OUR LIABILITIES. 9.1 Nothing in this clause restricts our liability for death or personal injury resulting from our negligence or the negligence of our employees, servants or agents.
9.2 (Apart from our liability under clause 9.1) our liability to you for any claim or claims made by you shall not exceed ten times the amount of the invoice or invoices from us to you in respect of the particular Goods or Services the subject of your claim or claims, or £100,000 (whichever is the smaller). However if the amount of our invoice or invoices to you is less then £250, our liability shall be limited to £2,500 instead of ten times the amount of the invoice.
9.3 If you think that any claim made by you against us may involve a claim for consequential loss, you must on or before the making of this contract give us details in writing of the nature and probable size of such possible claims for consequential loss, so that appropri- ate limitations on our liability may be agreed if necessary. You agree that if you do not give us such details in writing you will waive any claim against us for any consequential losses, of the nature and probable size of which you have not given us details.
9.4 You acknowledge that you have had the opportunity to negotiate a different limitation on our liability if you wish. You agree that the limitations on liability in this clause are fair and reasonable.
9.5 If any limitation of liability in this clause (or any other clause limiting liability made pursuant to clause 2.3) be governed by the Unfair Xxxxxxxx Xxxxx Xxx 0000 and if in all the circumstances of the par- ticular case that limitation of that limitation of liability fail to satisfy the requirement of reasonableness in that Act, then you agree that our liability shall be restricted to the smallest sum which in all the cir- cumstances of the particular case does satisfy the requirement of reasonableness in that Act.
OUR LIABILITIES. 9.1 Subject to clause 8, we are not liable for any loss or damage suffered by you including any consequential loss, damages or loss of profit as a result of:
(a) any delay in delivering, or failing to deliver, the Goods or Services on the Delivery Date; and
(b) any defect in, or any failure, malfunction, breakdown or deterioration of, the Goods or Services, and
(c) this Agreement being terminated in accordance with clause 11, unless the loss or damage is caused by our negligence.
9.2 In any event, our liability will be limited to 50% of the amount invoiced.
OUR LIABILITIES. 11.1. To the maximum extent permitted by the law, we shall not be liable for direct or indirect losses and damages or non-performance under these Terms which result from our compliance with legal and regulatory requirements and with the Network Rules, any force majeure events or your breach of these Terms or any applicable legal and regulatory requirements.
11.2. We shall not be liable for any indirect or consequential losses including loss of profit or loss of reputation.
11.3. Nothing in these Terms shall exclude our liability for any statutory liability that cannot be excluded or amended by agreement between the parties.
11.4. SumUp does not warrant or shall be made liable for actions or omissions of any third party involved in the Services or for third parties advertising on our website.
11.5. We shall not be liable for any disruption or impairment of the Services or for disruptions or impairments of intermediary services under these Terms.
11.6. In any case we shall not be liable for any claims, proceedings, damages or losses in an amount exceeding the amount of the Fees collected by us for the provision of the Services to you during the last three (3) months preceding the occurrence of the event on which the eventual claim is based.
11.7. We shall not be made liable for any defects for third party hardware and other products that we may sell or include with the Services. The manufacturer, who is solely responsible for service and support, shall specify warranty and other terms for such hardware and products.
OUR LIABILITIES. 16.1. Provided that you dispute an unauthorized transaction in accordance to Sections 13, 14 and 15 of this Agreement without undue delay after you became or should have become aware of the circumstance, and no later than 13 months after the debit date, We must refund the amount of the transaction. Our obligation to refund the charge does not apply if (a) you have accepted liability for the transaction in writing, or (b) within four weeks after having received written notice from you objecting to the charge, we file a lawsuit or initiate a proceeding. The duty to refund stated in the first sentence does not apply to your own liability for SEK 577 under Section 15.
16.2. Without prejudice to your obligations, We will ensure that the Credentials associated with the Card or Account are not available to anyone other than you.
16.3. We will ensure the availability of our Account Centre or Customer Service at all times for you to notify us of lost, stolen or misappropriated Card or Credentials, or request the lifting of a card block.
16.4. We will not be obliged to enter into any dispute arising between you and a retailer or a bank and, moreover, a dispute with a retailer or a bank does not absolve you of complying with regulations governing the use of the Card and this Agreement. Please note that We do not accept liability for the quality, nature, delivery, or other aspects of the goods or services bought with the Card, unless otherwise stated in this Agreement or pursuant to legislation. Disputes related to the quality, nature, delivery, or other aspects of goods or services bought with the Card should be addressed to the merchant.
16.5. If you notify us that you have become a victim of fraud or other criminal offence in connection with charges to your account, (a) you must provide us with a written report detailing the circumstances and (b) We may require that you report the matter to the police.
16.6. We are liable for your direct losses: (a) for unauthorized transactions to the extent described in Section 15, (b) if the Account has been wrongfully debited as a result of our Payment Processing Services (and in some cases the merchant’s systems) causing a transactional error, technical failure, posting errors or similar circumstances, (c) for incorrect charges to your Account due to our negligence.
16.7. While We are responsible for processing your transactions in a correct and timely manner, absent negligence by us, we will not be liable for not processing t...
OUR LIABILITIES. 26.1 In marketing and auctioning property, we act only as agent for the vendor of that property, we do not act on our own behalf.
26.2 We offer no guarantees or representations as to the condition of specifications of any property that we offer for sale.
26.3 We offer no guarantee or representation that the vendor will complete the sale within the required period.
26.4 We shall not be liable to either party if the purchaser or vendor withdraws from an agreement to sell and thereby causes loss to the other party.
26.5 You acknowledge that to the extent permitted by law we owe you no duty of care and you have no claim against us for any loss.
26.6 We do not exclude our liability for anything that we cannot legally exclude liability for, including death or personal injury and fraudulent misrepresentation.
OUR LIABILITIES. 8.1. To the maximum extent permitted by the law, we shall not be liable for direct or indirect losses and damages or non-performance under these Terms which result from our compliance with legal and regulatory requirements and with the Network Rules, any force majeure events or your breach of these Terms or any applicable legal and regulatory requirements.
8.2. We shall not be liable for any indirect or consequential losses including loss of profit or loss of reputation.
8.3. Nothing in these Terms shall exclude our liability for any statutory liability that cannot be excluded or amended by agreement between the parties.
8.4. Elgo Life does not warrant or shall be made liable for actions or omissions of any third party involved in the Services or for third parties advertising on our website.
8.5. We shall not be liable for any disruption or impairment of the Services or for disruptions or impairments of intermediary services under these Terms.
8.6. We shall not be made liable for any defects for third party hardware, third party software and other products that we may sell or include with the Services. The third party manufacturer or provider, who is solely responsible for service and support, shall specify warranty and other terms for such hardware, software and products.
OUR LIABILITIES. 9.1 To the maximum extent permitted by law, we expressly limit our aggregate liability in respect of any and all claims for any Losses that you and/or any of your Representatives may bring against us under this Agreement or otherwise in respect of the Services to the following remedies (the choice of which is to be at our sole discretion):
(a) re-supply of the Services or part of the offending Services;
(b) payment of the costs of supply of the Services or relevant part of the Services by a third party; or
(c) the refund of any amounts paid by you to us under this Agreement in respect to the Services or offending part of the Services, even if we have been advised of the possibility of such Losses, and you acknowledge and agree that we hold the benefit of this clause 9.1 for ourselves and as agent and trustee for and on behalf of each of our Representatives.
9.2 To the full extent permitted at law, we are not liable to you or Guarantor for any Consequential Loss in any circumstances or however caused (including negligence).
9.3 Subject to any statutory rights that cannot be excluded our total liability for Losses, whether arising pursuant to this Agreement, out of or in relation to the Services, their sale, delivery or the way they behave, in tort or contract or in any other cause of action, or in any other way whatsoever is limited to 50% of the Price. You acknowledge that our pricing and operations are based upon this limitation of liability.
OUR LIABILITIES personal information. Your information is always available to you, subject to some exceptions allowed by law. If you would like to obtain your personal information, you must put your request in writing. Signed…………………………………………..Date……………………. if the Goods are not collected within 7 days we may charge you a storage fee in accordance with our usual storage rate.
OUR LIABILITIES personal information. Your information is always available to you, subject to some exceptions allowed by law. If you would like to obtain your personal information, you must put your request in writing. if the Goods are not collected within 7 days we may charge you a storage fee in accordance with our usual storage rate.
