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 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. 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.
LIABILITY AND GUARANTEE. Voilà will make every effort to ensure the proper functioning of the Voilà Service and provide the Service 24 hours a day, 7 days a week. However, Voilà only has an obligation of means regarding access and use of the Voilà Service. Voila cannot guarantee that the functions offered by the Voilà Service will always be available or free from typographical, technical or other errors, that defects will be corrected or that the Voilà Services or servers hosting it are free of viruses or bugs. Voilà is bound by an obligation of means within the framework of these General Terms and Conditions and cannot under any circumstances be responsible for any loss, harm or indirect damage of any nature whatsoever resulting from the management, use, exploitation, an interruption or malfunction of the Voila Service.
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. 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.
9.2 Without prejudice to the terms of any other indemnity in this Agreement, the Customer will indemnify SEPD against any loss or damage costs or other liabilities of whatsoever nature SEPD may incur howsoever arising from the Customer Works except where such loss or damage arises as result of the negligence of SEPD.
LIABILITY AND GUARANTEE. 1. EI is not liable for any defects, unless:
a) these defects are attributable to EI, and furthermore
b) the Client did not notice these defects prior to completion, and furthermore
c) the Client could not reasonably be expected to discover these defects at the time of completion.
2. If EI is liable by virtue of the provisions in paragraph 1, EI is only liable for the direct material damage sustained by the Client, which damage is the direct and exclusive result of intent or conscious negligence. Therefore, EI is not liable for:
a. infringement on patents, licences or any other third-party rights as a result of using information supplied by or on behalf of the Client;
b. damage or loss, by whatever cause, of the raw materials, semi finished goods, designs, tools and/or any other items made available by the Client.
c. damage as a result of an interruption or delay in the production process;
d. lost profits, missed savings, damage due to business interruption and any other form of indirect damage and/or consequential damage.
3. Without prejudice to the provisions in this Article, EI guarantees to repair the faults for which it is liable at EI’s own expense, or to limit or counteract the damage, during the period referred to in paragraph 8 [sic]. If the costs of repair are not proportionate to the interests of the Client in the case of repair instead of compensation, and in the case that the installations were not erected in the Netherlands, the Client is not entitled to demand repair, but EI will pay compensation. Any components replaced by EI will become its property. Fulfilling this guarantee obligation by EI shall be considered as sole and full compensation. The Client is not entitled to any other claims for compensation, except in the case of intent or gross negligence on the part of EI.
4. All costs exceeding the single obligation as provided for in paragraph 3, including but not limited to costs of destruction, administrative costs, compensation for customers, transport and accommodation costs, as well as costs of disassembly and assembly, are at the expense of the Client.
5. EI’s guarantee obligation will lapse if the Client uses the delivered product for a different purpose than normal business purposes or if, in EI’s opinion, another than EI has handled or maintained the delivered product in an improper manner. Not included in the guarantee are defects that occur as a result of:
a. non-observance of instructions or operational and maintenance regula...
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.
14.2 Mediport’s liability shall in any case be limited to the lowest of following amounts: - The already invoiced amounts of the current (Licence)Agreement - The amount Mediport can re-claim from their insurer.
14.3 Mediport is not liable for nor can they be held accountable for compensation of any immaterial, indirect or resulting damage, including (but not limited to) loss of profit, loss of turnover, loss of income, production limits, administration or personnel costs, an increase in general costs, loss of customers or claims by third parties.
LIABILITY AND GUARANTEE. The liability and guarantee of the contractor complies with legal regulations.
