Overall Liability. 20.1 The Supplier’s overall liability to the Purchaser under this Contract shall be stated in the Order or, where no such limit is stated, the greater of $500,000 or 150% of the Contract Price.
20.2 The limit of liability described in clause 20.1 shall not apply to Supplier’s wilful misconduct, fraud, tax obligations, breach of applicable law or any of Supplier’s indemnity obligations pursuant to clause 14.1.
20.3 In no event will the Purchaser’s overall liability to the Supplier, exceed the Contract Price.
20.4 Neither party shall be liable to the other, by any way of indemnity or by reason of breach of the Contract or of statutory duty or by reason of tort (including but not limited to negligence) or any other reason whatsoever for any loss of profit/revenue, loss of business, loss of contracts or for any special, indirect or economic or consequential losses or damages.
Overall Liability. (1) Except for fraud or willful misconduct, COMPANY’s total aggregate liability arising out of or in connection with performance or contemplated performance of the Agreement relating to goods and/or services, whether for negligence or breach of contract or tort or any case whatsoever, shall in no event exceed one hundred per cent (100%) of the total amount actually paid to COMPANY by the Customer under the Agreement, after deducting sales and similar taxes and delivery costs.
(2) Any and all exclusions and limitations of liability contained in these General T&C shall also apply to exclusions and limitations of liability of COMPANY employees and other natural and legal persons acting upon an order from and/or on behalf of COMPANY, including in particular sales representatives of contractors, executors and agents.
(3) The Customer may not pursue any claims against the COMPANY resulting from any obvious typographical errors. An obvious typographical error is a visible, clerical error, or a similar defect in the wording of the General T&C, the Contract, the offer, a pricing list, an advertisement, or another document issued by the COMPANY. An obvious typographical error is also an error in a goods and/or services price, identifiable by means of a reconciliation between other documents constituting the COMPANY’s offer. The contract concluded between the COMPANY and the Customer containing an obvious typographical error is enforceable to an extent in which it should be enforceable without the error.
(4) The reservation of any contractual penalties by COMPANY in these General T&C, the contract or the order confirmation shall not deprive COMPANY of the right to claim damages exceeding the reserved contractual penalty.
Overall Liability. TigerTech will provide support services to its ‘out of warranty’ products, provided the said products and spare parts are available in its inventory. In case of lack of availability due to the products/spare parts not being manufactured any more by TigerTech (due to reasons attributable to advancement in technology, innovation, new product launch, etc.), TigerTech, at its sole discretion, may offer to provide the customer with an upgraded product or a refurbished product. The cost of the upgraded product or a refurbished product, may vary from product to product and the customer will have to bear the same. TigerTech shall not be liable in contract or in tort for any loss or damage suffered and consumer rights are limited to those set out in these Terms and Conditions and under statute. To the extent permitted by law, TigerTech's total liability herein in respect of each event or series of connected events shall not exceed the amount invoiced to You for the applicable Products and/or services. You shall indemnify TigerTech and keep TigerTech fully and effectively indemnified against any loss of or damage to any property or injury to or death of any persons caused by any negligent act or omission by you or your willful misconduct, or that of your employees, agents or sub-contractors or by any breach of its contractual obligations arising out of these Terms and Conditions. To the extent permitted by law TigerTech and You agree that TigerTech will not be liable for Products not being available for use, or for data or software which is lost, corrupted, deleted or altered. Any service response times stated by TigerTech are approximate only. TigerTech shall not be liable for a) any incidental, indirect, special or consequential damages, b) loss of opportunity, c) loss of revenue, d) loss of profit or anticipated profit, e) loss of business f) loss of contracts, g) loss of goodwill, h) loss arising out of business interruption, i) loss arising out of or in connection with pollution or contamination all arising out of or in connection with the purchase, use or performance of Products or services, even if TigerTech has been advised of their possibility. To the extent permitted by law, any typographical, clerical or other error or omission in sales literature, quotation, price list, acceptance of offer, invoice or other documents or information issued by TigerTech shall be subject to correction without any liability on the part of TigerTech. Where under any applicabl...
Overall Liability. Other than in respect of OWNER’s obligations under Clauses 15.2, 19.1, and 31.1, and Article 24, OWNER’s total cumulative liability to COMPANY arising from or in connection with, the performance (or non-performance) under this CHARTERPARTY and combined with the that of CONTRACTOR under the O&M CONTRACT shall be limited to fifty million United States Dollars (US$50,000,000).
Overall Liability. (1) Liability for compensation that goes beyond that foreseen in § 6 is excluded, irrespective of the legal nature of the claim being pursued. This applies in particular to compensation claims resulting from culpa in contrahendo, from other breaches of obligation or tort claims for compensation for material damage in accordance with § 823 BGB.
(2) A limitation in accordance with (1) also applies insofar as the Customer demands reimbursement of useless expenditure rather than performance of service, in place of a claim for compensation.
(3) Insofar as our liability for compensation is excluded or restricted, this also applies to personal liability for compensation on the part of our staff, employees, representatives and vicarious agents.
Overall Liability. Willdan's entire liability and obligation under this agreement will not exceed the net customer cost. Under no circumstances will Willdan be liable for any special, incidental, indirect, punitive and/or consequential losses or damages of any kind or nature whatsoever (including, without limitation, for lost profits, time, or revenue) for anything arising out of the performance or nonperformance of this agreement, whether claims for said losses or damages are premised on warranty, negligence, strict liability, contract or otherwise. By signing the below I agree to the following:
1. The installation of the energy efficiency measures listed was completed and number of measures actually was filled in on each line.
2. All material was properly cleaned up at the job site.
3. I understand that all work identified on this work order above in the section "RMP Contribution" is paid for by Willdan. I understand that I am responsible to pay the contractor identified above for that portion of the total cost identified above in the section "Customer Pays Contractor" at the time that the installation is completed. I further understand that I may pay the subcontractor by any of the following methods: check or money order. Installations Complete for Energy Saving Upgrades
Overall Liability. Any extended liability for damages beyond that provided for in the above conditions is excluded irrespective of the nature of the
Overall Liability. Notwithstanding anything contained in these Conditions or in this Contract to the contrary and irrespective of the legal grounds Licensor shall be not be liable for loss of profit, loss of revenues, loss of use, loss of production, costs of capital or costs connected with interruption of operation, loss of anticipated savings or for any special indirect or consequential damage or loss of any nature whatsoever. In case of loss of or damage to data or data carriers, LICENSOR shall not be liable for the recovery of data. LICENSOR’s total liability in respect of any and all claims for damages or losses which may arise in connection with its performance or non-performance under the contract shall in no event exceed 100.000.- Euro.
Overall Liability. 6.1. Further liability to pay damages which goes beyond that stated in point 5 is excluded, regardless of the legal nature of the claim being brought. This applies in particular to damages claims due to fault at the time of conclusion of the contract, positive breach of contract or due to liability in damages in accordance with § 823 of the German Civil Code (BGB).
6.2. Damages claims due to impossibility or failure shall remain unaffected.
6.3. The same applies should mandatory liability be incurred under the provisions of the German Product Liability Act (Produkthaftungsgesetz).
6.4. Should the liability to pay damages on our part be excluded or restricted, this also applies to the personal liability of our employees.
Overall Liability. (1) We shall not be liable for any damages not included in § 6 – without regard to the legal nature of any claim raised. This particularly applies to claims resulting from negligence in concluding the contract, from non-performance of obligations under the contract or tortuous claims for property damage according to § 823 BGB.
(2) Whenever the liability of Xxxxxx Pharma GmbH as a company is excluded or limited, this also applies to the personal liability of our staff, directors, officers, workers, agents and contractors.
