Common use of Indemnity and liability provisions Clause in Contracts

Indemnity and liability provisions. 8.1 The Client acknowledges that the Services offered by the service Provider carry certain inherent risks. 8.2 The Service Provider shall use its best endeavours to provide the Services in a reasonable manner. 8.3 Subject to clauses 8.5 and 8.6 below, the Client hereby irrevocably indemnifies the Service Provider, its Directors and staff against any claim for damages which may be instituted against any one or more of them by the Client, and or any of his/her passengers, their estates, successors in title or third parties, arising out of or in connection with any negligent conduct of the Service Provider, its directors or employees unless such liability arises from the gross negligence of the Service Provider. 8.4 Subject to clauses 8.5 and 8.6 below the Client hereby indemnifies the Service Provider against direct damages, costs or losses incurred by the Service Provider arising out of any claim by any third party for, or in respect of, injury, death or illness affecting such third party, or any loss or damage to property of such third party caused by the negligence or wilful conduct of the Service Provider or its personnel. 8.5 Notwithstanding anything contained herein to the contrary, the Service Provider’s total liability for any and all claims (whether in contract or delict) arising out of this Agreement or the provision of the Services shall be limited to R250 000. 8.6 The Service Provider shall not be liable to the Client or any cessionary or third party claiming through or on behalf of the Client for any indirect, special or consequential damages (including loss of profits) arising out of or related to this Agreement or the Services. 8.7 The Client warrants that it has adequate insurance cover in place in respect of the Client’s vehicle and the uses thereof by third party drivers so as to include the Service Provider’s drivers notwithstanding the fact that certain of the Service Provider’s drivers are below the age of 25 (twenty five) years. 8.8 The Client hereby warrants that he/she is authorized to provide the Indemnities contained in this paragraph on behalf of all his/her passengers.

Appears in 4 contracts

Samples: Standard Terms and Conditions, Standard Terms and Conditions, Standard Terms and Conditions

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Indemnity and liability provisions. 8.1 The Client acknowledges that the Services offered by the service Provider carry certain inherent risks. 8.2 The Service Provider shall use its best endeavours to provide the Services in a reasonable manner. 8.3 Subject to clauses 8.5 and 8.6 below, the Client hereby irrevocably indemnifies the Service Provider, its Directors and staff against any claim for damages which may be instituted against any one or more of them by the Client, and or any of his/her passengers, their estates, successors in title or third parties, arising out of or in connection with any negligent conduct of the Service Provider, its directors or employees unless such liability arises from the gross negligence of the Service Provider. 8.4 Subject to clauses 8.5 and 8.6 below the Client hereby indemnifies the Service Provider against direct damages, costs or losses incurred by the Service Provider arising out of any claim by any third party for, or in respect of, injury, death or illness affecting such third party, or any loss or damage to property of such third party caused by the negligence or wilful willful conduct of the Service Provider or its personnel. 8.5 Notwithstanding anything contained herein to the contrary, the Service Provider’s total liability for any and all claims (whether in contract or delict) arising out of this Agreement or the provision of the Services shall be limited to R250 000. 8.6 The Service Provider shall not be liable to the Client or any cessionary or third party claiming through or on behalf of the Client for any indirect, special or consequential damages (including loss of profits) arising out of or related to this Agreement or the Services. 8.7 The Client warrants that it has adequate insurance cover in place in respect of the Client’s vehicle and the uses thereof by third party drivers so as to include the Service Provider’s drivers notwithstanding the fact that certain of the Service Provider’s drivers are below the age of 25 (twenty five) years. 8.8 The Client hereby warrants that he/she is authorized to provide the Indemnities contained in this paragraph on behalf of all his/her passengers.

Appears in 2 contracts

Samples: Standard Terms and Conditions, Standard Terms and Conditions

Indemnity and liability provisions. 8.1 The Client acknowledges that the Services offered by the service Provider carry certain inherent risks. 8.2 The Service Provider shall use its best endeavours endeavors to provide the Services in a reasonable manner. 8.3 Subject to clauses 8.5 and 8.6 below, the Client hereby irrevocably indemnifies the Service Provider, its Directors and staff against any claim for damages which may be instituted against any one or more of them by the Client, and or any of his/her passengers, their estates, successors in title or third parties, arising out of or in connection with any negligent conduct of the Service Provider, its directors or employees unless such liability arises from the gross negligence of the Service Provider. 8.4 Subject to clauses 8.5 and 8.6 below the Client hereby indemnifies the Service Provider against direct damages, costs or losses incurred by the Service Provider arising out of any claim by any third party for, or in respect of, injury, death or illness affecting such third party, or any loss or damage to property of such third party caused by the negligence or wilful willful conduct of the Service Provider or its personnel. 8.5 Notwithstanding anything contained herein to the contrary, the Service Provider’s total liability for any and all claims (whether in contract or delict) arising out of this Agreement or the provision of the Services shall be limited to R250 000. 8.6 The Service Provider shall not be liable to the Client or any cessionary or third party claiming through or on behalf of the Client for any indirect, special or consequential damages (including loss of profits) arising out of or related to this Agreement or the Services. 8.7 The Client warrants that it has adequate insurance cover in place in respect of the Client’s vehicle and the uses thereof by third party drivers so as to include the Service Provider’s drivers notwithstanding the fact that certain of the Service Provider’s drivers are below the age of 25 (twenty five) years. 8.8 The Client hereby warrants that he/she is authorized to provide the Indemnities contained in this paragraph on behalf of all his/her passengers.)

Appears in 1 contract

Samples: Standard Terms and Conditions

Indemnity and liability provisions. 8.1 5.1 The Client acknowledges that the Services offered by the service provider carry risks that are inherent and which the Service Provider carry certain inherent riskscannot prevent or forsee. 8.2 The Service Provider shall use its best endeavours to provide the Services in a reasonable manner. 8.3 5.2 Subject to clauses 8.5 5.5 and 8.6 5.6 below, the Client hereby irrevocably indemnifies the Service Provider, its Directors Members, managers, Directors, employees, appointees, agents and staff against any claim claims for damages which may be instituted against any one or more of them by the Client, and or any of his/her passengers, their estates, successors in title or third parties, arising out of or in connection with any negligent conduct of the Service Provider, its directors or employees any of the above mentioned persons, unless such liability arises liabilityarises from the gross negligence of the Service Provider, in which event the onus to prove gross negligence is on the Client or claimant. 8.4 5.3 Subject to clauses 8.5 5.5 and 8.6 5.6 below the Client hereby client indemnifies the Service Provider against any claims for direct damages, costs or losses incurred by the Service Provider Provider/Client arising out of any claim by any third party for, or in respect of, injury, death or illness affecting such third party, or any loss or damage to property or loss of such third party caused by the negligence or wilful conduct of the Service Provider or its personnelpropertyarising from any cause whatsoever. 8.5 Notwithstanding anything contained herein to the contrary, the Service Provider’s total liability for any and all claims (whether in contract or delict) arising out of this Agreement or the provision of the Services shall be limited to R250 000. 8.6 5.4 The Service Provider shall will not be liable to the Client client or any cessionary or third party claiming through or on behalf of the Client client for any indirect, special or consequential damages (including loss of profits) arising out of or related to this Agreement or the ServicesServices or any matter or event connected with the Agreement. 8.7 5.5 The Service Provider’s total liability for claims for which it may not legally be indemnified in terms of this agreement, whether in contract or delict or otherwise, is limited to R 100 000-00. 5.6 The Client warrants that it has adequate insurance cover in place in respect of the Client’s vehicle and the uses thereof its use by third party drivers so as to include drivers, including the Service Provider’s drivers notwithstanding the fact that certain of the Service Provider’s drivers are who may be below the age of 25 (25( twenty five) years. 8.8 5.7 The Client hereby client warrants that he/she is authorized to provide the Indemnities indemnities contained in this paragraph on behalf of all his/her passengers.

Appears in 1 contract

Samples: Standard Terms and Conditions

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Indemnity and liability provisions. 8.1 The Client acknowledges that the Services offered by the service Provider carry certain inherent risks. 8.2 The Service Provider shall use its best endeavours to provide the Services in a reasonable manner. 8.3 Subject to clauses 8.5 and 8.6 below, the Client hereby irrevocably indemnifies the Service Provider, its Directors and staff against any claim for damages which may be instituted against any one or more of them by the Client, and or any of his/her passengers, their estates, successors in title or third parties, arising out of or in connection with any negligent conduct of the Service Provider, its directors or employees unless such liability arises from the gross negligence of the Service Provider. 8.4 Subject to clauses 8.5 and 8.6 below the Client hereby indemnifies the Service Provider against direct damages, costs or losses incurred by the Service Provider arising out of any claim by any third party for, or in respect of, injury, death or illness affecting such third party, or any loss or damage to property of such third party caused by the negligence or wilful willful conduct of the Service Provider or its personnel. 8.5 Notwithstanding anything contained herein to the contrary, the Service Provider’s total liability for any and all claims (whether in contract or delict) arising out of this Agreement or the provision of the Services shall be limited to R250 000. 8.6 The Service Provider shall not be liable to the Client or any cessionary or third party claiming through or on behalf of the Client for any indirect, special or consequential damages (including loss of profits) arising out of or related to this Agreement or the Services. 8.7 The Client warrants that it has adequate insurance cover in place in respect of the Client’s vehicle and the uses thereof by third party drivers so as to include the Service Provider’s drivers notwithstanding the fact that certain of the Service Provider’s drivers are below the age of 25 (twenty five) years. 8.8 The Client hereby warrants that he/she is authorized to provide the Indemnities contained in this paragraph on behalf of all his/her passengers.)

Appears in 1 contract

Samples: Standard Terms and Conditions

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