Common use of No Warranty Clause in Contracts

No Warranty. (a) Deswik takes commercial steps to provide the Services so as to meet the Customer's requirements and ensure the Software and any Releases are error free. However, Deswik makes no representation and gives no warranty that: (i) the Services, Software and any Releases will be error free, meet the Customer's requirements or be fit for any particular purpose; or (ii) the Services will be performed within any particular time. (b) Under no circumstances will Deswik be liable for any incidental, special, indirect, direct or consequential damages or loss of profits, interruption of business, loss of business opportunity or goodwill, any claims for indirect, special or punitive damages, third party claims or any indirect or consequential losses or related expenses which may arise from installation or use of the Software, including but not limited to those resulting from defects in the Software, or loss or inaccuracy of data of any kind and whether or not Deswik has any notice of the possibility of such damages. (c) If Deswik breaches any provision of this agreement, Deswik’s sole and exclusive maximum liability, whether based in contract, tort, or otherwise, will not in any event exceed the lesser in value of: (i) the total price paid for the Services during the twelve month period immediately prior to the event of causation; (ii) re-performing the Services; or (iii) re-performance of the Services by a third party reasonably acceptable to Deswik. (d) The Customer agrees that the Customer must commence any action arising out of or related to this Agreement and the Services or the Customer's use of the Software or other Services within one (1) year of the loss or damage arising. After that time the Customer agrees that any cause of action will be permanently barred. (e) Nothing in this Agreement is intended or will be construed as excluding or modifying any statutory rights, warranties or conditions which are applicable to this Agreement or the Software and which by virtue of any legislation may not be modified or excluded. Each party will on the Commencement Date and from time to time if a nominated representative is replaced, advise the other party of the name and contact details of their nominated representative to: (a) facilitate communication between the parties and facilitate the provision of the Services; (b) provide any information required by a party in respect to the Services; (c) deal with any issues which arise in respect to the Services or this Agreement; and

No Warranty. (a) Deswik takes commercial steps to provide the Services so as to meet the Customer's requirements and ensure the Software and any Releases are error free. However, Deswik makes no representation and gives no warranty that: (i) the Services, Software and any Releases will be error free, meet the Customer's requirements or be fit for any particular purpose; or (ii) the Services will be performed within any particular time. (b) Under no circumstances will Deswik be liable for any incidental, special, indirect, direct or consequential damages or loss of profits, interruption of business, loss of business opportunity or goodwill, any claims for indirect, special or punitive damages, third party claims or any indirect or consequential losses or related expenses which may arise from installation or use of the Software, including but not limited to those resulting from defects in the Software, or loss or inaccuracy of data of any kind and whether or not Deswik has any notice of the possibility of such damages. (c) If Deswik breaches any provision of this agreement, Deswik’s sole and exclusive maximum liability, whether based in contract, tort, or otherwise, will not in any event exceed the lesser in value of: (i) the total price paid for the Services during the twelve month period immediately prior to the event of causation; (ii) re-performing the Services; or (iii) re-performance of the Services by a third party reasonably acceptable to Deswik. (d) The Customer agrees that the Customer must commence any action arising out of or related to this Agreement and the Services or the Customer's use of the Software or other Services within one (1) year of the loss or damage arising. After that time the Customer agrees that any cause of action will be permanently barred. (e) Nothing in this Agreement is intended or will be construed as excluding or modifying any statutory rights, warranties or conditions which are applicable to this Agreement or the Software and which by virtue of any legislation (including the Competition and Consumer Act 2010) may not be modified or excluded. Each party will on the Commencement Date and from time to time if a nominated representative is replaced, advise the other party of the name and contact details of their nominated representative to: (a) facilitate communication between the parties and facilitate the provision of the Services; (b) provide any information required by a party in respect to the Services; (c) deal with any issues which arise in respect to the Services or this Agreement; and

No Warranty. (a) Deswik takes commercial steps to provide the Services so as to meet the Customer's requirements and ensure the Software and any Releases are error free. However, Deswik Xxxxxx makes no representation and gives no warranty that: (i) the Services, Software and any Releases will be error free, meet the Customer's requirements or be fit for any particular purpose; or (ii) the Services will be performed within any particular time. (b) Under no circumstances will Deswik be liable for any incidental, special, indirect, direct or consequential damages or loss of profits, interruption of business, loss of business opportunity or goodwill, any claims for indirect, special or punitive damages, third party claims or any indirect or consequential losses or related expenses which may arise from installation or use of the Software, including but not limited to those resulting from defects in the Software, or loss or inaccuracy of data of any kind and whether or not Deswik has any notice of the possibility of such damages. (c) If Deswik breaches any provision of this agreement, DeswikXxxxxx’s sole and exclusive maximum liability, whether based in contract, tort, or otherwise, will not in any event exceed the lesser in value of: (i) the total price paid for the Services during the twelve month period immediately prior to the event of causation; (ii) re-performing the Services; or (iii) re-performance of the Services by a third party reasonably acceptable to DeswikXxxxxx. (d) The Customer agrees that the Customer must commence any action arising out of or related to this Agreement and the Services or the Customer's use of the Software or other Services within one (1) year of the loss or damage arising. After that time the Customer agrees that any cause of action will be permanently barred. (e) Nothing in this Agreement is intended or will be construed as excluding or modifying any statutory rights, warranties or conditions which are applicable to this Agreement or the Software and which by virtue of any legislation may not be modified or excluded. Each party will on the Commencement Date and from time to time if a nominated representative is replaced, advise the other party of the name and contact details of their nominated representative to: (a) facilitate communication between the parties and facilitate the provision of the Services; (b) provide any information required by a party in respect to the Services; (c) deal with any issues which arise in respect to the Services or this Agreement; and

No Warranty. (a) Deswik takes commercial steps to provide the Services so as to meet the Customer's requirements and ensure the Software and any Releases are error free. However, Deswik makes no representation and gives no warranty that: (i) the Services, Software and any Releases will be error free, meet the Customer's requirements or be fit for any particular purpose; or (ii) the Services will be performed within any particular time. (b) Under no circumstances will Deswik be liable for any incidental, special, indirect, direct or consequential damages or loss of profits, interruption of business, loss of business opportunity or goodwill, any claims for indirect, special or punitive damages, third party claims or any indirect or consequential losses or related expenses which may arise from installation or use of the Software, including but not limited to those resulting from defects in the Software, or loss or inaccuracy of data of any kind and whether or not Deswik has any notice of the possibility of such damages. (c) If Deswik breaches any provision of this agreement, Deswik’s sole and exclusive maximum liability, whether based in contract, tort, or otherwise, will not in any event exceed the lesser in value of: (i) the total price paid for the Services during the twelve month period immediately prior to the event of causation; (ii) re-performing the Services; or (iii) re-performance of the Services by a third party reasonably acceptable to Deswik. (d) The Customer agrees that the Customer must commence any action arising out of or related to this Agreement and the Services or the Customer's use of the Software or other Services within one (1) year of the loss or damage arising. After that time the Customer agrees that any cause of action will be permanently barred. (e) Nothing in this Agreement is intended or will be construed as excluding or modifying any statutory rights, warranties or conditions which are applicable to this Agreement or the Software and which by virtue of any legislation may not be modified or excluded. Each party will on the Commencement Date and from time to time if a nominated representative is replaced, advise the other party of the name and contact details of their nominated representative to: (a) facilitate communication between the parties and facilitate the provision of the Services; (b) provide any information required by a party in respect to the Services; (c) deal with any issues which arise in respect to the Services or this Agreement; and.

No Warranty. (a) Deswik takes commercial steps to provide the Services so as to meet the Customer's requirements and ensure the Software and any Releases are error free. However, Deswik Xxxxxx makes no representation and gives no warranty that: (i) the Services, Software and any Releases will be error free, meet the Customer's requirements or be fit for any particular purpose; or (ii) the Services will be performed within any particular time. (b) Under no circumstances will Deswik be liable for any incidental, special, indirect, direct or consequential damages or loss of profits, interruption of business, loss of business opportunity or goodwill, any claims for indirect, special or punitive damages, third party claims or any indirect or consequential losses or related expenses which may arise from installation or use of the Software, including but not limited to those resulting from defects in the Software, or loss or inaccuracy of data of any kind and whether or not Deswik has any notice of the possibility of such damages. (c) If Deswik breaches any provision of this agreement, DeswikXxxxxx’s sole and exclusive maximum liability, whether based in contract, tort, or otherwise, will not in any event exceed the lesser in value of: (i) the total price paid for the Services during the twelve month period immediately prior to the event of causation; (ii) re-performing the Services; or (iii) re-performance of the Services by a third party reasonably acceptable to DeswikXxxxxx. (d) The Customer agrees that the Customer must commence any action arising out of or related to this Agreement and the Services or the Customer's use of the Software or other Services within one (1) year of the loss or damage arising. After that time the Customer agrees that any cause of action will be permanently barred. (e) Nothing in this Agreement is intended or will be construed as excluding or modifying any statutory rights, warranties or conditions which are applicable to this Agreement or the Software and which by virtue of any legislation (including the Competition and Consumer Act 2010) may not be modified or excluded. Each party will on the Commencement Date and from time to time if a nominated representative is replaced, advise the other party of the name and contact details of their nominated representative to: (a) facilitate communication between the parties and facilitate the provision of the Services; (b) provide any information required by a party in respect to the Services; (c) deal with any issues which arise in respect to the Services or this Agreement; and

No Warranty. (a) Deswik Loadscan takes commercial steps to provide the Services so as to meet the Customer's requirements and ensure the Software and any Releases are error free. However, Deswik Loadscan makes no representation and gives no warranty that: (i) the Services, Software and any Releases will be error free, meet the Customer's requirements or be fit for any particular purpose; or (ii) the Services will be performed within any particular time. (b) Under no circumstances will Deswik Loadscan be liable for any incidental, special, indirect, direct or consequential damages or loss of profits, interruption of business, loss of business opportunity or goodwill, any claims for indirect, special or punitive damages, third party claims or any indirect or consequential losses or related expenses which may arise from installation or use of the Software, including but not limited to those resulting from defects in the Software, or loss or inaccuracy of data of any kind and whether or not Deswik Loadscan has any notice of the possibility of such damages. (c) If Deswik Loadscan breaches any provision of this agreement, DeswikLoadscan’s sole and exclusive maximum liability, whether based in contract, tort, or otherwise, will not in any event exceed the lesser in value of: (i) the total price paid for the Services during the twelve twelve-month period immediately prior to the event of causation; (ii) re-performing the Services; or (iii) re-performance of the Services by a third party reasonably acceptable to DeswikLoadscan. (d) The Customer agrees that the Customer must commence any action arising out of or related to this Agreement and the Services or the Customer's use of the Software or other Services within one (1) year of the loss or damage arising. After that time the Customer agrees that any cause of action will be permanently barred. (e) Nothing in this Agreement is intended or will be construed as excluding or modifying any statutory rights, warranties or conditions which are applicable This No Warranty clause 12.I does not apply to this Agreement or the Software and which by virtue of any legislation may not be modified or excluded. Each party will on the Commencement Date and from time to time if a nominated representative is replaced, advise the other party hardware parts of the name and contact details of their nominated representative to: (a) facilitate communication between the parties and facilitate the provision system that are under warranty purchased as part of the Services; (b) provide any information required by a party in respect to the Services; (c) deal with any issues which arise in respect to the Services or this Agreement; andinitial proposal.

No Warranty. (a) Deswik takes commercial steps to provide the Services so as to meet the Customer's requirements and ensure the Software and any Releases are error free. However, Deswik Xxxxxx makes no representation and gives no warranty that: (i) the Services, Software and any Releases will be error free, meet the Customer's requirements or be fit for any particular purpose; or (ii) the Services will be performed within any particular time. (b) Under no circumstances will Deswik be liable for any incidental, special, indirect, direct or consequential damages or loss of profits, interruption of business, loss of business opportunity or goodwill, any claims for indirect, special or punitive damages, third party claims or any indirect or consequential losses or related expenses which may arise from installation or use of the Software, including but not limited to those resulting from defects in the Software, or loss or inaccuracy of data of any kind and whether or not Deswik has any notice of the possibility of such damages. (c) If Deswik breaches any provision of this agreement, Deswik’s sole and exclusive maximum liability, whether based in contract, tort, or otherwise, will not in any event exceed the lesser in value of: (i) the total price paid for the Services during the twelve month period immediately prior to the event of causation; (ii) re-performing the Services; or (iii) re-performance of the Services by a third party reasonably acceptable to DeswikXxxxxx. (d) The Customer agrees that the Customer must commence any action arising out of or related to this Agreement and the Services or the Customer's use of the Software or other Services within one (1) year of the loss or damage arising. After that time the Customer agrees that any cause of action will be permanently barred. (e) Nothing in this Agreement is intended or will be construed as excluding or modifying any statutory rights, warranties or conditions which are applicable to this Agreement or the Software and which by virtue of any legislation may not be modified or excluded. Each party will on the Commencement Date and from time to time if a nominated representative is replaced, advise the other party of the name and contact details of their nominated representative to: (a) facilitate communication between the parties and facilitate the provision of the Services; (b) provide any information required by a party in respect to the Services; (c) deal with any issues which arise in respect to the Services or this Agreement; and

No Warranty. (a) Deswik takes commercial steps to provide the Services so as to meet the Customer's requirements and ensure the Software and any Releases are error free. However, Deswik makes no representation and gives no warranty that: (i) the Services, Software and any Releases will be error free, meet the Customer's requirements or be fit for any particular purpose; or (ii) the Services will be performed within any particular time. (b) Under no circumstances will Deswik be liable for any incidental, special, indirect, direct or consequential damages or loss of profits, interruption of business, loss of business opportunity or goodwill, any claims for indirect, special or punitive damages, third party claims or any indirect or consequential losses or related expenses which may arise from installation or use of the Software, including but not limited to those resulting from defects in the Software, or loss or inaccuracy of data of any kind and whether or not Deswik has any notice of the possibility of such damages. (c) If Deswik breaches any provision of this agreement, Deswik’s sole and exclusive maximum liability, whether based in contract, tort, or otherwise, will not in any event exceed the lesser in value of: (i) the total price paid for the Services during the twelve month period immediately prior to the event of causation; (ii) re-performing the Services; or (iii) re-performance of the Services by a third party reasonably acceptable to Deswik. (d) The Customer agrees that the Customer must commence any action arising out of or related to this Agreement and the Services or the Customer's use of the Software or other Services within one (1) year of the loss or damage arising. After that time the Customer agrees that any cause of action will be permanently barred. (e) Nothing in this Agreement is intended or will be construed as excluding or modifying any statutory rights, warranties or conditions which are applicable to this Agreement or the Software and which by virtue of any legislation (including the Competition and Consumer Act 2010) may not be modified or excluded. Each party will on the Commencement Date and from time to time if a nominated representative is replaced, advise the other party of the name and contact details of their nominated representative to: (a) facilitate communication between the parties and facilitate the provision of the Services; (b) provide any information required by a party in respect to the Services; (c) deal with any issues which arise in respect to the Services or this Agreement; and (d) receive any notices given under this Agreement.