OUR LIABILITIES Sample Clauses

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.
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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 Contract Terms Act 1977 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.
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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.
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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.
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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.
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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.
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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.
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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...
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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.
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Related to OUR LIABILITIES

  • Our Liability (a) The quality and reliability of your electricity supply and the quality, pressure and continuity of your gas supply is subject to a variety of factors that are beyond our control as your retailer, including accidents, emergencies, weather conditions, vandalism, system demand, the technical limitations of the distribution system and the acts of other persons (such as your distributor), including at the direction of a relevant authority. (b) To the extent permitted by law, we give no condition, warranty or undertaking, and we make no representation to you, about the condition or suitability of energy, its quality, fitness for purpose or safety, other than those set out in this contract. (c) Unless we have acted in bad faith or negligently, the National Energy Retail Law excludes our liability for any loss or damage you suffer as a result of the total or partial failure to supply energy to your premises, which includes any loss or damage you suffer as a result of the defective supply of energy.

  • Other Liabilities Local Church represents and warrants that is has no loans, leases or other debts secured by the Real Property or Personal Property, except those matters set out Schedule 3.2, and that if any debts exist, secured or unsecured, it shall either satisfy all of its debts, loans, and liabilities, or assign or transfer such obligations to its new operating entity prior to or simultaneous with Closing, and solely bear the cost thereof. Local Church must provide sufficient documentation of the same to Annual Conference.

  • Costs, Expenses, Liabilities and Obligations The Developer shall be responsible for all costs, expenses, liabilities and obligations imposed under or incurred in order to satisfy the terms of this Agreement and all Federal, Provincial and Municipal laws, by-laws, regulations and codes applicable to the Lands.

  • ERISA Liabilities The Borrower shall not, and shall cause each of its ERISA Affiliates not to, (i) permit the assets of any of their respective Plans to be less than the amount necessary to provide all accrued benefits under such Plans, or (ii) enter into any Multiemployer Plan.

  • Your Liability 15.1 If you believe that a Transaction has not been executed correctly, or that a Transaction has not been authorised by you, you must inform us immediately via our Customer Service. Failure to notify us immediately, as soon as you become aware of it, or in any case within thirteen (13) months of the date of the unexplained or incorrectly executed Transaction, will result in you losing your right to a refund. If we establish that a Transaction has been incorrectly executed, or that it has not been authorised, and that you have promptly reported it to us within 13 months of its execution, then, unless Article 15.3 applies, we will refund the amount to you at the latest at the close of business on the Business Day following the date on which you made the incident known to us (or on which we became aware of it, if that date is earlier). 15.2 Notwithstanding your right to a refund as provided for in Article 15.1, you will be required to bear, without limitation of the amount if you are a Professional Customer, and up to 50 Euros if you are a Consumer Customer, any losses related to any unauthorised Payment Transactions resulting from the use of a lost or stolen payment instrument, or the misappropriation of a payment instrument, unless (i) the loss, theft or misappropriation could not be detected before the payment or (ii) the loss is caused by an act of one of our employees, agents or subcontractors. You will bear all losses related to unauthorised payment Transactions in the event of fraud on your part, or if you have not complied with, intentionally or through gross negligence, one or more of the security obligations provided for in Article 13. 15.3 If we grant a refund request for a disputed Transaction, and thereafter we receive information demonstrating that the Transaction had in fact been authorised, we will deduct the amount of the Transaction being disputed from the Available Funds, and, if applicable, you will be charged for the costs incurred. 15.4 You may also be liable for any reasonable costs incurred in conducting investigations to show that the Transaction had in fact been authorised. 15.5 You undertake to comply with the tax laws and regulations of all jurisdictions that apply to you, and you agree to indemnify Sogexia for any damages suffered in the event of non-compliance with your tax obligations. 15.6 You will assume all risks related to the means of communication that you use, including those resulting from communication errors, misunderstanding or the identity of the customer, or the risk of fraudulent use by unauthorised third parties. You hereby release us from any liability in this regard. 15.7 You expressly agree that, notwithstanding Article 1341 of the Civil Code, we may, whenever necessary or useful, prove our allegations by any legally permissible means in commercial matters, such as by testimony and oath. You expressly authorise us to record our telephone conversations, and to use them in court with the same probative force as a written document. 15.8 Your instructions must be complete, accurate and precise in order to avoid any error, failing which we will be entitled to suspend the execution of Transactions without incurring any liability.

  • Liabilities If this Agreement is terminated pursuant to this Section, such termination shall be without liability of any party to any other party except as provided in Section 4 hereof, and provided further that Sections 1, 6, 7 and 8 shall survive such termination and remain in full force and effect.

  • Litigation and Contingent Liabilities No litigation (including derivative actions), arbitration proceeding or governmental investigation or proceeding is pending or, to the Company’s knowledge, threatened against any Loan Party which might reasonably be expected to have a Material Adverse Effect, except as set forth in Schedule 9.6. Other than any liability incident to such litigation or proceedings, no Loan Party has any material contingent liabilities not listed on Schedule 9.6 or permitted by Section 11.1.

  • Certain Liabilities To the Borrower's actual knowledge, none of the present or previously owned or operated Property of the Borrower or any Guarantor or of any of their former Subsidiaries, wherever located: (i) has been placed on or proposed to be placed on the National Priorities List, the Comprehensive Environmental Response Compensation Liability Information System list, or their state or local analogs, or have been otherwise investigated, designated, listed, or identified as a potential site for removal, remediation, cleanup, closure, restoration, reclamation, or other response activity under any Environmental Laws; (ii) is subject to a Lien, arising under or in connection with any Environmental Laws, that attaches to any revenues or to any Property owned or operated by the Borrower or any of the Guarantors, wherever located, which could reasonably be expected to cause a Material Adverse Change; or (iii) has been the site of any Release of Hazardous Substances or Hazardous Wastes from present or past operations which has caused at the site or at any third-party site any condition that has resulted in or could reasonably be expected to result in the need for Response that would cause a Material Adverse Change.

  • Excluded Liabilities All Liabilities of the Seller other than the Assumed Liabilities shall be excluded from the sale to the Purchaser, regardless of whether such Liabilities are imposed by law, contract or otherwise (collectively “Excluded Liabilities”), including, without limitation, the following Liabilities: (a) any Liabilities of the Seller arising or incurred in connection with the negotiation, preparation, investigation and performance of this Agreement and the transactions contemplated hereby and thereby, including fees and expenses of counsel, accountants, consultants, advisers and others; (b) any Liabilities for (i) Taxes of the Seller or (ii) Taxes on Purchased Assets to the extent they are allocable to periods ending on and including the Closing Date or (iii) value added Tax resulting from supplies of the Seller or the reduction of input value added Tax claimed by the Seller (alle Verbindlichkeiten bezüglich (i) Steuern des Verkäufers oder (ii) Steuern der verkauften Vermögensgegenstände soweit sie Zeiträumen zuzuordnen sind, die am und einschließlich des Closing Dates enden oder (iii) Umsatzsteuer die aus Vorräten des Verkäufers oder einer vom Verkäufer geforderten Herabsetzung der Vorsteuer resultiert); (c) any Liabilities relating to or arising out of any Excluded Assets or Excluded Contracts; (d) any Liabilities for purchase orders for wood or other consumables that are not an Assumed PO and sales orders or commitments for lumber that are not an Assumed SO; (e) any Liabilities of the Seller which constitute intercompany payables owing to their Affiliated Companies or which constitute debt, loans or credit facilities owing to lenders; (f) any Liabilities of the Business relating to or arising from unfulfilled commitments, quotations, purchase orders, customer orders or work orders that (i) do not constitute part of the Purchased Assets (ii) are issued by the Business’ customers to the Seller on or before Closing (iii) did not arise in the Ordinary Course of Business or (iv) are not validly and effectively assigned to Purchaser pursuant to this Agreement; (g) any claims, Environmental Liabilities, or Liabilities under Environmental Laws, to the extent arising out of or relating to facts, circumstances or conditions existing on or prior to the Closing or otherwise to the extent arising out of any actions or omissions of the Seller; and (h) any Liabilities arising out of, in respect of or in connection with (i) the failure by the Seller to comply with any law or order of a Governmental Authority, or (ii) payments or entitlements under the EEG received by the Seller or its Affiliates without the respective entitlement.

  • Default Liabilities 11.1 The Parties agree and acknowledge that, in the event that a Party (the “Defaulting Party”) substantially violates any of the agreements hereunder or fails to perform any of its obligations hereunder substantially, it shall constitute a default under this Agreement (the “Default”). The non-defaulting party (the “Non-defaulting Party”) shall be entitled to request the Defaulting Party to rectify the Default or take remedial measures within a reasonable period. In the event that the Defaulting Party fails to rectify the Default or take remedial measures within a reasonable period or within ten (10) days after a written notice sent by the Non-defaulting Party to the Defaulting Party requesting for the rectification, and if the Defaulting Party is Party A, the Non-defaulting Party shall be entitled to determine, at its sole discretion, to: (1) terminate this Agreement and request the Defaulting Party to indemnify all losses incurred by the Non-defaulting Party, or (2) request the Defaulting Party to continue to perform its obligations hereunder and indemnify all losses incurred by the Non-defaulting Party; if the Defaulting Party is Party B, the Non-defaulting Party shall be entitled to request the Defaulting Party to continue to perform its obligations hereunder and to indemnify all losses incurred by the Non-defaulting Party. 11.2 The Parties agree and acknowledge that Party A shall not request to terminate this Agreement for any reasons under any circumstances, except otherwise required under the law or under this Agreement. 11.3 Notwithstanding any other provisions hereunder, this Article XI shall survive the suspension or termination of this Agreement.