Limitation of Liability and Indemnities. 13.1 Save as provided in Clauses 13.2 and 13.4, and subject to Clause 13.8, no Provider or its Affiliates or any of their respective directors, officers or employees or any of the heirs, executors, successors and or assigns of any of the foregoing (each, a “Provider Indemnified Party”) shall have any liability in contract, tort or otherwise to the Recipient or its Affiliates or Representatives for or in connection with any Services rendered or to be rendered by any Provider Indemnified Party pursuant to this Agreement, (ii) the transactions contemplated by this Agreement or (iii) any Provider Indemnified Party’s actions or inactions in connection with any such Services or
Limitation of Liability and Indemnities. 31.1. Unless otherwise specified in this Agreement, this Agreement does not limit or exclude any liability incurred as a result of fraud, wilful default or dishonesty by TD365.
Limitation of Liability and Indemnities. 16.1 Except as expressly provided in this Agreement, there are no representations or warranties, express or implied, statutory or otherwise, relating to the Product, including, without limitation, any implied warranty of merchantability or fitness for any particular purpose. The parties hereby expressly exclude the application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Law on the Sale of Goods and the Uniform Law on the Formation of Contracts for the International Sale of Goods. DISTRIBUTOR assumes all risk and liability for any loss, damage or injury resulting from the sale and use of the Product, either alone or in combination with other products.
Limitation of Liability and Indemnities. 31.1. Unless otherwise specified in this Agreement, this Agreement does not limit or exclude any liability incurred as a result of fraud, wilful default or dishonesty by FOREXCFDS.
Limitation of Liability and Indemnities. To the extent permitted by law, the Company, its servants and agents shall not be responsible for loss or damage of any kind whatsoever arising out of provision of the Services (whether caused by negligence or wilful default by the Company, its servants or agents), including but not limited to: any liability to pay Customs Duty that would not have otherwise been payable or any Government imposed Penalties; any liability concerning the making of any statement, forecast, information or giving advice in relation to the liability of the Customer to pay Customs Duty or any Goods and Services Tax; and any liability in respect of the loss, misdelivery, deterioration, nondelivery, contamination, evaporation or damage to the Goods or consequential loss arising there from however caused; any loss or depreciation in the value of the Goods, or loss of contracts or sales, attributable to delay in forwarding the goods or failure to carry out instructions of the Customer; any loss, damage, expense or additional cost arising from or in any way connected with marks or brands on weight, numbers, content, quality, description of the Goods; any loss or damage resulting from fire, water, explosion or theft; any additional charges levied for wharfage, freight, railage, cartage, quarantine, storage or other usual third party services levied and which have not been brought to the Customer’s attention; and any loss or damage attributable to a claim that the Company could for whatever reason have carried out its services more economically. In the event that the Company, its servants or agents are found to be responsible for loss or damage of any kind, the maximum liability shall be the cost or value of re-supplying the Services. Without prejudice to the Company’s rights under clause 17 above, any claim for loss or damage must be notified in writing to the Company within 7 days of delivery of the Goods, or in the case of lost goods, within 7 days of the date upon which the Goods were expected to have been delivered. In any event, the Company shall be discharged from all liability whatsoever in connection with the Services and/or the Goods unless proceedings are served on the Company within 9 months from delivery or anticipated delivery of the Goods, as the case may be. The Company acts as a mere agent of the Customer and any liability to third parties incurred during the course of providing the Services shall be the responsibility of the Customer. The Customer agrees to indemnify th...
Limitation of Liability and Indemnities. 8.1 The Licensor shall not be liable to you, your employees, agents or sub-contractors or any third party for any loss or damage of whatsoever nature and howsoever arising (including consequential, indirect, punitive, special or incidental loss or damage which shall include but shall not be limited to loss of property or loss of profit, business, goodwill, revenue or anticipated savings) or any costs, claims or demands of whatsoever nature and howsoever arising, whether out of breach of express or implied warranty, breach of contract, misrepresentation, negligence, strict liability, in delict or otherwise, whether asserted against the Licensor or against you by any third party and whether based on or in relation to this Agreement, the Licensed Software, or any services undertaken under or in connection with this Agreement or the Licensed Software, the rendering or non-rendering of such services, their withdrawal or suspension, or otherwise.
Limitation of Liability and Indemnities. 8.1 Neither we nor our nominees, agents, representatives, correspondents or attorneys shall be liable to you for any act, delay or failure to act on our part and/or the part of our nominees, agents, representatives, correspondents or attorneys, in respect of the Charged Property. In particular and without limitation to the generality of the foregoing, neither we or our nominees, agents, representatives, correspondents or attorneys shall be liable for any loss or damage howsoever arising from, through or occasioned by any of the following:
Limitation of Liability and Indemnities. 19.1 Except as expressly provided in this Agreement, there are no representations or warranties, express or implied, statutory or otherwise, relating to the subject matter of the License Grant, the RDT IP, and the Equipment, including, without limitation, any implied warranty of merchantability or fitness for any particular purpose. Licensee assumes all risk and liability for any loss, damage or injury resulting from its exercise of the License Grant.
Limitation of Liability and Indemnities. 13.1 Any and all disputes between you and a Cardholder or another person relating to the receipt, quality, price or satisfaction of goods or services furnished by you or any act or omission of you arising out of a Transaction (unless the amount of such Transaction has not been credited to your Account by us or has been charged back to you), must be handled directly by you without any liability to us.
Limitation of Liability and Indemnities. Nothing in this Agreement shall exclude or in any way limit either party’s liability for fraud, or for death or personal injury caused by its negligence. Subject to the above:
