LIABILITY AND GUARANTEE. The Reseller agrees that the use of the Site and Reseller Program is entirely at the Reseller’s own risk. The Site and Reseller Program is provided on an “as is” basis without warranties of any kind, either expressed or implied, constructive, or statutory, including, without limitation, any implied warranties of merchantability, non-infringement or fitness for a particular purpose. HostDime makes no guarantee of availability of service and reserves the right to change, withdraw, suspend, or discontinue any functionality or feature of the HostDime service. In no event will HostDime be liable for any damages, including, without limitation, direct, indirect, incidental, special, consequential, or punitive damages arising out of the use of or inability to use HostDime’s services or any content thereon. This disclaimer applies, without limitation, to any damages or injury, whether for breach of contract, tort, or otherwise, caused by any failure of performance; error; omission; interruption; deletion; defect; delay in operation or transmission; computer virus; file corruption; communication-line failure; network or system outage; or theft, destruction, unauthorized access to, alteration of, or use of any record.
LIABILITY AND GUARANTEE. Clients are aware of with the processes applied by Thermo-Clean Nederland BV and will supply Thermo-Clean Nederland BV with all the technical details about the goods and their pollution that they have confined to Thermo- Clean Nederland BV for treatment. In the absence of an overview of technical details, Thermo-Clean Nederland BV cannot be held responsible for damage to the processed goods, unless Thermo-Clean Nederland BV applies its own process incorrectly. Moreover, if the goods are accompanied by vague details, they can be internally blocked or even refused. In any of these cases, Thermo-Clean Nederland BV's liability for the damage suffered by the client or third parties, directly or indirectly, will merely be limited to the amount the client must pay Thermo-Clean Nederland BV for the work that has already been carried out, exclusive of any other compensation. Any other invoices due remain in force in accordance with the conditions agreed upon. Clients are aware of the processes applied by Thermo-Clean Nederland BV and therefore cannot hold the latter responsible for any problems that may occur as a result of the application of the process. Clients are responsible for any pollution caused by the items that are confined to Thermo-Clean Nederland BV for treatment. Any possible environmental harm as a result of toxic or noxious substances will be recovered from the client. All goods are entrusted to Thermo-Clean Nederland BV solely at the expense and the risk of the client. Thermo-Clean Nederland BV is not responsible for loss, theft, or damage by itself, by its employees or even by third parties. Thermo-Clean Nederland BV is not responsible for possible loss of loose components, fittings and the like, when they are not listed on the delivery form. Thermo-Clean Nederland BV can never be held liable for consequential damage that results from a treatment or for damage to objects that are entrusted to us.
LIABILITY AND GUARANTEE. DCF declares: · that it has taken cognizance of and accepted without restriction nor reserves the needs expressed and the results expected by CDISCOUNT · that it has the appropriate means and competences to be able to carry out the services concerned by the present Agreement; · that it is able to accompany the potential increased load of CDISCOUNT’s activities, in particular during the above-mentioned peaks in activity under the conditions stipulated in the present Agreement and within the limit of the maximum capacities indicated by DCF (cf. Article 4.1 above); · that it is aware of and able to meet the requirements of levels of service expected by CDISCOUNT. By mutual agreement, the Parties expressly agree that DCF’s liability will be subject to an obligation of result defined compared to the performance and quality indicators.
LIABILITY AND GUARANTEE. The ADVERTISER shall be exclusively liable for all dealings with its clients who order its products via the AFFILIATE network of AFFILINET. The ADVERTISER shall be exclusively liable for the content of the AFFILIATE PROGRAM. The ADVERTISER agrees in any event that the description and images of its AFFILIATE PROGRAM will comply with all French legislation, in particular the legislation on advertising and promotion, distance selling, literary and artistic property rights, the right of individuals to control disclosure of their name and image, and with standard practice in the profession in France. AFFILINET reserves the right to refuse all or part of an AFFILIATE PROGRAM where the content could be detrimental to its image or the image of its partners, such right being expressly acknowledged by the ADVERTISER. Any AFFILIATE PROGRAME subject to legal proceedings or a judgment of which AFFILINET has been notified by registered letter will be withdrawn no later than 24 hours after receipt of such information. AFFILINET's liability under the Contract is strictly limited to the direct losses actually sustained and proved by the ADVERTISER, excluding all heads of indirect loss such as loss of earnings or profit, loss of turnover or other such losses and, in any event, shall not exceed the value of the sums received from the ADVERTISER by AFFILINET in relation to the Contract during the six months preceding the event giving rise to the contractual damage, less the sums paid by AFFILINET to the AFFILIATES.
LIABILITY AND GUARANTEE. 9.1 The Customer shall indemnify SHEPD against any loss or damage, costs or other liabilities of whatsoever nature SHEPD may incur howsoever arising from a breach of the terms of this Agreement or any term of the Offer relating to Customer Works by the Customer or any persons operating on the Customer’s behalf or at it’s instruction including, without limitation, the provisions of Clause 5 and/or the terms of any wayleave or access or other agreement of the type referred to in Clause 3.
LIABILITY AND GUARANTEE. 14.1 Mediport is not liable with regards to the customer for serious or intentional errors committed by their employees, colleagues and/or representatives when doing their job.
LIABILITY AND GUARANTEE. 13.1. VLOW Medical will not be liable for any damage suffered by the Other Party or any third parties, unless the damage is the direct result of intent or deliberate recklessness on the part of VLOW Medical.
LIABILITY AND GUARANTEE. 9.1 The Customer shall indemnify SEPD against any loss or damage, costs or other liabilities of whatsoever nature SEPD may incur howsoever arising from a breach of the terms of this Agreement or any term of the Offer relating to Customer Works by the Customer or any persons operating on the Customer’s behalf or at it’s instruction including, without limitation, the provisions of Clause 5 and/or the terms of any wayleave or access or other agreement of the type referred to in Clause 3.
LIABILITY AND GUARANTEE for the agreement patent rights. ----------------------------------------------------------- The Licensor declares that it has the entire disposal and full ownership of the agreement patent rights and that it knows of no facts that could prejudice the legal validity of the agreement patent rights. The Licensor is in no event liable should such facts arise after the coming into force of this agreement. The Licensor does not accept any liability or guarantee for the industrial exploitability of the invention on which the agreement patent rights are bases.
LIABILITY AND GUARANTEE. The Reseller agrees that the use of the Reseller Program is entirely at the Reseller’s own risk. The Reseller Program is provided on an “as is” basis without warranties of any kind, either expressed or implied, constructive, or statutory, including, without limitation, any implied warranties of merchantability, non-infringement or fitness for a particular purpose. Express makes no guarantee of availability of service and reserves the right to change, withdraw, suspend, or discontinue any functionality or feature of the Express service. In no event will Express be liable for any damages, including, without limitation, direct, indirect, incidental, special, consequential, or punitive damages arising out of the use of or inability to use Express’s services or any content thereon. This disclaimer applies, without limitation, to any damages or injury, whether for breach of contract, tort, or otherwise, caused by any failure of performance; error; omission; interruption; deletion; defect; delay in operation or transmission; computer virus; fi le corruption; communication-line failure; network or system outage; or theft, destruction, unauthorized access to, alteration of, or use of any record.
