Limitation and Exclusions. The Case IH Warranty gives you specific legal rights and you may also have other rights, which vary, from region to region. The Case IH warranty remains in effect during the Warranty Period if the owner performs the required maintenance at the recommended intervals outlined in the product operator’s manual and the unit is operated within its rated capacity. Genuine Case IH service parts or Case IH approved service parts that meet Case IH specifications must be used for maintenance and repair. • Cost associated with performing pre-delivery or scheduled inspection service. • Repairs arising from storage deterioration, failure to maintain the equipment, negligence, alteration, improper use of the equipment, collision or other accident, vandalism, or other casualty, or operation beyond rated capacity or specification. • Repairs arising from abuse or neglect, including but not limited to: operation without adequate coolant or lubricants, adjustments to the fuel system outside equipment specifications, over-speeding, improper storage, starting, warm-up, or shutdown practices, incorrect fuel or contaminated fuel, oil or other fluids. • Normal maintenance services, such as engine tune-ups, engine fuel system cleaning, checks, adjustments, shimming, etc. • Replacement of non-defective wear items expected to be replaced during the warranty period, including but not limited to: light bulbs, spark plugs, ignition points, brake or clutch linings, slip clutches, belts, chains, knives, bucket cutting edges and teeth, crawler track pads and track components, crop processing and cutting components, external drive sprockets and chains, soil engaging tools and accessories. • Items replaced due to customer demand. • Labor charges performed by anyone except a dealer authorized by contract to repair the equipment, unless they qualify under special provisions (i.e.; outside labor). • Any and all travel costs for items such as towing, service calls, or transporting a unit to and from the place where the warranty service is performed, unless specifically covered by a campaign or program. • Claims involving loss or damage during shipment or handling, including units subsequently sold as a “salvage” unit.
Limitation and Exclusions. The NHAG Warranty gives you specific legal rights and you may also have other rights, which vary, from region to region.
Limitation and Exclusions. EXCEPT FOR LIABILITY ARISING OUT OF SECTION 10, A PARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, OR CUSTOMER’S PAYMENT OBLIGATIONS UNDER SECTION 6, THE PARTIES AGREE THAT A PARTY'S TOTAL AND CUMULATIVE LIABILITY TO THE OTHER PARTY FOR ANY OR ALL OF SUCH PARTY'S LOSSES OR INJURIES ARISING OUT OF OR RELATED TO THE AGREEMENT, WHETHER BASED IN CONTRACT, TORT (INCLUDING NELIGENCE), BREACH OF STATUTORY DUTY, OR ANY OTHER LEGAL OR EQUITABLE THEORY, SHALL NOT EXCEED THE AMOUNTS PAID BY CUSTOMER FOR THE SERVICES GIVING RISE TO THE CLAIM DURING THE TWELVE (12) MONTH PERIOD PRECEDING THE FIRST EVENT GIVING RISE TO LIABILITY. THE EXISTENCE OF MORE THAN ONE CLAIM SHALL NOT ENLARGE THIS CUMULATIVE LIMIT. FURTHERMORE, IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER OR ANY THIRD PARTY FOR ANY INCIDENTAL, INDIRECT, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR SPECIAL DAMAGES (INCLUDING BUT NOT LIMITED TO DAMAGES TO BUSINESS REPUTATION, LOST BUSINESS, OR LOST PROFITS), WHETHER FORESEEABLE OR NOT AND HOWEVER CAUSED, EVEN IF SUCH PARTY KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY THAT SUCH DAMAGES MIGHT ARISE, AND EVEN IF DIRECT DAMAGES DO NOT SATISFY A REMEDY.
Limitation and Exclusions. 7.1 Without affecting any other limitation in these Terms and Conditions, TMA’s maximum liability under or in connection with the Services (whether in contract or tort (including negligence) or for breach of statutory duty) is limited to the amounts of TMA’s insurances specified in Clause 6.
7.2 No action or proceedings for any breach of these Terms and Conditions may be commenced against TMA after the expiry of six years from completion of the Services.
7.3 TMA will not under any circumstances whatsoever be liable to the Client for any direct or indirect loss of profit, loss of business or anticipated saving or special, indirect or consequential damage suffered by the Client that arises under or in connection with the Services.
7.4 Except for death or personal injury TMA’s liability in respect of the following matters whether in contract or tort (including negligence) or for breach of statutory duty or otherwise is excluded:
7.4.1 asbestos;
7.4.2 construction or erection work;
7.4.3 manual work by a subconsultant or a subcontractor;
7.4.4 any liability arising out of the use of any aircraft, drones or mechanically-propelled vehicles;
7.4.5 any claim or loss which arises directly or indirectly out of any statutory, contractual or common law obligation to clean-up or remedy pollution;
7.4.6 any liability arising solely out of any land or property being identified as contaminated land under Section 78B or 78C of the Environmental Protection Act 1990, or the service of a remediation notice under regulation 20 of the Environmental Damage (Prevention and Remediation) Regulations 2009;
7.4.7 any claim in respect of pollution made by or on behalf of any governmental agency or regulatory body or agency;
7.4.8 pollution which is authorised by a valid environmental permit issued or regulated under the Environmental Permitting Regulations (England and Wales) 2010
7.4.9 fines and contractual penalties, tax liabilities or debts, aggravated, punitive or exemplary damages, and also additional damages under section 97(2) of the Copyright, Designs and Patents Act 1988 or any statutory successor to that section;
7.4.10 any claim to enforce a judgment or award against TMA from outside the Courts of England and Wales and/or English Arbitration proceedings;
7.4.11 pollution of buildings and any bodily or property injury caused by pollution;
7.4.12 any liability arising out of nuclear, war or terrorism risks;
7.4.13 any liability arising out of Services performed outside the Un...
Limitation and Exclusions. The NHCE Warranty gives you specific legal rights and you may also have other rights, which vary, from region to region.
Limitation and Exclusions. The maximum liability of an Indemnitor under this Section 13 will be subject to the provisions of Section 14. Sections 13 and 14 constitute entire liability of Anoto and its Group Companies and of LFIRC and its Group Companies and the entire remedy of Anoto and its Group Companies and of LFIRC and its Group Companies with respect to breach of representations and warranties in this Section 13 and to infringement of a third party’s Intellectual Property Rights; provided, however, that a material breach of representation or warranty in this Section 13 will be a basis for termination of this Agreement by the non-breaching Party in accordance with Section 16.2.
Limitation and Exclusions. 12.1. The client acknowledges that Zop provides a very large number of advertising services and that errors may thus occur. Zop cannot provide the Advertising Services, on an economic basis, without the benefit of a limitation of liability clause. Consequently, the client also acknowledges that such a limitation of liability clause is a material basis of this Contract, that such a limitation of liability constitutes an essential consideration of Zop's undertaking to offer the Advertising Services for the Fees agreed upon.
12.2. In the case of any error or omission in the Advertising Services, Zop's liability will be limited to the sum of the Fees due pursuant to this Contract for the Initial Term or any applicable Renewal Period for the affected Advertising Services. The client acknowledges that the present limitation of liability equally applies to any third party vendors of Zop, if applicable. The client must notify Zop of any errors or omissions in the Advertising Services within forty-five (45) days of Zop having provided the Advertising Services. Should the client not notify Zop within said notice period, the client shall forfeit all rights related to such errors or omissions.
Limitation and Exclusions. 7.4.1 The duty of the Seller and the Seller Parent to indemnify pursuant to Section 7.1(i) and Section 7.1(ii) relating to breaches of the covenants in Sections 9.1.2 and 9.1.3, in each case after first applying Section 7.3, shall (except as provided pursuant to Section 7.4.3) only apply if the total amount of all Indemnifiable Losses exceeds an aggregate amount of one million five hundred thousand Euros (1,500,000 EUR) such amount representing a triggering threshold (seuil de déclenchement) and not a deductible amount (franchise), and, once such triggering threshold has been reached, only the portion of the relevant Indemnifiable Losses in excess of five hundred thousand Euros (500,000 EUR), such amount representing a deductible amount (franchise), shall be due by the Seller and the Seller Parent to the Purchaser. Any individual Indemnifiable Loss which is less than seventy five thousand Euros (75,000 EUR) shall not be taken into account for the calculation of such triggering threshold and deductible amounts; provided that any series of Claims in relation to Indemnifiable Losses arising out of substantially identical facts or circumstances shall be aggregated for the purpose of calculating such amounts. For the avoidance of doubt, any Indemnifiable Loss paid by the Seller Parent or the Seller under the specific indemnities set forth in Section 7.2 (Specific Indemnification by the Seller and the Seller Parent) shall not be taken into account for the calculation of such triggering threshold and deductible amounts.
7.4.2 In any case, the total amount of the indemnification for Indemnifiable Losses payable by the Seller and the Seller Parent under (x) Section 7.1(i) and (y) 7.1(ii) relating to breaches of the covenants in Sections 9.1.2 and 9.1.3, shall not exceed twenty four million Euros (24,000,000 EUR).
7.4.3 It is expressly agreed that the limitations, exclusions and maximum set forth in Sections 7.4.1 and 7.4.2 shall not apply to the duty of the Seller and the Seller Parent to indemnify pursuant to (A) Section 7.1(ii) in connection with breaches of covenants other than those set forth in Sections 9.1.2 and 9.1.3, (B) Section 7.2 (Specific Indemnification by the Seller and the Seller Parent), or (C) in respect of an inaccuracy of the representations and warranties set forth in Sections 5.1 (The Seller, the Seller Parent and the Asset Sellers), 5.3 (Incorporation and Corporate Affairs), 5.4 (Share Capital and Shares) or 5.13 (Tax, Social Security and Cust...
Limitation and Exclusions. CALL-ONE® will not be liable for any delay or failure to provide the Service, at any time or from time to time, or any interruption or degradation of voice or data quality. CALL-ONE®’s aggregate liability to The Customer, any end user of The Customer or any third party for direct damages arising out of or in connection with this
Limitation and Exclusions. CrescentCX will not be liable for any delay or failure to provide the Service, at any time or from time to time, or any interruption or degradation of voice or data quality. CrescentCX aggregate liability to The Customer, any end user of The Customer or any third party for direct damages arising out of or in connection with this Agreement shall be limited to the lesser of:
(a) the actual direct damages suffered by the Customer, and
(b) the charges paid by The Customer during the previous calendar month. IN NO EVENT WILL CRESCENTCX, ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR, AND THE CUSTOMER HEREBY WAIVES THE RIGHT TO CLAIM, ANY INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, COMPENSATORY OR CONSEQUENTIAL DAMAGES, OR FOR ANY OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, WRONGFUL DEATH, PROPERTY DAMAGE, LOSS OF DATA, LOSS OF REVENUE OR PROFITS, OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THE SERVICE, INCLUDING INABILITY TO ACCESS EMERGENCY SERVICE PERSONNEL THROUGH CRESCENTCX’S 911 SERVICE OR TO OBTAIN EMERGENCY HELP. THE LIMITATIONS SET FORTH HEREIN APPLY TO CLAIMS FOUNDED IN BREACH OF CONTRACT, BREACH OF WARRANTY OR CONDITION, PRODUCT LIABILITY, TORT (INCLUDING NEGLIGENCE), INTELLECTUAL PROPERTY INFRINGEMENT, STRICT LIABILITY, AND ANY AND ALL OTHER THEORIES OF LIABILITY AND APPLY WHETHER OR NOT CRESCENTCX WAS INFORMED OF THE LIKELIHOOD OF ANY DAMAGES.
