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. YOUR RESPONSIBILITY (APPLICABLE FOR BUILDINGS AND/OR CONTENTS) Duty of Care 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. 15.2 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. YOUR RESPONSIBILITY (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.
Liability Claims. 8.1. It is incumbent upon the buyer to carry out an inspection of the delivery immediately after delivery.
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. 4.1 - Matson 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 Matson 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.
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.
