Performance Limitation. NCBCM will use reasonable efforts to provide reliable service in accordance with the terms and conditions of this Agreement. However, NCBCM does not warrant that its operation of the GoIPO Portal will be error free, secure, timely or uninterrupted, or that it will meet all of your needs. Except as specifically provided in this Agreement, NCBCM disclaims all warranties as to the GoIPO Portal and/or the Services including without limitation all implied warranties of merchantability and of fitness for a particular purpose, data accuracy and completeness, or warranties implied from a course of dealing or usage of trade. NCB shall not be liable for the operational failure of the GoIPO Portal, or for any injury, loss or damage howsoever arising (whether from criminal activity or otherwise) that may be suffered by you. NCB shall not be liable for any unauthorized use of your NCB Online Credentials or for any loss resulting from circumstances over which NCB has no direct control including but not limited to your failure to input complete and accurate information, failure of electronic or mechanical equipment or communication lines, telephone or other interconnection problem, operator error or log in sequences. In no event will NCB be liable for damages in excess of your actual loss due to your failure to complete a transaction and NCB will not be liable for any indirect, incidental or consequential damages. NCB shall not be liable for the unavailability at any time of the GoIPO Portal, whatever shall be the cause of such unavailability.
Performance Limitation. The Credit Union will use reasonable efforts to provide reliable service in accordance with the Terms and Conditions and the service descriptions appearing on the Credit Union’s website from time to time. However, the Credit Union does not warrant that its operation of N.C.B Employees Co-operative Credit Union Limited Electronic Services will be error free, secure, timely or uninterrupted, or that it will meet all of your needs as a customer/member. Except as specifically provided in this Agreement, the Credit Union disclaims all warranties as to the N.C.B Employees Co-operative Credit Union Limited Electronic Services including without limitation all implied warranties of merchantability and of fitness for a particular purpose, data accuracy and completeness, or warranties implied from a course of dealing or usage of trade. The Credit union shall not be liable for the operational failure of the N.C.B Employees Co-operative Credit Union Limited Electronic Services, or of any participating ABM or Point-of-Sale Device or for any injury, loss or damage howsoever arising (whether from criminal activity or otherwise) that may be suffered by the Member or Cardholder in the use of the ABM or Point-of-Sale Devices or on or near premises housing same, or in the use of the N.C.B Employees Co-operative Credit Union Limited Electronic Services. The Credit Union shall not be liable for any unauthorized use of the Card or for any loss resulting from circumstances over which the Credit Union has no direct control including but not limited to the Cardholder's failure to input complete and accurate information, failure of electronic or mechanical equipment or communication lines, telephone or other interconnection problem, operator error or log in sequences. In no event will the Credit Union be liable for damages in excess of a Member’s or Cardholder's actual loss due to the Member’s or Cardholder's failure to complete a transaction and the Bank will not be liable for any indirect, incidental or consequential damages. The Credit Union shall not be liable for the unavailability at any time of the N.C.B Employees Co- operative Credit Union Limited Electronic Services, whatever shall be the cause of such unavailability. Force Majeure -The Credit Union shall not be liable to you for any delay or failure to perform its obligations under this Agreement if such delay or failure arises from any cause or causes beyond its reasonable control including but not limited to industrial d...
Performance Limitation. Notwithstanding any contrary provision contained ---------------------- herein, Seller shall not be liable for damages or delay of the performance of its duties hereunder due to any circumstance beyond Seller's reasonable control, including but not limited to (i) acts of God, acts of any local, state, federal or foreign government, strikes, riots, storms, fires or explosions; (ii) action or inaction on part of Buyer or Buyer's employees; and (iii) failure on part of Buyer to maintain Buyer's vehicles, vehicular equipment or communications equipment.
