Guarantee and Liability Sample Clauses
The "Guarantee and liability" clause defines the extent to which a party is responsible for fulfilling certain obligations and the consequences if those obligations are not met. Typically, this clause outlines what guarantees are provided—such as product quality or service performance—and specifies the limits of liability, including any caps on damages or exclusions for indirect losses. Its core practical function is to allocate risk between the parties, ensuring that each understands their responsibilities and the potential financial exposure in the event of a breach or failure.
Guarantee and Liability. The guarantee conditions of the manufacturers apply to commercial goods. Unless otherwise agreed, the guarantee shall be limited to the quality of the products. The guarantee period begins on the day of invoicing. Notification of defects must be made in writing within eight working days from the invoice date and must be substantiated. As soon as a defect has been noted, immediate written notification must be made, otherwise the goods count as accepted also with respect to this defect. The claims of the purchaser invariably lapse if they are not asserted in court within 30 days of dispatch of the goods. The guarantee granted by us on our products comes into force only when the following conditions are satisfied:
a) the customer has fulfilled all his payment obligations;
b) the operating and installation directions have been observed; it is up to the customer especially to prevent harmful environmental effects. We reject any liability for damages resulting from such effects. We assume warranty for all faults occurring within the guarantee period as long as they have been shown to result from poor material or defective fabrication. The guarantee liability for electronic components such as semiconductors, semiconductor circuits and modules as well as electro-technical components lapses when they are soldered in place. Our liability is restricted, by our choice, to the replacement of defective products or parts or to reimbursement of the reduced market value of the goods as Our product specifications are based on experience, theoretical considerations or experimental results obtained in the laboratory under appropriate conditions. They are consequently not binding for us and should be checked by the customer under close-to- practice conditions. Every user or consumer of our products should check their suitability for his intended purpose before using them. He expressly accepts all risks associated with the use of the product and bears sole responsibility for any resulting damages. Defective products or constituents may be sent to us only after prior notification and with our agreement. Transport costs for products or parts that are sent to as defective shall be borne by the customer. With the defect notification we acquire the right to have the notified damage checked by an employee or expert of our choice. If the goods are not recognized by us as defective, the customer shall bear the costs for the necessary checks and examinations. Any parts to be replaced be...
Guarantee and Liability a) The licensor assures the Company that the licensor has unrestriced control of all rights on the subject of the license; that the subject of the license and the granting of the usage and exploitation right does not violate any contractual, regulatory or legal provisions or other third party rights; that the licensor has observed the code of conduct included in Annex B with respect to the subject of the license.
b) The licensor undertakes to indemnify the Company from all claims of third parties and any related defense costs arising from the fact that the foregoing assurances are incorrect.
c) The Company shall be liable without limitation for intent and gross negligence, with its liability, however, limited to breach of contractual obligations for ordinary negligence. The liability for breach of such a significant contractual obligation liability is limited to the contractually typical damage that was to be expected at the conclusion of the license agreement due to the circumstances known at that time. These limitations of liability also apply to directors, employees, other representatives and vicarious agents of the Company. The obligation to pay damages for injury to life, limb and health as well as the liability under the Product Liability Act remain unaffected by the above provisions in any case.
Guarantee and Liability. 7.1 The author guarantees that his work and its publication, including all images and text material, does not infringe upon the copyright of third parties. The author further ensures that he is solely entitled to dispose of his work in accordance with this author’s contract and that his work does not contain any data/material of third-party copyright holders and that he has not made any other agreements as to the rights which run contrary to this contract.
7.2 In this respect the author releases the publisher fully of all claims of third parties, including the full extent of costs of legal defence and/or legal pursuit. This also applies to defects of the work that the author may be responsible for.
7.3 Furthermore, the author guarantees that he holds the exploitation rights of his work and that these rights have not been transferred to any other legal or judicial person. The full text server of scientific libraries is excluded from the non-exclusive transfer of these exploitation rights. The author also guarantees that publication of his work does not conflict with any academic examination regulations or any other regulations. If the author wrote his work in cooperation with or within an organisation (e.g. as an intern, in companies, associations, institutions or the like), he has to guarantee that he alone holds permission to publish his work and is alone entitled to its commercial exploitation. In case of an unauthorised publication, the author is solely liable.
7.4 In terms of copyright law the publisher depends on the author's information. In case the work infringes upon any rights, especially the copyright of third parties due to the failure to inform, the author is solely liable.
7.5 The publisher is not responsible for the published contents and is not liable for the consequences that may arise through the publishing of illegal contents.
Guarantee and Liability. 9.1 Radio Carmarthenshire liability is hereby limited to the value of the Voucher.
9.2 Radio Carmarthenshire is not responsible for the performance of the Service Provider and does not guarantee or warrant the performance Service Provider.
9.3 Should the Customer not be satisfied with the performance of Service Provider, the Customer may direct their complaint to Radio Carmarthenshire, by contacting Radio Carmarthenshire in the manner prescribed in clause 8. Radio Carmarthenshire shall thereafter take all reasonable steps to investigate the Customer's complaint, but are not obliged to take any further steps.
Guarantee and Liability. 1. Limitation of liability in terms of grounds: The customer shall only be entitled to claims for compensation or claims for the refund of expenditure incurred in vain because of breaches of duty or if performance due from us is either not made at all or is not made in accordance with our obligations, because of delay or in the event of defects, in respect of the following:
1.1. loss arising from loss of life, physical injury or damage to health, based on a breach of duty on our part which is at least negligent or on an intentional or negligent breach of duty by one of our lawful representatives or vicarious agents,
1.2. other losses which are based on a breach of duty on our part which is at least grossly negligent or on a breach of duty, which is at least grossly negligent, by one of our lawful representatives, executives or vicarious agents or on the breach on our part, being a breach which is at least negligent, of obligations which are essential to the contract (a cardinal obligation) or on a breach of duty, being at least a negligent breach, by one of our lawful representatives, executives or vicarious agents, and
1.3. losses which come within the scope of a warranty provided by us (a guarantee under Section 276(1) of the German Civil Code) or a warranty as to qualities or useful life (Section 443 of the German Civil Code).
2. Limitation of liability in terms of quantum: Where our liability in respect of ordinary negligence and our liability in respect of grossly negligent conduct by our vicarious agents who are not lawful representatives or executives is not excluded under subclause 1, we shall only be liable in respect of the loss typically to be expected at the time when the contract is entered into and for the refund of expense incurred in vain only up to the amount of the interest in performance. In respect of loss of data or damage thereto, we shall only be liable for the cost of restoration where proper back-up copies are available.
3. Liability resulting from precontractual debt relationships and business contacts: The above subclauses shall also apply to claims by the customer for compensation arising from debt relationships which come into existence as a result of the commencement of contractual negotiations, initiating a contract or similar business contacts. If a contract comes into existence between us and the customer, the customer shall be deemed to waive claims for compensation which would not be justified under the above provisions w...
Guarantee and Liability. (1) The Licensor is not responsible for the content provided by the customer. In particular, the licensor shall not be obliged to check the content for any illegalities. If a third party brings an action against the customer for a possible copyright infringement of the contents of the licence, the customer shall in no case assert a claim against the licensor. The licensor rejects any responsibility in this area.
(2) The licensor is liable for the content created by the licensor. The licensor is also liable for the data protection and data storage. Both liabilities do not apply to content created for the licensor by a third party.
(3) The validity period of the customer's warranty claim is the license term. The licensor reserves the right to refuse all warranties after the 90-day period if outstanding invoices are not paid.
(4) The warranty expires if the customer causes damage to the license by negligence with a license with customer access. The repair of these damages will be charged to the customer according to § 7.
(5) In case of repeated negligence on the part of the customer with a license with customer access, the licensor reserves the right to block the customer access.
(6) The licensor reserves the right in case of illegal use of the license by the customer to deactivate the license without prior warning and to forward the case to the responsible authorities.
(7) If the licensor advises the customer, the licensor shall not be liable for the implementation of the advice given to the customer.
(8) In the case of licenses with customer access, the licensor assumes no liability whatsoever for the data created, collected and/or published by the customer.
Guarantee and Liability. 8.1 The customer undertakes to take all necessary measures to ensure that the services of docu tools are not impaired.
8.2 If the customer has detected or should have detected a defect (or any faults), such defect as defined by § ▇▇▇ ▇▇▇ must be reported within a reasonable period, but never exceeding 14 days. Otherwise, they can no longer assert claims for warranty, for damages due to the defect itself, or due to an error regarding the item defectiveness.
8.3 The customer shall assist docu tools free of charge in remedying defects.
8.4 Furthermore, docu tools assumes no liability for errors, malfunctions or damage resulting from improper operation, modified operating system components, interfaces and parameters, the use of unsuitable organisational means and data media where these are required, abnormal operating conditions (especially deviations from the conditions of installation and storage) or transport damage.
8.5 docu tools does not assume any warranty and liability in the event of total or partial failure of the product or delay of the customer's projects due to non-performance or defective performance of docu tools' products; this is independent of the cause of the failure or defectiveness; the same applies to restrictions due to necessary maintenance work.
8.6 docu tools is only responsible for its own services. If the customer – for whatever reason – calls in a third party (such a call in requires the prior written consent of docu tools in any case), the customer has no claims against docu tools and docu tools is indemnified and held harmless by the customer. For products which are subsequently modified by the customer's own programmers or third parties or which are intervened with (changes to the software or the necessary system settings) or in the event of application errors by the customer, any warranty and liability by docu tools shall lapse.
8.7 The customer's end devices and Internet connection are not the subject of docu tools. docu tools is not liable for damages and defects that are not within the sphere of docu tools (in particular connection errors, disturbances of public communication networks, lack of system requirements, etc). docu tools cannot exclude the possibility that data loss or other impairments may occur within the scope of the synchronisation processes, in particular due to impairments within the scope of the customer's Internet connections. docu tools is not liable in such cases, irrespective of any fault on the part of ...
Guarantee and Liability. 6.1 The Licensor guarantees the agreed characteristics and freedom of third-party rights of the contractual software. This guarantee does not apply to defects if the contractual software is used in a hardware and/software environment not authorized by the Licensor. If the licensee is an entrepreneur, the Licensor may remedy material defects through, at the Licensor’s discretion, either defect rectification or replacement delivery.
6.2 Guarantee claims based on material defects will expire within 2 years. The guarantee period lasts 1 year if the end user is not a consumer. The limitation period will commence upon the download of the software from the Internet after receipt and registration of the access data for the Licensor’s download area.
6.3 In case of intent or gross negligence, the Licensor will be unlimitedly liable for injuries to life, limb or health, under the German Product Liability Act [Produkthaftungsgesetz, ProdHaftG] and under any provided guarantee. In case of simple negligence, the Licensor will only be liable for violations of essential contractual obligations. Apart from that, the Licensor’s pre-contractual, contractual and non-contractual liability is limited to intent and gross negligence; these liability limitations also apply to culpability of the Licensor’s vicarious agents.
Guarantee and Liability. The Customer shall get the benefit of the manufacturer’s warranty in respect of all the Products. Please note that the Company does not provide any warranties in respect of the Products or any of them and we exclude any warranties express or implied by statute, common law or of any other kind. The Company is willing however to sell an additional top-up warranty to supplement the manufacturer’s warranty the terms of which are available on request.
Guarantee and Liability. 6.1 The good working of ADLIB products is dependent on the good working of the underlying System software on the underlying hardware and network systems. AIS accepts no responsibility whatever for the good working of - nor for the maintenance of - this System software, hardware or networks.
6.2 Without prejudice to the guarantee obligations contained in the Licensing Agreement, AIS expressly rules out any further liability for all indirect loss which includes but is not limited to lost profits, lost savings, loss as a result of business stagnation, corruption or loss of data, consequential loss, damage to third parties’ materials or software, unless this loss is the direct result of intent or gross negligence on the part of AIS or its direct managers.
6.3 Should AIS’s liability nonetheless be established in cases where there is no intent or gross negligence as specified in article 6.2 of this agreement, this is limited to an amount which corresponds to the charges (excluding VAT) which AIS has billed to the CLIENT during 12 months prior to the incident which caused the loss.
6.4 Contrary to articles 6.2 and 6.3 of this agreement, if the liability insurance for Companies and Professions which AIS has taken out with AEGON under policy number 312524809 provides cover, AIS’s liability is limited to the amount which the insurer pays in the case in question.
6.5 A pre-condition for the arising of any entitlement to compensation is that the CLIENT notifies the loss to AIS in writing as soon as possible after it has occurred. Any claim for compensation against AIS will lapse 12 months after the loss has been discovered.
6.6 Any entitlement to compensation will in any case lapse if the CLIENT has failed to take steps to limit the loss as soon as it has occurred or to prevent other or additional loss from occurring.