LIABILITY AND EXCLUSIONS. (a) Afrox shall have no liability of whatsoever nature, howsoever arising subject to this Clause 7 and Clause 16. Notwithstanding any other provision of this Agreement, but subject to Clause 7(b), Afrox shall have no liability arising out of or in connection with this Agreement, the Gas, the Afrox Equipment, the Goods or the Services, howsoever arising, for any:
(1) other loss or damage (whether direct or indirect); or
(2) loss of or damage to revenue, profits, savings, use, contracts, goodwill or business (whether direct or indirect); or
(3) consequential or indirect loss or damage. When used or referred to in this Clause 7 the term “howsoever arising” shall cover all causes and actions giving rise to liability whether in contract, delict (including negligence), restitution, for breach of statutory duty, misrepresentation or otherwise.
(b) Nothing in this Agreement limits or excludes either Party’s liability:
(1) for death or personal injury to the extent that it results from that Party’s negligence; or
(2) for fraud or fraudulent misrepresentation; or
(3) to the extent not permitted by law.
(c) Afrox accepts liability, to the extent that it results from breach of contract or Afrox’s gross negligence in connection with the performance of this Agreement, for the Customer’s proven losses, costs, expenses or damage:
(1) caused by Afrox supplying any defective Gas, Afrox Equipment or Goods up to a limit of an amount equal to Afrox’s price for the relevant Gas, Afrox Equipment or Goods, for any one incident; and
(2) arising from delay or failure by Afrox in delivery of any Gas, Afrox Equipment or Goods up to a limit of an amount equal to Afrox’s price for the Gas, Afrox Equipment or Goods that Afrox has failed to deliver or, for any one incident; and
(3) resulting from the provision of Services by Afrox in return for a specific fee up to a limit of the amount of the fee received for such Services.
(d) The provisions of Clause 7(c) shall not apply to physical damage to the Customer’s real property and Afrox accepts liability for physical damage to the Customer’s real property to the extent that it results from willful breach of contract or Afrox’s gross negligence in connection with the performance of this Agreement subject to a limit of ZAR 1,000,000 (One Million Rand) per claim or series of claims arising out of the same event or circumstances.
(e) Afrox shall not be liable for any shortage, loss, damage or discrepancy in Gas, Afrox Equipment or, Goods or fai...
LIABILITY AND EXCLUSIONS a. We are legally responsible to you if our negligence causes death or personal injury. We will not be legally responsible to you for:
b. Except for fraud or where our negligence causes death or personal injury, we will not pay more than £3000 or 150% of the charges in the previous 12 months, whichever is higher, for each claim or a series of related claims.
c. The terms of this agreement will not affect any rights which you may have under any law and which we cannot exclude under any agreement.
LIABILITY AND EXCLUSIONS a. Except as expressly provided in these Terms and Conditions and to the extent permitted by law, we exclude all liability whether in contract, tort (including liability for negligence) or otherwise for the accuracy, suitability, quality or completeness of any online content and the value and integrity of goods and services offered by third parties.
b. We shall not be liable for any indirect or consequential damages whatsoever including, without limitation, damages or losses relating to business profits, lost savings, business interruption, loss of information or data, missed opportunities, wasted expenditure or other financial loss arising out of the use of the Services, Software or Accompanying Material, and interruption of service, even if we or the other party or person has been advised of the possibility of such damages. This does not affect your right to a refund of your monthly (or other periodic) line rental charge in the circumstances described in clause 13(b) above.
c. The internet is separate from the Services and use of the internet is at your own risk and subject to any applicable laws or further terms and conditions. We have no responsibility for any goods, services, information, software or any materials you obtain using the internet.
d. Our Broadband service is available at various speeds. The actual speed you will experience is dependent on the equipment in your local BT exchange, the distance of your home from the exchange, contention on the networks we use or at the websites you are visiting, interference to your WiFi caused by other internet users locally, and a variety of other factors which are outside our control.
e. There may be occasions when we are unable to provide the Service(s), or the downstream and upstream bandwidth available to you may be reduced, because of something outside of our reasonable control. We will not be liable to you if that is the case, and if you choose to use an alternative Broadband or mobile data provider then we will not be responsible for that provider's charges.
f. In the event that a line which we have made available to you for any Service(s), whether through transfer, migration or new line installation, has an alarm or any other monitoring system attached, we will not be responsible if that monitoring system should fail due to some technical fault, failure in the line or otherwise.
g. We do not accept responsibility for any loss or damage to your software, hardware or data howsoever caused. We strong...
LIABILITY AND EXCLUSIONS. We make no representations and give no warranties of whatsoever nature to and in favour of You, whether express or implied in respect of the Facility.
LIABILITY AND EXCLUSIONS. 12.1. Except as expressly and specifically provided in this SLA:
12.1.1. the school assumes sole responsibility for results obtained from the use of the Service by the school, and for conclusions drawn from such use. The Supplier shall have no liability for any damage caused by errors or omissions in any information or instructions provided to the CPOMS Systems Limited by the school in connection with the Service, or any actions taken by CPOMS Systems Limited at the school’s direction;
12.1.2. 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 SLA; and
12.1.3. the Service is provided to the school on an "as is" basis.
LIABILITY AND EXCLUSIONS. EXCLUSION OF DAMAGES. EXCEPT FOR BREACHES OF ARTICLE 2 (MANUFACTURING) OR ARTICLE 10 (CONFIDENTIALITY), IN NO EVENT WILL EITHER PARTY BE LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, STRICT LIABILITY, NEGLIGENCE OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR LOST PROFITS, OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, EVEN IF INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES. BASIS OF BARGAIN. THE LIMITATIONS OF LIABILITY SET FORTH IN THIS ARTICLE ARE AN EXPRESS PART OF THE BARGAIN BETWEEN THE PARTIES AND THE BASIS FOR THE DETERMINATION OF THE FEES SET FORTH HEREIN.
LIABILITY AND EXCLUSIONS a) Neither we nor your satellite network provider will be liable for loss of profits or revenue, loss of use, lost business or missed opportunities, wasted expenditure or savings you might have made. There may be occasions when we are unable to provide the services because of something outside our control. We and/or your satellite network provider will not be liable to you if that is the case.
b) If you are a consumer, the terms of this Agreement will not affect any rights which you may have under any Act of Parliament and which cannot be excluded by agreement.
LIABILITY AND EXCLUSIONS. 9.1 We make no representations and give no warranties of whatsoever nature to and in favour of You, whether express or implied in respect of the Account.
LIABILITY AND EXCLUSIONS. 11.1 In the event that we are compelled to change or reassign you r telecommunication numbering to meet regulatory requirements or for any other reasons our liability may be limited to retaining your account, and where possible, transferring your Account to a new MSSIDN, failing which will be paid a Balance standing to the credit of your account in cash.
11.2 To the maximum extent permissible by law we exclude any warranties of all kinds, either express or implied.
11.3 All Dealers are independent outlets authorized by Airtel Money Tanzania to provide Airtel Money services and non-agency relationship exists between Airtel Tanzania and dealers and Airtel Tanzania accordingly bear no responsibility or liability for any default or negligence on the part of the Dealers in providing the Airtel Money services.
11.4 We are not liable for any loss which you may suffer unless it is directly caused by our negligence or by us deliberately acting wrongly. If we do not act negligently or wrongly , Airtel Money Tanzania will only be liable for the amount of the loss a normal customer in your position would have suffered and not only the loss resulting from your particular circumstances even if we know that your circumstances are unusual.
LIABILITY AND EXCLUSIONS. 8.1) If we fail to comply with these terms of use we shall be responsible to you for loss or damage that you suffer which is a direct, foreseeable consequence of us breaking these terms, or any losses or damage you suffer as a result of our failing to use reasonable care and skill in our provision of the Services.
8.2) We will not be liable for loss of profits or revenue, loss of use, lost business or missed opportunities, or for any loss or damage that is indirect and/ or was not reasonably foreseeable at the time these terms and conditions were entered into. We are only responsible for direct losses as a result of us breaching these terms and conditions. Our liability to you in relation to these terms and conditions is limited to £350.
8.3) There may be occasions when we are unable to provide the Services because of something outside of our reasonable control. We will not be liable to you if that is the case. This includes but is not limited to: network failure; services suspension dictated by the Network provider in order to carry out repairs, maintenance or updating; where required by law; or in order to protect you against any possible harm.
8.4) If you are a consumer, these terms and conditions shall not affect any rights which you may have under the Consumer Rights Act 2015 (also known as your 'statutory rights'). You may also have other rights in law.
8.5) Nothing in this agreement excludes or limits our liability in connection with death or personal injury caused by our negligence, or for fraudulent misrepresentation.
