Common use of Limitations and Liability Clause in Contracts

Limitations and Liability. 12.1 Except as otherwise expressly set out in this Agreement, the Company provides no warranties, conditions, guarantees, undertaking or term expressed or implied, as to the condition or quality of service and all such warranties, conditions or guarantees implied by or expressly incorporated as a result of custom and practice, statute, common law or otherwise are hereby expressly excluded so far as permitted by law. The Company’s duty in performing any obligations under this Agreement is only to exercise reasonable care and skill of a reasonably competent communications provider. 12.2 Neither party excludes or limits any liability for death or personal injury. 12.3 The liability of The Company in respect of breaches of this Agreement or of any other duty to the Customer or for negligence in connection with the subject matter of this Agreement shall be limited to the value of charges for the minimum period referred to herein. 12.4 Notwithstanding anything to the contrary in this Agreement, but subject to clause 12.2, the Company shall not be liable to the Customer as expressed, implied or otherwise for loss of profits, business, revenue, data, goodwill, anticipated savings, direct or indirect consequential loss or damage. 12.5 Each party agrees that the limitations of liability contained in this clause have been agreed between the parties in the context of the other provisions of this Agreement and satisfy the requirement of reasonableness within the meaning of subsection 2(2) and Section 11 of the Unfair Contact Terms Act 1977. 12.6 If for any reason this limit is found to be unlawful or invalid by a Court of appropriate jurisdiction, the Company’s entire liability as referred to in this clause shall not exceed £1,000,000 for any one incident or series of incidents during the term of this Agreement.

Appears in 3 contracts

Samples: Maintenance Agreement, Maintenance Agreement, Maintenance Agreement

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Limitations and Liability. 12.1 Except as otherwise expressly set out in this Agreement, the Company supplier provides no warranties, conditions, guarantees, undertaking or term expressed or implied, as to the condition or quality of service and all such warranties, conditions or guarantees implied by or expressly incorporated as a result of custom and practice, statute, common law or otherwise are hereby expressly excluded so far as permitted by law. The Companysupplier’s duty in performing any obligations under this Agreement is only to exercise reasonable care and skill of a reasonably competent communications provider. 12.2 Neither party excludes or limits any liability for death or personal injury. 12.3 The liability of The Company STL in respect of breaches of this Agreement or of any other duty to the Customer or for negligence in connection with the subject matter of this Agreement shall be limited to the value of charges for the minimum period referred to herein. 12.4 Notwithstanding anything to the contrary in this Agreement, but subject to clause 12.2, the Company Supplier shall not be liable to the Customer as expressed, implied or otherwise for loss of profits, business, revenue, data, goodwill, anticipated savings, direct or indirect consequential loss or damage. 12.5 Each party agrees that the limitations of liability contained in this clause clause, have been agreed between the parties in the context of the other provisions of this Agreement and satisfy the requirement of reasonableness within the meaning of subsection 2(2) and Section 11 of the Unfair Contact Terms Act 1977. 12.6 If for any reason this limit is found to be unlawful or invalid by a Court of appropriate jurisdiction, the Company’s entire liability as referred to in this clause shall not exceed £1,000,000 (one million pounds) for any one incident or series of incidents during the term of this Agreement.

Appears in 3 contracts

Samples: Equipment Supply Agreement, Equipment Supply Agreement, Equipment Supply Agreement

Limitations and Liability. 12.1 Except as otherwise expressly set out in this Agreement, the Company supplier provides no warranties, conditions, guarantees, undertaking or term expressed or implied, as to the condition or quality of service and all such warranties, conditions or guarantees implied by or expressly incorporated as a result of custom and practice, statute, common law or otherwise are hereby expressly excluded so far as permitted by law. The Companysupplier’s duty in performing any obligations under this Agreement is only to exercise reasonable care and skill of a reasonably competent communications provider. 12.2 Neither party excludes or limits any liability for death or personal injury. 12.3 The liability of The Company the Supplier in respect of breaches of this Agreement or of any other duty to the Customer or for negligence in connection with the subject matter of this Agreement shall be limited to the value of charges for the minimum period referred to herein. 12.4 Notwithstanding anything to the contrary in this Agreement, but subject to clause 12.2, the Company Supplier shall not be liable to the Customer as expressed, implied or otherwise for loss of profits, business, revenue, data, goodwill, anticipated savings, direct or indirect consequential loss or damage. 12.5 Each party agrees that the limitations of liability contained in this clause clause, have been agreed between the parties in the context of the other provisions of this Agreement and satisfy the requirement of reasonableness within the meaning of subsection 2(2) and Section 11 of the Unfair Contact Terms Act 1977. 12.6 If for any reason this limit is found to be unlawful or invalid by a Court of appropriate jurisdiction, the Company’s entire liability as referred to in this clause shall not exceed £1,000,000 for any one incident or series of incidents during the term of this Agreement.exceed

Appears in 2 contracts

Samples: Terms and Conditions, Terms and Conditions

Limitations and Liability. 12.1 Except as otherwise expressly set out in this Agreement, the Company supplier provides no warranties, conditions, guarantees, undertaking or term expressed or implied, as to the condition or quality of service and all such warranties, conditions or guarantees implied by or expressly incorporated as a result of custom and practice, statute, common law or otherwise are hereby expressly excluded so far as permitted by law. The Companysupplier’s duty in performing any obligations under this Agreement is only to exercise reasonable care and skill of a reasonably competent communications provider. 12.2 Neither party excludes or limits any liability for death or personal injury. 12.3 The liability of The Company the Supplier in respect of breaches of this Agreement or of any other duty to the Customer or for negligence in connection with the subject matter of this Agreement shall be limited to the value of charges for the minimum period referred to herein. 12.4 Notwithstanding anything to the contrary in this Agreement, but subject to clause 12.2, the Company Supplier shall not be liable to the Customer as expressed, implied or otherwise for loss of profits, business, revenue, data, goodwill, anticipated savings, direct or indirect consequential loss or damage. 12.5 Each party agrees that the limitations of liability contained in this clause have been agreed between the parties in the context of the other provisions of this Agreement and satisfy the requirement of reasonableness within the meaning of subsection 2(2) and Section 11 of the Unfair Contact Terms Act 1977. 12.6 If for any reason this limit is found to be unlawful or invalid by a Court of appropriate jurisdiction, the CompanySupplier’s entire liability as referred to in this clause shall not exceed £1,000,000 (one million pounds) for any one incident or series of incidents during the term of this Agreement.

Appears in 2 contracts

Samples: Supply Agreement, Supply Agreement

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Limitations and Liability. 12.1 Except as otherwise expressly set out in this Agreement, the Company supplier provides no warranties, conditions, guarantees, undertaking or term expressed or implied, as to the condition or quality of service and all such warranties, conditions or guarantees implied by or expressly incorporated as a result of custom and practice, statute, common law or otherwise are hereby expressly excluded so far as permitted by law. The Companysupplier’s duty in performing any obligations under this Agreement is only to exercise reasonable care and skill of a reasonably competent communications provider. 12.2 Neither party excludes or limits any liability for death or personal injury. 12.3 The liability of The Company Incom in respect of breaches of this Agreement or of any other duty to the Customer or for negligence in connection with the subject matter of this Agreement shall be limited to the value of charges for the minimum period referred to herein. 12.4 Notwithstanding anything to the contrary in this Agreement, but subject to clause 12.2, the Company Supplier shall not be liable to the Customer as expressed, implied or otherwise for loss of profits, business, revenue, data, goodwill, anticipated savings, direct or indirect consequential loss or damage. 12.5 Each party agrees that the limitations of liability contained in this clause clause, have been agreed between the parties in the context of the other provisions of this Agreement and satisfy the requirement of reasonableness within the meaning of subsection 2(2) and Section 11 of the Unfair Contact Terms Act 1977. 12.6 If for any reason this limit is found to be unlawful or invalid by a Court of appropriate jurisdiction, the Company’s entire liability as referred to in this clause shall not exceed £1,000,000 for any one incident or series of incidents during the term of this Agreement.exceed

Appears in 1 contract

Samples: Terms and Conditions

Limitations and Liability. 12.1 Except as otherwise expressly set out in this Agreement, the Company supplier provides no warranties, conditions, guarantees, undertaking or term expressed or implied, as to the condition or quality of service and all such warranties, conditions or guarantees implied by or expressly incorporated as a result of custom and practice, statute, common law or otherwise are hereby expressly excluded so far as permitted by law. The Companysupplier’s duty in performing any obligations under this Agreement is only to exercise reasonable care and skill of a reasonably competent communications provider. 12.2 Neither party excludes or limits any liability for death or personal injury. 12.3 The liability of The Company Incom in respect of breaches of this Agreement or of any other duty to the Customer or for negligence in connection with the subject matter of this Agreement shall be limited to the value of charges for the minimum period referred to herein. 12.4 Notwithstanding anything to the contrary in this AgreementAgreement , but subject to clause 12.2, the Company Supplier shall not be liable to the Customer as expressed, implied or otherwise for loss of profits, business, revenue, data, goodwill, anticipated savings, direct or indirect consequential loss or damage. 12.5 Each party agrees that the limitations of liability contained in this clause have been agreed between the parties in the context of the other provisions of this Agreement and satisfy the requirement of reasonableness within the meaning of subsection 2(2) and Section 11 of the Unfair Contact Terms Act 1977. 12.6 If for any reason this limit is found to be unlawful or invalid by a Court of appropriate jurisdiction, the CompanySupplier’s entire liability as referred to in this clause shall not exceed £1,000,000 ( one million pounds) for any one incident or series of incidents during the term of this Agreement.

Appears in 1 contract

Samples: Maintenance Agreement

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