Liability and Complaints. The Supplier's liability under this Agreement is limited to a direct loss or damage caused by Supplier's negligence. The Supplier is not responsible for (i) any indirect or consequential loss or damages (including but not limited to e.g., fall in production, loss of profit, loss caused by outage, virus hacking or third party claims, subject to the Supplier having taken reasonable security measures) or (ii) any loss of data, subject to Supplier having taken reasonable measures to avoid such loss. The Supplier's total liability towards the Customer (including liability for acts or omissions potentially caused by the Supplier's employees, representatives or subcontractors) in relation to a specific Service is limited to the price the Customer actually paid for the relevant Service under this Agreement during the past three (3) months period. Any deviation, Breach or complaint by the Customer, which in the opinion of the Customer may result in a claim for compensation towards the Supplier, shall be communicated by the Customer in writing without delay and at the earliest opportunity. Minor irregularities or deviations that the Supplier may correct within reasonable time shall not be subject to a claim. The Customer loses the right to make a claim for compensation if the complaint has not been made in writing to the Supplier without delay and at the latest within thirty days from when the Supplier performed the Service or from when the Customer became or should have become aware of the issue.
Liability and Complaints. Neither the Sub-Advisor nor its officers, directors, employees, affiliates, agents or controlling persons shall be liable to the Trust, the Fund, its shareholders and/or any other person for the acts, omissions, errors of judgment and/or mistakes of law of any other fiduciary and/or other person with respect to the Fund. Neither the Sub-Advisor nor its officers, directors, employees, affiliates, agents or controlling persons or assigns shall be liable for any act, omission, error of judgment or mistake of law (whether or not deemed a breach of this Agreement) and/or for any loss suffered by the Trust, the Fund, its shareholders and/or any other person in connection with the matters to which this Agreement relates; provided that no provision of this Agreement shall be deemed to protect the Sub-Advisor against any liability to the Trust, the Fund and/or its shareholders to which it might otherwise be subject by reason of any willful misfeasance, bad faith or gross negligence in the performance of its duties or the reckless disregard of its obligations and duties under this Agreement. The Trust, on behalf of the Fund, hereby agrees to indemnify and hold harmless the Sub-Advisor, its directors, officers, employees, affiliates, agents and controlling persons (collectively, the “Indemnified Parties”) against any and all losses, claims damages or liabilities (including reasonable attorneys fees and expenses), joint or several, relating to the Trust or the Fund, to which any such Indemnified Party may become subject under the Securities Act of 1933, as amended (the “1933 Act”), the Securities Exchange Act of 1934, the Advisers Act , or other federal or state statutory law or regulation, at common law or otherwise. It is understood, however, that nothing in this paragraph 13 shall protect any Indemnified Party against, or entitle any Indemnified Party to, indemnification against any liability to the Trust, the Fund or its shareholders to which such Indemnified Party is subject, by reason of its willful misfeasance, bad faith or gross negligence in the performance of its duties, or by reason of any reckless disregard of its obligations and duties under this Agreement. The Sub-Advisor is not responsible for supervising the Custodian Bank of the Trust. A complaint against the Sub-Advisor should be addressed to: Pictet Asset Management Ltd The Executive Board Moor House, Level 11 120 London Wall Xxxxxx, XX0X 0XX Xxxxxx Xxxxxxx Telephone: +00 00 0000 0000 Facsimile: +00...
Liability and Complaints. 5.1 The liability of EMERCE under the agreement is limited to direct damage and capped at the amount that the Client has paid to EMERCE under the agreement.
5.2 Direct damage means only the costs of repair or rectification of the incorrect performance. EMERCE is never liable for any other damage, such as consequential loss, lost profit, lost savings, damage due to business stagnation and damage due to loss of data. Any other or more extensive liability than stated in these general terms and conditions is hereby excluded.
5.3 Liability only arises if the Client gives EMERCE written notice of default and does so within thirty days after the moment that the Client reasonably should have known about the damage. In any case, liability lapses six months after the occurrence of the damage.
5.4 The Client indemnifies EMERCE against all claims of third parties as a result of the execution of the agreement, except where the claim can be attributed to a shortcoming of EMERCE itself.
Liability and Complaints. (1) The Supplier is fully liable for all direct and consequential losses, which may arise as a result of any shortcoming or wrongful act. We reserve all our statutory rights in case of defective material, workmanship, legal defects, delay in delivery and/or other instances of default by the Supplier.
(2) The Parties agree that DYWIDAG will be only required to inspect goods upon delivery for the purposes of identifying defects that can be detected by random visual checks including the delivery documents (e.g. damage in transit, wrong or incomplete deliveries). DYWIDAG’s obligation shall be subject to the inspection being feasible with reasonable effort in the ordinary course of business in each individual case.
(3) DYWIDAG’s complaints for apparent defects detected by the aforementioned random visual checks shall in any case be considered timely if the Supplier receives this notice within 10 calendar days after detection. For the avoidance of doubt, this is without prejudice to any longer complaint period in the DCC.
(4) The Supplier shall bear all inspection and rectification costs (including any removal and installation costs) even if only some of the goods or services in question are defective.
(5) If Supplier does not provide a remedy (either by repair or by replacement as determined by DYWIDAG) within a period of 3 days from the date when the defect is notified (which period may be extended, reduced or cancelled at DYWIDAG’s sole discretion and in each case), We may, at Our sole discretion, rectify the defect Ourselves and claim compensation for all related costs and/or advance payments from Supplier.
Liability and Complaints. 1. The rights described in this section apply only to Customers who are Consumers or Consumer-Professionals.
2. Sharedkube shall use its best efforts to properly perform the Services. Sharedkube is obliged to provide the Services in accordance with the Agreements, and consequently Sharedkube shall be liable for any non-conformity with the Agreement of the Services, which occurred or became apparent during the time the User used the Services in accordance with the Agreement.
3. The non-conformity of the Services with the Agreement shall be presumed to have occurred at the time indicated in section 2., if it became apparent at that time.
4. The presumption set forth in section 3. above shall not apply if:
a) the User's Digital Environment is not compatible with the technical requirements referred to the Terms and Conditions;
b) the Customer and/or the User does not perform the duty of cooperation indicated in section VIII.7.
5. The User may file a complaint related to the Services:
a) in writing to the address: Kisewa 0x, 00-000 Xxxx Xxxx Xxxxxxxx, Poland or
b) by email to the address: xxxxxxx@xxxxxxxxxx.xx
6. The complaint should contain: the User's contact details (first name, surname, correspondence or email address), the email address for which the User Account was registered, the date of Subscription, definition of the reason for the complaint and indication of what the User demands in connection with the complaint.
7. The Sharedkube shall promptly, but not later than within 14 days, consider the complaint and provide the User with a response, unless a shorter period for responding to the complaint is required by mandatory provisions of law.
8. Complaints shall be considered on the basis of the provisions of the Terms and Conditions and the provisions of the law commonly applicable in Poland.
9. If Xxxxxxxxxx does not recognize the User's complaint, and the User disagrees with such decision, the User may turn to the entity authorized to conduct proceedings for out-of-court settlement of consumer disputes, which for Sharedkube is: Trade Inspection, Voivodship Inspectorate of Trade Inspection in Gdansk, ul. Xxxxxxxxxxxx 0, 00-000 Xxxxxx, Xxxxxx, xxxxx://xxxx.xx/.
10. The User may proceed to resolve the dispute online through the platform: xxxxx://xx.xxxxxx.xx/consumers/odr/main/index.cfm?event=xxxx.xxxx0.xxxx&lng=ENG
Liability and Complaints. 1. The parties exclude liability of PACCOR Polska under a statutory warranty for defects in the scope of Agreements concluded under these GCS. PACCOR Polska shall be liable for defects in the Goods only under the terms and within the limits laid down in these GCS.
2. The Client shall be entirely liable for checking the type and quantity of the Goods received in terms of their compliance with the Agreement. If the delivery of the Goods is made through a third party (a carrier), the Client is obliged to inspect the Goods delivered, together with the person releasing the Goods on behalf of the carrier, to an extent that allows them to find any potential damage that may have been caused to the Goods during their transportation. If damage is found, the Client, together with the person releasing the Goods, as referred to in this paragraph, shall prepare a protocol specifying, in particular, the type of damage, the extent of loss of the Goods and any other circumstances, in accordance with the Carriage Act of 15 November 1984. If the case the Client, after acceptance of the Goods, identifies damage that was invisible externally during the acceptance procedure carried out in accordance with this paragraph, the Client shall demand from the carrier that the damage be evaluated within the time limit stipulated in par. 76 of the Carriage Act, and shall prove that the damage occurred between the time of acceptance of the consignment for carriage and the time of its release. The above-mentioned obligations shall encumber the Client accordingly in the case when the entity through which the Goods are delivered is not a carrier within the meaning of the Carriage Act. Provisions of Art. 545 §2 of the Civil Code shall apply. All liability for non-performance or improper performance of the obligations imposed upon the Client herein shall rest with the Client.
3. Without prejudice to the Client’s obligations referred to in section 1 above, the Client shall promptly examine the delivered Goods, however, not later than within 3 business days from the date of Goods acceptance. Notice of any defects in the Goods that are detectable during the inspection referred to above (the so-called "visible defects") or of shortage or errors in the delivery shall be promptly given to PACCOR Polska in writing and such an incident shall be recorded in the delivery documents, under pain of losing the rights of redress in this respect.
4. Notice of any defects in the Goods that are only detectable...
Liability and Complaints. 1. The liability of Emerce under the Agreement is limited to direct damage and maximized to the amount that the Client under the relevant Agreement paid to Emerce.
2. Emerce is never liable for any indirect damages, including consequential damages, lost profits, lost savings, loss due to business interruption and damage due to loss of data. Any other or further liability than that stated in these Terms and Conditions is hereby excluded.
3. Any complaints regarding the placement of advertisements in the media serve within thirty days after publication of the advertisement to be placed in writing to Emerce notified. Complaints received after this deadline will not be considered.
4. If an ad is not installed in accordance with the arrangements of the Agreement and / or is visible, the Client may - at the option of Emerce - only claim reinstatement of the Advertisement, reduce the price or payment of compensation in Credits provided that (i) the ad must not reasonably be considered to fulfill its purpose and (Ii) the remaining provisions of these terms and conditions that risks damage to the client.
Liability and Complaints. A. The Supplier is not liable for damage suffered by the other party, except and insofar as the Purchaser can demonstrate that there is intent or gross negligence on the part of the Supplier.
B. The Supplier shall in no event be liable for any consequential damages to the Purchaser.
C. Liability for damages is expressly limited to the amount paid by the insurance in the case concerned. If for any reason at all no payment is made under the insurance cover, then liability for damage is expressly limited to the net sale price or the net invoice amount of the goods.
D. The Supplier's liability is limited - subject to the above - to the provision of written advice.
