Liability and Warranty. 5.1 This document shall not establish a responsibility of the Contractor for the XXXX and XXXX Derivatives per se, save where permitted by the respective XXXX License. Nevertheless, the Contractor shall be liable and provide warranty services in relation to the goods or services, just as under the Main Agreement, if XXXX or XXXX-Derivatives are used.
5.2 The Contractor shall, without restriction to its duties under sec. 4 and except for the case that this is not permitted under the terms of the respective XXXX License, provide as part of its warranty obligations and at its own cost, maintenance services for the XXXX and XXXX Derivatives used, in particular for the remediation of defects. This also includes the obligation to examine the XXXX and XXXX Derivatives for potential faults prior to initial use, and continuously thereafter, and to remedy such faults, in particular if they relate to security. Such corrections shall be included in the goods or services, if the Principal grants its consent.
5.3 The Contractor shall provide integration support for the XXXX and XXXX Derivatives as requested by the Principal and in accordance with the provisions of the Main Agreement, unless not permitted under the terms of the respective XXXX License.
5.4 If the Contractor breaches an obligation described herein, he shall indemnify the Principal and its affiliated companies and the sales partners, dealers and customers of the Principal from all claims, losses and costs arising as a result and shall defend the aforementioned parties against third-party claims. The Principal may also opt to defend itself. The Contractor shall bear the costs of court and out- of-court proceedings including appropriate attorney’s fees, even if the defence relates only to an alleged claim.
Liability and Warranty. 7.1 DIP shall assume all liability for any loss of Products and/or raw materials used to manufacture Products which result from DIP’s failure to manufacture Products in accordance with Specifications, including damages directly incurred by ECOC and/or its customer(s) as a result of such failure. DIP shall have no liability for performance issues or product defects which arise with respect to the Products which are manufactured in accordance with Specifications and quality control procedures and which do not result from the failure of Products to conform to these Specifications.
7.2 Except as specifically provided in this Article VII, DIP makes no warranty of any kind, express or implied, including the warranties of merchantability and fitness for a particular purpose, other than the warranty that the Products are in accordance with the specifications recited in the applicable Addendum. IN PARTICULAR, IN NO EVENT SHALL DIP BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE, OR INABILITY TO USE, THE PRODUCTS MANUFACTURED HEREUNDER, WHETHER SUCH CLAIM ALLEGES BREACH OF WARRANTY, NEGLIGENCE OR ANY OTHER CAUSE AND WHETHER OR NOT DIP KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGE.
7.3 ECOC shall defend and indemnify DIP against any claims from third parties which allege damage, loss or injury arising out of the use of the Products, unless the damage, loss or injury is due DIP’s breach of this Agreement or the failure of DIP to manufacture Products in conformance with applicable Specifications.
7.4 DIP agrees to defend, indemnify and hold ECOC harmless from and against any and all claims, actions, demands, damages, liability, losses, fines, penalties, costs and expenses (including reasonable attorneys’ fees) to the extent relating to or arising out of (i) a breach of this Agreement by DIP, its employees, agents, representatives, or contractors; (ii) the failure of DIP to manufacture Products in conformance with Specifications; (iii) the willful misconduct of DIP, its employees, agents, representative, or contractors; or (iv) a claim alleging that the services provided by DIP infringe and/or misappropriate another’s patent, trademark, copyright, trade dress, trade secret or other intellectual property right, expect to the extent that such claims arise from allegations that the Product itself infringes the intellectual property rights of any third party.
Liability and Warranty. 5.1 Company assumes the warranty obligations and liability for its goods and services as set out in the Main Agreement even if XXXX or XXXX Derivatives are used.
5.2 Unless not permitted under the conditions of the respective XXXX License, Company shall also be responsible for monitoring and complying with the requirements of XXXX Licenses and XXXX Derivatives used, and in particular for the remediation of defects and disruptions, in accordance with the provisions of the Main Agreement without this restricting Company’s duty of continuous review.
5.3 Company shall also provide DTNA with the necessary integration support for the XXXX and XXXX Derivatives used in accordance with the provisions of the Main Agreement. This also includes the obligation to examine the XXXX and XXXX Derivatives for potential faults (particularly those relating to security) prior to initial use and continuously thereafter and to remedy such faults, and to remedy any security gaps and faults that it identifies or subsequently becomes aware of in the XXXX (particularly those relating to security) at its own cost or to include such security gaps and faults in the goods and services, providing that DTNA grants its consent.
5.4 If Company breaches an obligation arising from this Annex, it shall indemnify DTNA and its affiliates and their respective directors, officers, shareholders, employees, customers, and dealers from all claims, losses and costs arising as a result and shall defend the aforementioned parties against third- party claims. DTNA may also opt to defend itself. Company shall bear the costs of court and out-of- court proceedings, including appropriate legal fees, even for proceedings relating solely to the defense of a claim or loss.
Liability and Warranty. 7.1 Neither party shall limit or exclude its liability for death or personal injury, fraud or any other liability which it would be unlawful to exclude or limit. Subject to the foregoing the total liability that each party shall have to the other under an Order Form for all claims in each consecutive 12 month period commencing from the date of that Order Form shall not exceed the Charges paid or payable under the Order Form in that same consecutive 12 month period. None of the foregoing shall limit the liability of the Customer to pay the Charges nor limit the liability of the Customer for any breach of Clauses 3 and 8. Subject to the foregoing, neither party shall be liable to the other whether in contract, tort or otherwise (including negligence) for any indirect or consequential loss or damage whatsoever including any loss of revenues, business, contracts or anticipated savings (being savings that a party anticipated making by entering into this Contract). No warranty not expressly provided in these Terms shall apply to the provision of the Services and the Customer must satisfy itself that its systems are compatible with the Platform to access it and maintain access to it.
7.2 It is expressly understood that eConsult does not provide medical advice which is the entire and sole responsibility of the Customer and any Know How or Templates are provided “as is” and the Customer shall ensure they are suitable for the purposes that they are to be used.
Liability and Warranty. The IPI applies due diligence in selecting information sources and executing searches. However, no guarantee can be given for the accuracy and completeness of the retrieved data nor for the search results. The IPI shall only be liable in cases of gross negligence and intent. The information contained in the search report does not constitute legal advice nor is it to be understood as a recommendation for investment. For more in-depth analyses and interpretation, we recommend consulting suitably qualified persons, e. g. a patent attorney.
Liability and Warranty. 4.8.1 This clause sets out the liability of Flowbird in its entirety (including any liability for the acts or omissions of its employees, agents, consultants and subcontractors) to Customer in respect of any claims relating to (i) Flowbird’s performance of the Agreement (ii) any breach of this Agreement (iii) any use made by the Customer of the Services, or (iv) any representation, statement or act or omission (including negligence) of Flowbird arising under or in connection with this Agreement.
4.8.2 Notwithstanding any other provision of this Agreement to the contrary or rule of law or statute, in no event shall Flowbird be liable to Customer for (i) any special, indirect, incidental or consequential loss, costs, damages, charges or expenses; or (ii) loss of profits, business, contracts, business opportunities, income, or anticipated savings; or (iii) damage to reputation or (iv) loss or corruption of data or information; or (v) any degradation which occurs in relation to the network or associated software or hardware of the Customer as a result of the performance of the Services.
4.8.3 Flowbird Multi-space meters communicate through public cellular communication networks. Flowbird shall not be liable to Customer for any loss, costs, damages, charges or expenses arising from failures, defects or limitations of the cellular communication network or any product or service supplied by a third-party in connection with the cellular communication network. The cellular providers may experience capacity, interference, equipment and other problems; may make unannounced changes to their Services which impact communications; may limit, restrict or end the Services. Flowbird’s sole obligation under this Agreement in connection with the cellular communication network is to treat communications problems that impact Multi-space meters performance as a priority issue and work with the cellular provider to expeditiously resolve the problem.
4.8.4 Data is saved in accordance with current data protection and back up standards. However, complete security cannot be guaranteed. In the event of data loss or data errors, Flowbird shall not be held liable unless the data loss or data error was solely the direct result of gross negligence on the part of Flowbird.
4.8.5 Flowbird shall have no liability to Customer for malfunction of third-party systems, acts or omissions of a third-party, infiltration or disruption of Flowbird services by a third-party by any means, including with...
Liability and Warranty. Publisher's liability shall in any event be limited to the total compensation for the services provided under this agreement and shall not include any contingent liability. IN NO EVENT SHALL PUBLISHER BE LIABLE FOR ANY LOSS OF USE, REVENUES, OR ANTICIPATORY PROFIT, OR FOR ANY INDIRECT OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR CONNECTED WITH THE SALE, USE, OPERATION, OR INABILITY TO USE OF ADVERTISEMENTS.EXCEPT AS OTHERWISE PROVIDED IN THIS PARAGRAPH, PUBLISHER MAKES NO REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO ANY PRODUCTS, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ALL SUCH WARRANTIES ARE EXPRESSLY DISCLAIMED.
Liability and Warranty. 37.1 These provisions do not create any responsibility on the part of the Supplier for XXXX as such, except as permitted by the applicable XXXX License. However, the Supplier is obliged to provide warranty and is liable for the provision of the deliveries and services in accordance with the Agreement also if XXXX or XXXX Derivatives are used.
37.2 Without limitation of the Supplier’s obligations under Clause 34, and except where this is not permitted under the respective XXXX License, the Supplier assumes, within the scope of the warranty and at his own expense, also the maintenance of XXXX and XXXX Derivatives used in accordance with the Agreement, in particular the removal of defects. This also includes inspecting the XXXX and XXXX Derivatives before their use and then continuously for potential errors and their correction, especially if they are relevant to safety. The incorporation of the corrections into the deliveries or services shall take place if Xxxxxx agrees.
37.3 If the Supplier violates any obligation set forth herein, the Supplier shall indemnify and hold harmless Athlon and its affiliated companies as well as sales partners, distributors and clients from any claims, damages, losses and costs caused thereby and shall defend them against third-party claims. Xxxxxx can also assume the defense himself. The costs of judicial and extrajudicial defense, including reasonable lawyer's fees, shall be borne by the Supplier, even in the event of defense against a claim that is merely alleged.
Liability and Warranty. Each party to this agreement agrees to indemnify the other party from damage to persons or property resulting from the negligence on the part of itself, its employees, its agents, or its officers. Neither party assumes any responsibility to the other party for the consequences of any act or omission of any person, firm or corporation not a party to this agreement. The research results are preliminary in nature. Company makes no representations and extends no warranties of any kind, either expressed or implied, with regards to research results.
Liability and Warranty. The Company does not exclude or limit liability for death or personal injury arising from negligence. The Company warrants goods and services against departures from its usual standards and specifications and defects in materials and workmanship becoming apparent under normal use within twelve months of delivery provided:
i) such defects are notified to the company within 28 days of becoming apparent
ii) the Company shall not be liable for design defects, consequential loss, any excess in total claims over the contract price, technical assistance which it is not contractually bound to provide, breach of industrial property rights of which it is not aware in respect of designs provided by the customer and loss caused by delay. The express warranties herein are given in lieu of all other express or implied warranties, conditions in respect of quality, fitness and the like and guarantees, save those arising under the Sale of Goods Act 1983. If any goods or services do not comply with the above warranty, the Company will, at its reasonable option, replace the same, rectify the breach, refund the appropriate part of the price (having regard to any benefit already enjoyed in respect thereof) or take back goods. In no case shall our liability exceed the cost of the original invoice.
