption Clauses. 8.1 Feelingtouch cannot guarantee: Feelingtouch game software or Feelingtouch game services do not have error, will not interrupt, all defects have been corrected, Feelingtouch game software or Feelingtouch game services will not be damaged by virus or any other factors. Unless it is clearly regulated by law, Feelingtouch hereby expressly states that it does not bear any express or implied guarantee responsibility, including but not limited to guarantee of performance, applicability or non-infringement of Feelingtouch game software or Feelingtouch game
8.2 In any case, Feelingtouch does not bear responsibility for losses caused by force majeure when you use Feelingtouch game software or accept Feelingtouch game services. The force majeure includes but not limited to national laws, regulations, policies and the order of state organs and other government actions or
8.3 Feelingtouch can independently decide to change, terminate or suspend your use of Feelingtouch game services at any time and no advance notice is required, but except advance notice is required according to the agreement or laws and regulations. If your behavior violates the agreement, game rules, relevant laws and regulations, Feelingtouch can terminate or suspend your use of Feelingtouch game services in accordance with the above regulations. Feelingtouch does not need to bear any responsibility for you and has the right to require you bearing corresponding responsibility.
8.4 Game software BUG, version update defects, virus attack of the third party and any other factors may cause abnormity of your game account, virtual goods and game data. Before the reason for data exception being identified, Feelingtouch has the right to temporarily freeze corresponding game account; if the data exception is caused by you or the third party’s violation of game behavior specification of users agreed by the agreement, Feelingtouch has the right to recover game account, virtual goods and game data to the original state before the exception occurred (including retrieve the transferred data from the third party) and Feelingtouch does not bear any responsibility to you.
8.5 Feelingtouch does not authorize you to obtain game account and virtual goods through purchase, accepting bestowal or other methods from any third party. Feelingtouch is not responsible for the transaction of third party and does not accept any appeal arising from dispute of third party’s transaction.
8.6 Limited by objective conditions, the...
Exemption Clauses. 1. Force majeure means any objective event that cannot be predicted, avoided and overcome, including without limitation to wars, natural disasters, typhoons, floods, fires, tsunamis, lightning strikes or earthquakes, work stoppages, strikes, riots, terrorist attacks, infectious diseases, government actions, etc. Where either party is unable to perform all or part of this Agreement due to the force majeure, it shall promptly notify the other party to minimize the possible losses arising therefrom, and shall take appropriate measures to prevent additional losses and provide evidences within the reasonable period.
2. Where the services provided through the NAFMII Platform delay, discontinue or fail due to the failure in public communication network, power supply system or relevant systems, both Parties shall be obligated to remove the fault and take remedial measures in a timely manner. Party A shall assume no responsibility for the said delay, discontinuity or failure suffered by Party B.
Exemption Clauses. This Memorandum and its executive arrangements will not prejudice the performance of obligations arising out of the existing provisions and constituent documents of the Parties and observing the rights and international obligations of the Parties.
Exemption Clauses. Party A shall bear no responsibility for following results or losses:
1. GSM blind area, failure or short message losing and blocking;
2. GPS location blind area, default or failure.
3. Non-default problems, man-made destroy of GSM network and GPS system.
4. Improper installation and operation of Party B’s users (inc. Party B).
5. Improper registration of Party B.
6. Disconnection or default charge of Party B’s vehicle mobile phone.
7. Abnormal operation due to default battery voltage or other failures of Party B’s vehicle.
8. No entry into early warning of Party B’s vehicle.
9. Password or other materials disclosure taken by Party B’s system users (inc. Party B).
10. Vehicle terminal opening or SIM card changing made by Party B without approval.
11. Vehicle lost of Party B.