Limits on our liability. 16.1 if you are selling the Lot in the course of a Business, we will be entitled to rely entirely upon the Description of the Lot given by you or on your behalf in any opinion or Description or Estimate we give. Our liability in respect of any Description given by us is excluded except to the extent that we fail accurately to reflect any Description of the Lot given to us by you;
16.2 without prejudice to the exclusion of liability provided for in paragraph 16.1, we will not be liable (whether in negligence, other tort, breach of contract or statutory duty or in restitution or in any other way) whether as a result of an act or an omission, whether before or after this agreement, for any lack of conformity with or inaccuracy, error or mis- description or omission in any Description of a Lot or any opinion, Entry or Estimate in respect of it (whether made in writing, including in the Catalogue, or on our Website, or orally or by conduct or otherwise) or in the setting of any Reserve or for any failure to achieve a Sale or a Sale at a higher price than was achieved, except in so far as it is caused by a breach of our duty to exercise reasonable skill and care in the performance of the obligations we have agreed to under this agreement or in the case of fraud by us or on our behalf (and we will not be liable to the extent that any breach of obligation by you has caused or contributed to it);
16.3 our duty to you while the Lot is your property and in our custody and / or control is that of bailee for reward, but we will not be responsible for damage to the Lot or to other persons or things caused by;
16.3.1 handling the Lot if it is affected by woodworm and if any damage is caused as a result of it being so affected; or
16.3.2 changes in atmospheric pressure; nor will we be liable for;
16.3.3 damage to tension stringed musical instruments; or
16.3.4 damage to gilded picture frames, plaster picture frames or to picture frame glass;
16.4 we will not be liable to you for any loss of Business, Business profits or revenue or income or for loss of Business reputation or for disruption to Business or wasted time on the part of management or staff or, if you are selling the Lot in the course of a Business, for any indirect losses or consequential damages of any kind, irrespective in any case of the nature, volume or source of the loss or damage alleged to be suffered, and irrespective of whether the said loss or damage is caused by or claimed in respect of any negligen...
Limits on our liability. All of our obligations to you relating to Services are set out in your agreement. If you wish to make any variations to this agreement or rely on any other term, you must obtain our agreement to the variation or term in writing.
Limits on our liability. 22.1 All of our obligations to you relating to Services are set out in your Agreement. This Agreement may only be varied with our express permission in writing.
22.2 Except as set out in clause 22.3:
(a) all other terms, conditions and warranties relating to Services are excluded;
(b) our and any network operator’s entire liability to you for something we do or do not do will be limited to £3,000 for one claim or a series of related claims; and
(c) we and any network operator are not liable for any loss of income, business or profits, or for any loss or corruption of data in connection with the use of Services. We and any network operator are not liable for any loss or damage that was not reasonably foreseeable when you entered into the Agreement.
22.3 Nothing in this Agreement removes or limits our liability for fraud, for death or personal injury caused by our negligence or for any liability which cannot be limited or excluded by applicable law. If you are a consumer, the terms of this Agreement will not affect your statutory rights, which cannot be excluded by this Agreement.
22.4 This clause 22 will apply even after this Agreement has ended.
Limits on our liability. You acknowledge that we will rely fraudulent with respect to the attributes for which you failed to provide completely on information and instructions you give us in providing the us information, so long as we otherwise satisfied our duty of care with CPR service to you and that we are not required to inspect any attribute respect to the other aspects of the CPR service in processing that of a check (other than those included in the relevant issue file) that is check. processed through the CPR service. As a result, you agree that, in addition to any other limitations on our liability under the agreement, we (b) As part of the CPR service,we can also make your issue will not have any liability for (a)following instructions we receive from files available to our branches to assist our tellers in cashing checks. any person we believe in good faith is one of your authorized This is referred to as "teller access." If a check presented for payment representatives or telephone representatives or (b)paying or returning over the counter in one of our branches against an account that uses any check in accordance with the terms of this these CPR terms and teller access(i)is presented before we have received and processed an conditions, including any check that (i)bears a forged or unauthorized issue file for such check or(ii)is a mismatched check, we will attempt to signature or is counterfeit or otherwise not validly issued or(ii)is altered obtain approval for payment of the mismatched check by calling one of or otherwise fraudulent with respect to an attribute that the CPR service the people you have designated as a "telephone representative"for the is designed to match. Moreover, you acknowledge that the CPR service relevant account as reflected in your CPR service profiles as they are in is not a substitute for our stop payment service and you agree not to effect at the relevant time. We will make one attempt to call each report an item as "void" if you have released the item. Finally, you telephone representative for the relevant account until we have reached understand and agree that the purpose of the CPR service is to improve one of them. Each telephone representative is authorized to instruct us reconciliation of checks and eliminate traditional stop payment to pay or return any mismatched check. If the telephone representative procedures,and not to delay the collection of funds. we contact instructs us to pay the check, then you authorize us to post, finall...
Limits on our liability. WE SHALL NOT BE RESPONSIBLE FOR YOUR ACTS OR OMISSIONS OR THOSE OF ANY OTHER PERSON, INCLUDING WITHOUT LIMITATION, ANY FEDERAL RESERVE BANK, INTERMEDIARY BANKS, OR ANY THIRD PARTY, AND NO SUCH PERSON SHALL BE DEEMED OUR AGENT. EXCEPT FOR THE ONLINE BILL PAYMENT SERVICE GUARANTEE, IN NO EVENT SHALL WE BE LIABLE FOR ANY OTHER DIRECT, INDIRECT, GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING LOST PROFITS (EVEN IF ADVISED OF THE POSSIBILITY THEREOF) ARISING IN ANY WAY OUT OF THE INSTALLATION, USE, OR MAINTENANCE OF THE EQUIPMENT, SOFTWARE, AND/OR ANY SERVICE. IF, NOT WITHSTANDING THE FOREGOING, A COURT OR ARBITRATOR IMPOSES LIABILITY UPON US OTHER THAN UNDER THE BILL PAYMENT SERVICE GUARANTEE, IN NO EVENT SHALL SUCH LIABILITY WITH RESPECT TO THE SERVICE OR ANY TRANSFER EXCEED THE GREATER OF $50 OR THE CHARGE FOR THE SERVICE IN QUESTION, AND YOU AGREE TO BE RESPONSIBLE FOR ALL OTHER AMOUNTS.
Limits on our liability. Except as specifically provided in this Agreement or where the law requires a different standard, you agree that neither MECU CREDIT UNION nor any third party service providers engaged by MECU CREDIT UNION to perform any of the Services shall be responsible for any damages, loss, property damage or bodily injury, incurred as a result of your usage or attempted usage of the Services, whether caused by the equipment, software, Internet browser providers, Internet access providers, or an agent or subcontractor of any of the foregoing. Nor shall MECU CREDIT UNION or any third party service providers engaged by MECU CREDIT UNION be responsible for any direct, indirect, special or consequential, economic or other damages arising in any way out of the installation, use or maintenance of equipment or software needed to access the Services (including any Internet browser or access software), or from the unavailability of any of the Services, or for any errors in information provided through any of the Services.
Limits on our liability. If we fail to satisfy our duty of addition, you must promptly examine each written or electronic care and you have satisfied the conditions to our liability, both as confirmation, report, periodic statement, notice or other document described above, then you agree to the maximum extent permitted by related to any services and notify us of any error, omission or other law that our liability to you will be limited to your monetary losses or discrepancy reflected in such confirmation, report, periodic statement, damages that are a direct result of that failure, up to the lesser of(i)the notice or document within 30 days (or such shorter period of time amount of the transaction to which the error, omission or other specified in the terms and conditions for the relevant service) after we discrepancy relates or(ii)the amount of the fees that you have paid us send or make it available to you. for the service in question for the six months preceding the month in which the failure occurred. You also agree to the maximum extent (b)
Limits on our liability. To the full extent permitted by law, any warranty or condition implied (or other liability put on us) under law is excluded from this Agreement. However, if it cannot lawfully be excluded, then if allowed, our liability is limited to repairing or replacing or re- servicing the Equipment or supplying equivalent equipment (whichever option we choose) at no charge to you.
Limits on our liability. 22.1 All of our obligations to you relating to Services are set out in your agreement. If you wish to make any variations to this agreement or rely on any other term, you must obtain our agreement to the variation or term in writing.
22.2 Except as set out in 22.3:
(a) all other terms, conditions and warranties relating to Services are excluded;
(b) our, our network operator’s and its MNO’s, entire liability to you for something we do or don’t do will be limited to £3,000 for one claim or a series of related claims; and
(c) we, our network operator and its MNO, are not liable for any loss of income, business or profits, or for any loss or corruption of data in connection with the use of Services. We, our network operator and its MNO, are not liable for any loss or damage that was not reasonably foreseeable when you entered into the agreement.
22.3 Nothing in this agreement removes or limits our liability for fraud, for death or personal injury caused by our negligence or for any liability which can’t be limited or excluded by applicable law. If you are a consumer, the terms of this agreement will not affect your statutory rights which you have, which cannot be excluded by this agreement. For more information on your statutory rights, contact your local authority Trading Standards Department or Citizen’s Advice Bureau.
22.4 This Section will apply even after this agreement has ended.
Limits on our liability. In the event that the above arbitration agreement is found to be unenforceable for any reason, you agree that we have no liability for anything we do or decline to do if based on a good faith belief that it is required by law or regulation. You agree that WE SHALL NOT BE LIABLE FOR PUNITIVE, INDIRECT,
