LIMITATION OF REMEDIES AND LIABILITY. A. SM is solely responsible for all maintenance services that SM performs. HP is not liable for any damage to HP Products repaired by SM, whether in or out of warranty. In addition, HP is not responsible for the quality or punctuality of repairs made by SM.
B. HP MAKES NO WARRANTY OF ANY KIND WITH REGARD TO THE HP INFORMATION PROVIDED HEREUNDER. HP SPECIFICALLY DISCLAIMS THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
C. HP MAKES NO WARRANTY FOR PRODUCT DEFECTS RESULTING FROM: (1) IMPROPER OR INADEQUATE MAINTENANCE BY SM; (2) UNAUTHORIZED MODIFICATIONS BY SM; (3) IMPROPER SITE PREPARATION AND (4) UNAUTHORIZED MAINTENANCE OR REPAIR.
D. HP will not be liable for performance delays or for non-performance due to causes beyond its reasonable control. HP will not be liable for any damages in connection with the HP furnishing of or SM's use of HP information.
E. SM is responsible for protection of its own sensitive data and HP shall not be liable for any confidential, proprietary or personal information contained in a product SM returns to HP.
F. To the extent HP is held legally liable to SM, liability of HP is limited to:
1) Payments described in Section 8 above;
2) Damages for bodily injury;
3) Direct damages to tangible property up to a limit of U.S. $1,000,000;
4) Other direct damages for any claim based on a material breach of any term in this Agreement up to a limit of U.S. $1,000,000.
G. Notwithstanding Section 9. F. above, in no event will HP or its affiliates, subcontractors or suppliers be liable for any of the following:
1) Actual loss or direct damage that is not listed in 9. F. above;
2) Damages for loss of data, or software restoration;
3) Damages relating to SM's procurement of substitute products or services (i.e., “cost of cover"); or
4) Incidental, special or consequential damages (including downtime costs or lost profits, but excluding payments described in Section 8 above and damages for bodily injury).
H. THE REMEDIES PROVIDED HEREIN ARE SM'S SOLE AND EXCLUSIVE REMEDIES.
LIMITATION OF REMEDIES AND LIABILITY. NEEVIA TECH OR ITS SUPPLIERS OR RESELLERS SHALL NOT UNDER ANY CIRCUMSTANCE BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, LOST PROFITS OR LOST SAVINGS, OR FOR ANY CLAIM BY A THIRD PARTY, ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE, EVEN IF NEEVIA TECHNOLOLGY SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY.
LIMITATION OF REMEDIES AND LIABILITY. To the maximum extent permitted by applicable law, the remedies described below are accepted by you as your only remedies. XXXX's entire liability and your exclusive remedies shall be: If the Program does not substantially perform the functions or generally conform to the Program's specifications published by SOTI, you may within 30 days of delivery write to SOTI to report a significant defect. If SOTI is unable to correct the defect within 90 days of receiving your report, you may terminate your license and this agreement by returning the Program with the original receipt and your money will be refunded. To the maximum extent permitted by applicable law, in no event will SOTI be liable to you for any damages, including lost profits, lost savings, or other incidental or consequential damages, arising out of the use or inability to use the Program, even if SOTI or a dealer authorized by XXXX had been advised of the possibility of such damages. In any case SOTI's entire liability under any provision of this Agreement shall be limited to the amount actually paid by you for the Software. These limitations do not apply to any liabilities that cannot be excluded or limited by applicable laws.
LIMITATION OF REMEDIES AND LIABILITY. To the maximum extent permitted by applicable law, your exclusive remedy under this XXXX is to return any defective media within 30 days of delivery along with a copy of your payment receipt and Red Hat, at its option, will replace it or refund the money you paid for the media. To the maximum extent permitted under applicable law, under no circumstances will Red Hat, its affiliates, any Red Hat authorized distributor, or the licensor of any component provided to you under this XXXX be liable to you for any incidental or consequential damages, including lost profits or lost savings arising out of the use or inability to use the Programs or any component, even if Red Hat, its affiliates, an authorized distributor, and/or licensor has been advised of the possibility of such damages. In no event shall Red Hat's or its affiliates' liability, an authorized distributor's liability or the liability of the licensor of a component provided to you under this XXXX exceed the amount that you paid to Red Hat for the media under this XXXX.
LIMITATION OF REMEDIES AND LIABILITY. 9.1.1 EXCEPT AS SET FORTH HEREIN, THERE IS NO WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ANY AND ALL IMPLIED WARRANTIES ARE DISCLAIMED. THE PARTIES CONFIRM THAT THE EXPRESS REMEDIES AND MEASURES OF DAMAGES PROVIDED IN THIS AGREEMENT SATISFY THE ESSENTIAL PURPOSES HEREOF. FOR BREACH OF ANY PROVISION FOR WHICH AN EXPRESS REMEDY OR MEASURE OF DAMAGES IS PROVIDED, SUCH EXPRESS REMEDY OR MEASURE OF DAMAGES SHALL BE THE SOLE AND EXCLUSIVE REMEDY, THE OBLIGOR’S LIABILITY SHALL BE LIMITED AS SET FORTH IN SUCH PROVISION AND ALL OTHER REMEDIES OR DAMAGES AT LAW OR IN EQUITY ARE WAIVED. UNLESS EXPRESSLY HEREIN PROVIDED, NEITHER PARTY SHALL BE LIABLE FOR CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR INDIRECT DAMAGES, LOST PROFITS OR OTHER BUSINESS INTERRUPTION DAMAGES, BY STATUTE, IN TORT OR CONTRACT, UNDER ANY INDEMNITY PROVISION OR OTHERWISE; PROVIDED, HOWEVER, THAT NOTHING IN THIS SECTION 9.1 SHALL LIMIT ANY OF (I) THE THIRD PARTY INDEMNIFICATION OBLIGATIONS OF EITHER PARTY UNDER SECTION 9.2 OF THESE GENERAL TERMS AND CONDITIONS;
LIMITATION OF REMEDIES AND LIABILITY. A. THE REMEDIES PROVIDED IN THIS AGREEMENT, INCLUDING THE PROCEDURE FOR RETURN OF DEFECTIVE GOODS, ARE RESELLER'S SOLE AND EXCLUSIVE REMEDIES FOR HP PRODUCTS PURCHASED UNDER THIS AGREEMENT. HP WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON CONTRACT, TORT OR ANY OTHER LEGAL THEORY. B. The foregoing limitation of liability will not apply in the event that any HP Product sold hereunder is determined by a court of competent jurisdiction to be defective and to have directly caused bodily injury, death or property damage, provided that in no event will HP's liability for property damage exceed the greater of $50,000 or the purchase price of the specific HP Product that caused such damage.
LIMITATION OF REMEDIES AND LIABILITY. 9.1 Nothing in this Agreement shall operate to exclude or limit Ormit’s liability for:
(a) death or personal injury caused by its negligence; or
(b) any breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; or
(c) fraud; or
(d) any other liability which cannot be excluded or limited under applicable law.
9.2 Neither party shall be liable under or in connection with this Agreement or any collateral contract for any:
1. loss of revenue;
2. loss of actual or anticipated profits;
3. loss of contracts;
4. loss of the use of money;
5. loss of anticipated savings;
6. loss of business;
7. loss of opportunity;
8. loss of goodwill;
9. loss of reputation;
10. loss of, damage to or corruption of data; or
11. any indirect or consequential loss, in each case howsoever arising, whether such loss or damage was foreseeable or in the contemplation of the parties and whether arising in or caused by breach of contract, tort (including negligence), breach of statutory duty or otherwise.
9.3 Ormit expressly excludes and shall not be liable for any damage, losses or expenses incurred by the Customer as a result of:
(a) any short term technical failure resulting in the unavailability of the Services and/or the End User Data;
(b) any claims against the Customer by any End User and/or the third party in relation to the collection, processing, transfer, use or otherwise of the End User Data.
9.4 Subject to clause 9.1, Xxxxx’s aggregate liability in respect of claims based on events in any calendar year arising out of or in connection with this Agreement or any collateral contract, whether in contract or tort (including negligence) or otherwise, shall in no circumstances exceed 100% of the total Charges payable by the Customer to Ormit under this Agreement in that calendar year.
LIMITATION OF REMEDIES AND LIABILITY. IN NO EVENTWILL BUYER'S DAMAGES OR OTHER RECOVERY FROM SELLER IN ANY CAUSE OF ACTION, WHETHER BASED ON CONTRACT, TORT, OR ANY OTHER THEORY, EXCEED THE PRICE PAID BY BUYER FOR THE SPECIFIC PRODUCT AS TO WHICH THE CLAIM IS MADE. SELLER SHALL NOT BE LIABLE, AND BUYER WAIVES ALL CLAIMS AGAINST SELLER, FOR PROSPECTIVE PROFITS OR SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES BASED UPON NEGLIGENCE, BREACH OF WARRANTY, STRICT LIABILITY IN TORT OR ANY OTHER CAUSE OF ACTION. Seller's total, complete and exclusive liability hereunder shall be limited to the remedies contained in this Section 3. Seller will not be liable to Buyer for any contribution to or indemnity against all or any part of any loss, damage or injury to persons or property resulting from Buyer's handling, storage, transportation, resale or use of the Goods in manufacturing processes, or in combination with other substances, or otherwise. All technical advice, recommendations and services provided by Seller are intended for use by persons having skill, at their own risk, and Seller assumes no responsibility, and Buyer hereby waives all claims against Seller, for results obtained or damages incurred from the use of Seller's advice, recommendations or services. Buyer will indemnify and hold Seller harmless from and against all damages, costs and expenses resulting from special marking of the Product or containers in accordance with Buyer's requests, Buyer's purchase, use, marketing, manufacturing or sale of the Product or Buyer's failure to recall finished product. In the event Buyer rejects a lot pursuant to Section 9, Buyer may return to Seller, at Seller's shipping expense and risk, any Product sold by Seller to Buyer which does not conform to the Specifications, for credit or replacement, at the election of Seller within sixty (60) days of receipt. Credit for properly returned items will be given when Seller receives such Product. No such return may be made unless Buyer first receives written authorization for the return from Seller and such return is made in accordance with such authorization. Shipping costs for shipment of replacement Product by Seller back to Buyer via ground transportation shall be paid by Seller. Seller shall have no obligation to grant credit for or replace any Product sold hereunder which has been subject to misuse, mishandling, neglect, accident, abuse or has been subjected to alteration or modifications unauthorized by the Seller.
LIMITATION OF REMEDIES AND LIABILITY. If the Product is proved to be defective, the exclusive remedy, at LiveRoof Global LLC’s option, shall be to refund the purchase price of the affected LiveRoof® containers (exclusive of soil and plant material) or timely repair or replacement of affected containers (exclusive of soil, plants or installation). LiveRoof Global LLC shall not otherwise be liable for any loss or damages, whether direct, indirect, special, incidental, punitive, or consequential, regardless of the legal theory asserted, including negligence, warranty, or strict liability. LiveRoof Global LLC shall have no obligation under this warranty until all invoices for materials & services associated with the green roof system have been paid in full. If LiveRoof Global LLC shall elect to repair or replace the defective Product, or refund the purchase price, such election shall not be deemed an admission of liability. Any lawsuit or legal action against LiveRoof Global LLC with regard to product must be brought in Ottawa County, Michigan, and Michigan law shall apply to all proceedings.
LIMITATION OF REMEDIES AND LIABILITY. 7.1 Nothing in this Agreement shall operate to exclude or limit either Party’s liability for:
(a) death or personal injury caused by its negligence;
(b) fraud, fraudulent representation;
(c) any other liability which cannot be excluded or limited under Applicable Law; or
(d) breach of clause 6.5 or clause 13.
7.2 Neither Party shall be liable to the other for any loss of (i) profit, anticipated profits, revenues, anticipated savings, goodwill or business opportunity (whether a direct or indirect result of the circumstances relating to the applicable claim), or (ii) for any indirect of consequential loss or damage.
7.3 The Supplier shall not be responsible for any injury, loss, damage, cost or expense if and to the extent that it is caused by the negligence or wilful misconduct of the Customer.
7.4 Each Party agrees that all terms implied to give business efficacy to this Agreement or implied by Applicable Law including the Sale of Goods Act 1979 and the Supply of Goods and Services Act 1982, or through custom, usage or course of dealing, are excluded to the fullest extent permitted by law.
7.5 Subject to clauses 7.1, 7.2, and 7.3, the Supplier’s aggregate liability in connection with this Agreement or any collateral contract, whether in contract or tort (including negligence) or otherwise, shall not exceed the amount of the Charges paid or payable under this Agreement.
7.6 During the term of the Agreement and for a period of two (2) years thereafter, the Supplier shall at its own cost maintain in force, with a reputable insurance company, a policy or policies of insurance providing an adequate level of cover (including professional indemnity insurance, products liability insurance and public liability insurance) to cover such liability as may arise under or in connection with the Agreement, and shall, on request of the Customer, produce the insurance certificate giving details of cover and the receipt for the current year’s premium in respect of each insurance.
7.7 Each Party acknowledges that:
(a) except as expressly and specifically provided in this Agreement, the Customer assumes sole responsibility for the use of the Web Service, and the User Content. The Supplier shall have no liability for any damage caused by errors or omissions in any information contained in the User Content, or for any actions taken by the Supplier at the Customer's direction; and
(b) the Customer is wholly responsible for the Customer's interpretation and use of the Front Line U...
