Liability Claims. You must not admit, deny, or settle a claim without Our prior written consent.
Liability Claims. You shall upon receiving any notice of any accident or claim from other parties, give Us immediate notice in writing and as soon as possible supply Us full particulars in writing. You shall send to Us immediately any writ, summons or other legal process issued or commenced against You and provide all necessary information and assistance to enable Us to settle or resist any claim or institute proceedings. You shall not without Our written consent: • admit or repudiate any claim or liability; • offer or negotiate to pay a claim. You shall use all reasonable diligence and care to keep the Premises in proper state of repair. As owner of the Private Xxxxxxxx, You shall made good as soon as possible any defect discovered and shall, in the mean time, take additional precautions to prevent injury, loss or damage. We will not be liable for any injury, loss or damage caused by You failing to remedy such defect after receiving notice from Us or from any person or public body.
Liability Claims. Should the City or the Design-Builder suffer injury or damage to person or property because of any error, omission, or act of the other party or of any of the other party’s employees, contractors, or agents or others for whose acts the other party is legally liable, claim shall be made: (1) in writing, and (2) to the other party within a reasonable time of the first observance of such injury or damage.
Liability Claims. You shall upon receiving any notice of any accident or claim from other parties, give Us immediate notice in writing and as soon as possible and supply Us full particulars in writing. You shall send to Us immediately any writ, summons or other legal process issued or commenced against You and provide all necessary information and assistance to enable Us to settle or resist any claim or institute proceedings. You shall not without Our written consent: • admit or repudiate any claim or liability; • offer or negotiate to pay a claim. (Applicable for SECTION IV – HOME REPAIRS/SERVICES AND HOME CARE) You may utilize this benefit by requesting job quotation(s) through Our partner’s website or any other service provider. Where You utilize the services of Our partner, You will need to pay the partner in full upon confirmation of a job quotation. After completion of the service, You will need to submit a copy of the bill to Us for reimbursement. Similarly, where You engage a service provider not through Our partner to provide the services or Home Care, You will need to submit a copy of the bill to Us for reimbursement. Where You opt to acquire services or repairs from Our partner’s website, You agree that the chosen service provider for any of the services or repairs covered under Home Repairs/Services and Home Care is entirely at Your discretion and We shall not be responsible for any loss or damage caused by the service provider in carrying out such services or repairs. (Applicable for All Sections)
Liability Claims. Seller guarantees that Goods are in conformity with the specifi- cations contained in Order Con- firmation. Customer shall have communicated to Seller all neces- sary information to ensure (a) the adequate elaboration of these specifications and (b) relative to the transformation and/or the final use of Goods and recogni- zes that the Seller’s obligation of conformity is fully satisfied when these specifications have been met at the time of Delivery. Any technical advice provided by Seller, before and/or during the use of Goods, whether provided verbally or in writing or by way of trials is given in good faith but without any warranty on the part of Seller. Seller’s advice shall not release Customer from his obli- gation to test Goods supplied by Seller as to their suitability for the intended processes and uses. The use and processing of Goods are undertaken solely at Customer’s risk. Undetectable defects at delivery must be notified to Seller in wri- ting within 8 days upon disco- very, by registered letter return receipt requested and/or by PEC (certified mail), but, in any event, no later than 6 months after De- livery (Customer having the obli- gation to inspect Goods thorou- ghly during the above mentioned period). The notification of defects and faults has to be supported with documents proving the claim ju- stification. Goods shall not be considered by Seller as defective when the de- fect claimed by Customer does not exceed a value of one hun- dred Euro per Seller’s delivery xx- xxxxxxx. In any event, Customer (i) must fulfill its obligation of mitigation of damages (ii) is not entitled to delay the payment of any out- standing invoices. If Goods are considered by Seller as defective, then Seller is exclusively obliged, at its sole discretion, either (i) to replace or reimburse such Goods, or (ii) if the price has not already been paid by Customer, to redu- ce such price or to cancel the said contract. Seller shall not be liable for any loss of processing expen- ses, loss of production, loss of revenue and/or any other conse- quential or special loss or damage directly or indirectly sustained by Customer or by any other person whatsoever. Seller can only be held liable for damages caused by its gross negligence or willful misconduct duly proved by Cu- stomer, and Seller’s liability will in any event be limited to 100 % of the invoiced value of the defecti- ve or damaged Goods.
Liability Claims. 4.1 Xxxxxx Logistics is not a carrier or freight forwarder and has no liability for loss or damage to the cargo or Units. Under no circumstances shall Xxxxxx Logistics be liable for (i) cargo loss or damage or other claims related to the cargo or Units, (ii) any claim arising from the negligent or willful acts of Customer, the consignee, the underlying shipper, or the underlying carriers, or their respective employees, agents or contractors, or (iii) any claim for lost profits or any other incidental, consequential or punitive damages.
4.2 Unless otherwise agreed to in a written agreement between Customer and Xxxxxx Logistics entered into prior to the date of the loss, neither Xxxxxx Logistics nor the Insurance Company shall be liable for, or required to accept, administer or present, any damage claim arising out of the Services unless: (i) notice of a potential claim is given to Xxxxxx Logistics with respect to visible or obvious damage at the time of the discovery of the damage, and in no event later than one (1) business day after such discovery, and with respect to concealed damage, no later than five (5) business days after delivery, and (ii) a detailed claim is presented to Xxxxxx Logistics in writing within eight (8) months of the delivery date (or intended delivery date) for the Services. After eight (8) months, Xxxxxx Logistics shall assign claim rights to Customer so that Customer may directly pursue claim with underlying carrier(s) and/or equipment provider(s). In instances where Customer alleges cargo damage caused by a defect in the equipment, Xxxxxx Logistics will file a formal claim for damage on behalf of the Customer against the underlying equipment provider. However, if Customer does not notify Xxxxxx Logistics within twenty four (24) hours from the time of its discovery of the alleged damage or give Matson Logistics an opportunity to arrange for an immediate in- container survey on behalf of Matson Logistics, then the underlying equipment provider shall have no liability for such damage and Matson Logistics will not present the claim for resolution.
4.3 Customer agrees to defend, indemnify and hold harmless Xxxxxx Logistics, its employees and agents, from and against any and all losses, claims, damages and liabilities, costs, expenses and fees, including attorney’s fees, however caused or arising out of, or in connection with (i) the negligence or intentional acts or omission of the Customer, consignee, or underlying shipper, where appli...
Liability Claims. Subject to the limitations set forth in Section 3.4, Operator shall manage and process any Claim against Operator or Owner, which arises out of the management, operation, repair or maintenance of the Facilities, or arises out of or is incidental to the activities carried on or work performed, required or contemplated by this Agreement (each, a “Liability Claim”) in accordance with Section 10.1.3.
Liability Claims. 8.1. It is incumbent upon the buyer to carry out an inspection of the delivery immediately after delivery.
8.2. If the buyer wishes to complain regarding any defects, a written claim must be submitted without undue delay after the defect has been identified or should have been identified. Hereafter, the right to complain regarding such defects will be forfeited and the delivery will be deemed to have been approved.
8.3. In all cases, JS Proputec's liability for defects will expire 12 months after delivery. The limitation period is not extended as a result of replacement of defective parts of the delivery with new parts/components.
8.4. JS Proputec’s liability lapses in the following cases: - Lack of maintenance of the delivery - Use of the delivery contrary to given instructions - Repair of the delivery has been performed by a party other than the workshops/installers approved by JS Proputec - Incorrect and/or inappropriate use of the delivery - Changes and/or technical interventions on the delivery made without JS Proputec's prior written consent - Use of non-original spare parts and/or accessories on the delivery
8.5. JS Proputec's liability for defects does not include: - Products/deliveries provided by the buyer or a third party - Wear parts and consumables
8.6. In the event of the timely identification of a defect in a delivery, JS Proputec undertakes to rectify the defect either by repair, re- delivery or replacement at JS Proputec's discretion. The buyer is obliged to respect and recognise JS Proputec's right to perform repairs and JS Proputec's choice of the manner of remediation. The right to perform repairs applies to deliveries that are demonstrated to be defective at the time of delivery due to errors in fabrication, design or materials.
8.7. Defective deliveries or parts thereof to be replaced must be made available to JS Proputec. Unless otherwise agreed, disassembly, all transportation and assembly of defective, repaired and replaced equipment will occur at the buyer's expense and risk, and any consequential damages in connection with the remediation is also at the buyer's risk.
8.8. In all cases, JS Proputec’s liability will be invalidated by the buyer's resale of the delivery or parts thereof, as well as by the buyer's manipulation or incorporation of the delivery.
8.9. The buyer may claim damages for those parts of a defective delivery that are not manufactured by JS Proputec. Such compensation, however, is restricted to the compensation ...
Liability Claims. 9.1 If, apart from this clause 9 any warranty, condition or guarantee would be implied whether by law, custom or otherwise, that warranty, condition and guarantee is, to the full extent permitted by law, hereby excluded.
9.2 Neither party nor its directors, employees and consultants, will be liable under the law of contract, tort or otherwise for any indirect or consequential economic loss, suffered by the other party, other than a liability to the Company, for its direct losses. Consultant will only be liable for any direct losses sustained by Company in relation to this Agreement up to the total amount paid by Company to Consultant for the Services.
9.3 Notwithstanding, and without limiting the provisions of this clause 9 Company, acknowledges and agrees that no Service Personnel, agents, officers or employees of Consultant will have any separate or individual liability to the Company.
9.4 Consultant (and its directors, employees, consultants or agents), shall be deemed to have been discharged from all liability whatsoever in respect to the Services, whether under the law of contract, tort or otherwise, at the expiration of three (3) calendar years from the completion of the Services, unless otherwise provided for in any accompanying documents. Company and persons claiming through or under the Company shall not be entitled to commence any action or claim whatsoever against Consultant (and its directors, employees and consultants), in respect of the Services after that date. For the purposes of this clause, Consultant contracts on its own behalf and on behalf of its directors, employees, consultants and agents.
Liability Claims. Each party is solely responsible for the alleged acts and omissions of its own officers, employees, officials, agents, and representatives. To the extent permitted by law, Princeton or its insurer must defend, indemnify, and hold Milaca harmless for any claims that are made against Milaca based on any omissions or actions alleged to have been taken by the Native American Indian Liaison. To the extent permitted by law, Milaca or its insurer must defend, indemnify, and hold Princeton harmless for any claims that are made by the Native American Indian Liaison or any other person based on any alleged omissions or actions alleged to have been taken by any employee of Milaca.
