FOCBS liability Sample Clauses

FOCBS liability. The FOCBS shall be liable towards the Fuel card provider solely for physical injury and other damage caused intentionally or through gross negligence. The liability of the FOCBS is ex- cluded in all other circumstances. Liability for other damages is limited to what was typical and foreseeable for the contract. The FOCBS accepts no liability for damage arising from or in connection with the electronic exchange of data or information. In particular, it shall not be liable for damage resulting from transmission errors, technical defects, malfunctions or interruptions of its electronic connec- tions (including interface), illegal interference with telecommunications equipment, virus infil- tration, copying and falsification of content, network overload, failure to detect forgeries, iden- tity or credential defects, or wilful or accidental blocking of electronic connections by third parties. This exclusion of liability applies in particular to the FOCBS portal for users (web shop) and to communication between the system of the Fuel card provider and the FOCBS. Similarly, the FOCBS accepts no liability for any damage resulting from the possible involve- ment of third parties in the performance of this contract. Claims of the Fuel card provider against the FOCBS arising from the conclusion of Fuel card approval contracts with other providers are thus excluded.
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FOCBS liability. The FOCBS shall be liable towards the EETS provider solely for physical injury and other damage caused intentionally or through gross negligence. The liability of the FOCBS is excluded in all other circumstances. Liability for other damages is limited to what was typical and foreseeable for the contract. The FOCBS accepts no liability for damage arising from or in connection with the electronic exchange of data or information. In particular, it shall not be liable for damage resulting from transmission errors, technical defects, malfunctions or interruptions of its electronic connections (including interface), illegal interference with telecommunications equipment, virus infiltration, copying and falsification of content, network overload, failure to detect forgeries, identity or credential defects, or wilful or accidental blocking of electronic connections by third parties. This exclusion of liability concerns in particular the EETS portal and communication the system of the EETS provider and the EETS provider's on-board units in the territory of Switzerland or the Principality of Liechtenstein. Similarly, the FOCBS accepts no liability for any damage resulting from the possible involvement of third parties in the performance of this contract. Claims of the EETS provider against the FOCBS arising from the conclusion of EETS approval contracts with other providers are thus excluded.
Sample 1Sample 2
FOCBS liability. The FOCBS shall be liable towards the EETS provider solely for physical injury and other damage caused intentionally or through gross negligence. The liability of the FOCBS is excluded in all other circumstances. Liability for other damages is limited to what was typical and foreseeable for the contract. The FOCBS accepts no liability for damage arising from or in connection with the electronic exchange of data or information. In particular, it shall not be liable for damage resulting from transmission errors, technical defects, malfunctions or interruptions of its electronic connections (including interface), illegal interference with telecommunications equipment, virus infiltration, copying and falsification of content, network overload, failure to detect forgeries, identity or credential defects, or wilful or accidental blocking of electronic connections by third parties. This exclusion of liability concerns in particular the EETS portal and communication between the FOCBS's roadside infrastructure and the EETS provider's on-board units. Similarly, the FOCBS accepts no liability for any damage resulting from the possible involvement of third parties in the performance of this contract. Claims of the EETS provider against the FOCBS arising from the conclusion of EETS approval contracts with other providers are thus excluded.
Sample 1

Related to FOCBS liability

  • Defects Liability 10.1 Siemens shall be liable for the proper performance of the Services in accordance with this Contract. If Siemens delivers materials and goods in connection with the Services, Siemens shall be liable to the Customer for any non-conformity with express terms of this Contract resulting from circumstances existing at the time of the transfer of risk. 10.2 The Customer shall immediately notify Siemens in writing of any defective Services or defective materials and goods without undue delay. The Customer’s claims in respect of defects shall be excluded for any apparent defects if the Customer has failed to do so. Upon such written notification, Siemens shall be given a reasonable period of time and opportunity to re-perform the Services and/or, at its option, repair or replace defective materials or goods. The Customer shall grant Siemens working access to the defective Services, material, or goods, and shall undertake any necessary disassembly and reassembly, and shall provide access to operation and maintenance data, all at no charge to Siemens. Upon Siemens’ request, the Customer shall ensure that the title to the replaced parts/items shall pass to Siemens. 10.3 The defects liability period for any part of the Services shall expire 12 months after provision of the defective Services or acceptance if agreed. For materials and goods, the defects liability period shall expire 12 months after the transfer or risk. For re-performed Services and replaced or repaired materials and goods, the defects liability period is 6 months from the date of re-performance, replacement, or repair, if the original defects liability period expires earlier. In any event, the defects liability period shall end no later than 24 months from the beginning of the original defects liability period. 10.4 There shall be no warranty claim for insignificant deviations from the agreed quality, of only minor impairments of usability, for normal wear and tear, or impairments due to improper or negligent handling by Customer, unsuitable equipment provided by Customer, non-reproducible software errors or special external influences which are not identified within the Contract. In addition, software errors are only deemed a defect if the defect occurs in the most current software version at the given time. 10.5 If software is defective, Siemens shall only be obliged to provide the Customer with an updated version of the software in which the defect has been remedied when Siemens can be reasonably expected to provide such updated version or, if Siemens is only licensee, such updated version is reasonably available from Siemens’ licensor. If the software has been modified or individually developed by Siemens, Siemens shall in addition provide the Customer with a workaround or other interim error correcting solution until the provision of an updated version of the software in which the defect is remedied, if such workaround or interim solution is feasible at reasonable expense and if otherwise the Customer’s business operations would be stopped or substantially impeded. 10.6 If Siemens re-performs allegedly defective Services and it is ultimately not established that the Services were defective, the Customer shall pay Siemens for such re-performance. 10.7 Any other liability of Siemens and any claims, rights and remedies of the Customer in case of defective Services or defects shall be excluded except as expressly stipulated in this Clause 10 or – in case Siemens failed at least three times in remedying/re-performing – in Clause 16.2 b). All warranties, representations, conditions, and all other terms of any kind whatsoever implied by statute or common law are, to the fullest extent permitted by applicable law, excluded from this Contract.