LIMITATION/EXCLUSION OF LIABILITY. 3.2.1 QFS is liable without contractual restrictions in accordance with statutory regulations:
a) in cases of willful misconduct;
b) for damages insofar as these are based on the fact that QFS has fraudulently concealed a defect;
c) for damages arising from injury to life, body or health caused by an intentional or negligent breach of duty by QFS or otherwise on the intentional or negligent conduct by a legal representative or a vicarious agent of QFS;
d) for damages other than those listed under letter c) based on intentional or grossly negligent breach of duty by QFS or otherwise on the intentional or grossly negligent conduct by a legal representative or a vicarious agent of QFS;
e) pursuant to the terms of the German Product Liability Act, the EU General Data Protection Regulation and the German Data Protection Act.
3.2.2 In cases other than those listed in 3.2.1, QFS’ liability for negligent breaches of Cardinal Duties by QFS or by a legal repre- sentative or agent of QFS shall be limited to such damage which was typical for this kind of business and foreseeable upon the execution of the Agreement. Cardinal Duties shall mean duties which enable the performance of the Agreement i.e. are precondition of the performance of the Agreement and which the Licensee may therefore rely on. Typical and foreseeable is a damage which QFS has foreseen as a potential consequence of a breach of duties or - taking into consideration the circumstances QFS was or should have been aware of - QFS should have foreseen.
3.2.3 In cases other than those listed in Section 3.2.1 and 3.2.2 the liability of QFS for negligence shall be excluded.
3.2.4 Any strict liability of QFS pursuant to Section 536a para. 1 var. 1 of the German Civil Code for defects which already exist at the time of conclusion of the Agreement shall be excluded.
3.2.5 The plea of contributory negligence (Section 254 of the German Civil Code) shall remain unaffected.
3.2.6 The foregoing provisions regarding the limitation of liability shall apply to all contractual and non-contractual claims for damages against QFS regardless of their legal grounds and accordingly to the liability of QFS to compensate futile expenses.
LIMITATION/EXCLUSION OF LIABILITY. This section along with the indemnification section should be reviewed very carefully. Often the Consignor will limit its potential liability to some amount that is unrelated to the harm that may occur from the use of the property. Or transfer all of liability to the Consignee through the indemnification requirement which may include liability for the negligent design or construction of the property. The Consignor may not be interested in modifying this language so the Consignee must determine whether the value of the property to the University outweighs the significant potential liability for accepting the property. This may not be an issue if the property poses little or no liability to the University. It is a matter of making the best decision for the University. Reasonable Risks for Exclusion/Limitation of Liability Provisions: - University’s liability limited to stated retail value of property. - Accepting liability caused by the University’s acts. - Damage due to normal wear and tear and usage. - Excluding Consignor from liability for damages caused by the University’s repair, modification, or alteration of the property. Unreasonable Risks for Exclusion/Limitation of Liability Provisions: - Assuming liability for damages caused by a product or design defect. - Agreeing to be responsible for “any and all” damages. - Consignor’s total liability limited to an amount lower than the retail value of property. - Responsibility for Consignor or another parties’ bad acts. - Forfeiting the right to make compensation claims against the Consignor.
LIMITATION/EXCLUSION OF LIABILITY. 5.1 SIERRA WIRELESS SHALL NOT BE LIABLE FOR ANY CLAIMS AGAINST THE LICENSEE BY ANY THIRD PARTY, NOR SHALL SIERRA WIRELESS BE LIABLE FOR ANY DIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING LOSS OF PROFITS, INTERRUPTION OF BUSINESS), HOWEVER CAUSED, WHETHER FOR BREACH OF WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, WHETHER OR NOT SIERRA WIRELESS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
5.2 Whole or a part of the Software shall not be used within any Life Support System without the specific prior written consent of Sierra Wireless. A “Life Support System” is a product or system intended to support or sustain life which, if it fails, can be reasonably expected to result in significant personal injury or death.
LIMITATION/EXCLUSION OF LIABILITY. (a) The BCCI shall not be liable to the Company for any loss of profit, business, revenue, goodwill or anticipated savings or for any indirect or consequential loss or damage in each case however arising out of or in connection with this Agreement, any Opening Show and/or Venue Agreement.
(b) Without prejudice to the above exclusion, the aggregate total liability of the BCCI in connection with this Agreement, any Venue and all of the Opening Show whether in contract, tort (including negligence) or otherwise shall be an amount equal to the Fee payable by the BCCI under this Agreement.
(c) Nothing in this paragraph shall seek to exclude or limit any liability, which may not be excluded or limited under the law applying to this Agreement.
LIMITATION/EXCLUSION OF LIABILITY. 11.1. We shall not be liable to the Customer, whether in contract or tort, for breach of statutory duty or otherwise arising under these Conditions of Use or otherwise in connection with its relationship with the Customer for loss of profits or anticipated savings, loss of sales or business, loss of any agreements or contracts out of this Service, loss of or damage to goodwill, or any indirect or consequential loss, even where the possibility of such loss or damage has been notified
11.2. Furthermore, we shall not be responsible for any loss suffered by you should the Services be interfered with or be unavailable by reason of
11.2.1. The failure of any of your Equipment, or
11.2.2. Any other circumstances whatsoever not within our control including, without limitation, force majeure or error, interruption, delay or non-availability of the System, terrorist or any enemy action equipment failure, loss of power, adverse weather or atmospheric conditions, and failure of any public or private telecommunications system.
11.3. We will not be liable for any losses or damage suffered by you because of or in connection with: -
11.3.1. Unavailability of sufficient funds in your M-PESA Account
11.3.2. Failure, malfunction, interruption, or unavailability of the M-PESA System and/or M-PESA service, your Equipment and the Network.
11.3.3. The money in your Account being subject to legal process or other encumbrance restricting payments or transfers thereof.
11.3.4. Your failure to give proper or complete instructions for payments or transfers relating to your M-Pesa Account.
11.3.5. any fraudulent or illegal use of the M-PESA Services, GSM Network, M-PESA System and/or your Equipment; or
11.3.6. Your failure to comply with these Conditions Of Use and any document or information provided by the PoaGas/Us concerning the use of the System and or the Services.
11.4. If for any reason other than a reason mentioned in subparagraphs 11.1 or 11.2 or 11.3, the Services are interfered with or unavailable, the PoaGas sole liability under this Agreement in respect thereof shall be to re-establish the Services as soon as reasonably practicable.
11.5. Save as provided in subparagraph 11.4 we shall not be liable to you for any interference with or unavailability of the Services, howsoever caused.
11.6. Under no circumstances we shall be liable to you for any loss of profit or anticipated savings or for any indirect or consequential loss or damage of whatever kind, howsoever caused, ar...
LIMITATION/EXCLUSION OF LIABILITY. 37.1 Neither Party shall be liable to the other for loss of profit, loss of interest, loss of reputation, loss of any other agreement / business opportunity or any other indirect or consequential loss or damage which may be suffered by the other party under or in connection with this agreement, irrespective of whether a claim for such damages is based on the agreement, negligence or otherwise.
37.2 Without prejudice to the above exclusion, the total liability of the UPCA in connection with this Agreement whether in contract, tort (including negligence) or otherwise shall not exceed the Accepted Contract Amount.
37.3 The total liability of the Service Provider in connection with this Agreement shall not exceed the Accepted Contract Amount.
LIMITATION/EXCLUSION OF LIABILITY. In respect of any claim arising for losses suffered by you as a direct consequence of any negligent performance by us, or any other claim arising out of our performance or non-performance of our services, our liability shall be limited to the amount of commission and fees which we have received for arranging your insurance cover during the 12 months prior to the claim arising. We shall not be liable to you for any economic loss, loss of profit or loss of business, whether directly or indirectly occurring, which arises out of or in connection with these Terms. Nothing in this section shall exclude or limit our liability for death or personal injury caused by our negligence, or for loss caused by our fraud, wilful misrepresentation or breach of regulatory obligations.
LIMITATION/EXCLUSION OF LIABILITY. NOTWITHSTANDING ANYTHING HEREIN, WE SHALL NOT BE LIABLE FOR NON-PERFORMANCE OR UNAVAILABILITY OF THE SERVICE IF SAME IS CAUSED OR CONTRIBUTED TO BY EQUIPMENT FAILURE OR BREAKDOWN, ACTS OF GOD, STRIKE, LABOUR DISTURBANCE, THE ACT OR OMISSION OF ANY OTHER TELECOMMUNICATIONS CARRIER OR OTHER CAUSES BEYOND OUR REASONABLE CONTROL. IF, WE INCUR ANY LIABILITY TO YOU (WHETHER DUE TO NEGLIGENCE OR OTHERWISE), ARISING OUT OF OR IN CONNECTION WITH THE SERVICE, OUR LIABILITY SHALL BE LIMITED TO THE AMOUNT OF THE PRO-RATA MONTHLY ACCESS CHARGE DURING THE PERIOD THAT THE SERVICE WAS AFFECTED OR J$500.00, WHICHEVER IS LOWER. IN NO EVENT SHALL WE BE LIABLE TO YOU OR YOUR EMPLOYEE, AGENTS, CLIENTS, OR ANY THIRD PARTY FOR:
i) ANY DELAY OR GENERAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN CONNECTION WITH, OUR FAILURE TO PERFORM UNDER THIS AGREEMENT; OR
ii) DAMAGE TO PROPERTY ARISING OUT OF OR IN CONNECTION WITH THE SERVICE OR THE INSTALLATION, REPAIR OR MAINTENANCE OF THE SYSTEM; OR
iii) LOSS OF DATA, THE CONTENT OF ANY DATA TRANSMISSION, COMMUNICATION OR MESSAGE TRANSMITTED TO OR RECEIVED BY YOUR UNIT OR DEVICE. WE MAKE NO REPRESENTATION AND GIVE NO WARRANTIES, EXCEPT TO THE EXTENT EXPRESSLY SET FORTH HEREIN.
LIMITATION/EXCLUSION OF LIABILITY. NOTWITHSTANDING ANYTHING HEREIN, WE SHALL NOT BE LIABLE FOR NON-PERFORMANCE OR UNAVAILABILITY OF THE SERVICE IF SAME IS CAUSED OR CONTRIBUTED TO BY EQUIPMENT FAILURE OR BREAKDOWN, ACTS OF GOD, STRIKE, LABOUR DISTURBANCE, THE ACT OR OMISSION OF ANY OTHER TELECOMMUNICATIONS CARRIER OR OTHER CAUSES BEYOND OUR REASONABLE CONTROL. IF, WE INCUR ANY LIABILITY TO YOU WHETHER BASED ON TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THE SERVICE, OUR LIABILITY SHALL BE LIMITED TO THE AMOUNT OF THE PRO-RATA MONTHLY ACCESS CHARGE DURING THE PERIOD THAT THE SERVICE WAS AFFECTED OR J$500.00, WHICHEVER IS LOWER. IN NO EVENT SHALL WE BE LIABLE TO YOU OR YOUR EMPLOYEE, AGENTS, CLIENTS, OR ANY THIRD PARTY FOR:
LIMITATION/EXCLUSION OF LIABILITY. To the fullest extent permitted by law, in no event will we be liable for any direct, indirect, special, incidental, punitive, exemplary or consequential damages, whether or not we have been warned of the possibility of such damages. In any event, our total aggregate liability to you, if any, will not exceed the charges paid to us by you (if any) for the particular Service in questions OR Rs. 1,000/- whichever is lower.
