Restricted Liability. In all other cases, the following shall apply:
(i) RedSeal’s liability shall be limited to typical, foreseeable damages.
(ii) Unless a differing liability cap is expressly agreed otherwise, the typical foreseeable damages shall, for each damaging event, not exceed the total price paid by Customer to RedSeal for the Service Offering (calculated on an annual basis in case of ongoing Services to be provided for a period of more than one year) in relation to which such claim arises, but in any event not less than 100.000,00 EUR and not more than 1.000.000,00 EUR. The limitation of liability in this section 12.2 (ii) will not apply to (i) RedSeal’s indemnification obligations under section 11.2.1 of this Agreement or (ii) any liability which may not be excluded by law.
(iii) RedSeal shall be liable to Customer only if RedSeal has breached a material contractual obligation (i.e. an obligation the performance of which is essential to allow the implementation of the agreement, and the compliance with which Customer usually may rely on).
(iv) RedSeal shall not be liable for any consequential or indirect damages to the extent such damages are untypical or unforeseeable. In no event shall RedSeal (including its suppliers) or Customer be liable to the other or any other person or entity for loss of use of the Service Offering, or loss of content for any reason including power outages, system failures, or other interruptions (subject to RedSeal’s obligations under the applicable Service Level Agreement)
Restricted Liability. 7.2.1. We shall only be liable for Loss or Damage caused by Our negligence up to a maximum of £100 for any one event or series of connected events.
7.2.2. We do not insure the Goods and it is a condition under this Condition 7.2 that the Goods remain adequately insured at all times for their Maximum Replacement Value while they are in storage. You warrant that such cover is in place, will not lapse and that the Maximum Replacement Value of all Goods in the Unit from time to time will not exceed the insured value. We do not give any advice concerning insurance cover given by any policy and You must make Your own judgment as to adequacy of cover. Inspection of any insurance documents provided by You to demonstrate cover does not mean We have approved the cover or confirmed it is sufficient.
7.2.3. For the avoidance of doubt, We shall have no liability for Loss or Damage unless directly caused by Our negligence.
Restricted Liability. In all other cases, the following shall apply:
(i) RSA’s liability shall be limited to typical, foreseeable damages.
(ii) Unless a differing liability cap is expressly agreed otherwise, the typical foreseeable damages shall, for each damaging event, not exceed the total price paid by Customer to RSA for the Products and Services (calculated on an annual basis in case of ongoing Services to be provided for a period of more than one year) in relation to which such claim arises, but in any event not less than 100.000,00 EUR and not more than 1.000.000,00 EUR.
(iii) RSA shall be liable to Customer only if RSA has breached a material contractual obligation (i. e. an obligation the performance of which is essential to allow the implementation of the agreement, and the compliance with which Customer usually may rely on).
(iv) RSA shall not be liable for any consequential or indirect damages to the extent such damages are untypical or unforeseeable.
Restricted Liability. Notwithstanding anything else in this Agreement, TRT will not be liable whatsoever to the Customer for any indirect loss, consequential loss, loss of profit, loss of bargain, loss of business opportunity or exemplary damages suffered by TRT or any other person, whether flowing from any pre-contractual misrepresentation, forecast or breach of this Agreement or not, whether contemplated by this Agreement or not, and whether actionable in contract, tort (including negligence), equity or otherwise.
Restricted Liability. In all other cases, the following shall apply:
(i) RedSeal’s liability shall be limited to typical, foreseeable damages.
(ii) Unless a differing liability cap is expressly agreed otherwise, the typical foreseeable damages shall, for each damaging event, not exceed the total price paid by Customer to RedSeal for the Products and Services (calculated on an annual basis in case of ongoing Services to be provided for a period of more than one year) in relation to which such claim arises, but in any event not less than 100.000,00 EUR and not more than 1.000.000,00 EUR.
(iii) RedSeal shall be liable to Customer only if RedSeal has breached a material contractual obligation (i. e. an obligation the performance of which is essential to allow the implementation of the agreement, and the compliance with which Customer usually may rely on).
(iv) RedSeal shall not be liable for any consequential or indirect damages to the extent such damages are untypical or unforeseeable.
Restricted Liability. 9.1.1 If you do not provide us with a printed declaration of value of your goods or you do not require us to accept Regular Liability pursuant to clause 9.2, then in the event that we lose or damage your goods through our negligence or our breach of contract, we will pay you up to a maximum of £50.00 sterling towards the total cost of repairing or replacing.
9.1.2 We may choose to repair or replace the damaged or lost item. However if we choose the repair the item we will not be liable for any depreciation in value.
9.1.3 Other than because of our negligence, we will not be liable for any loss, damage or failure to deliver the goods if it is caused by any of the following circumstances:
9.1.4 Fire (unless our removal lorry is on fire).
9.1.5 War, invasion, acts of foreign enemies, hostilities (whether war is declared or not), civil war, terrorism, rebellion and/or military coup, act of God, industrial action or other such events outside our reasonable control.
9.1.6 Normal wear and tear, natural or gradual deterioration, leakage or evaporation or from perishable or unstable goods. This includes goods left within furniture or appliances.
9.1.7 Cleaning, repairing or restoring unless we did the work.
9.1.8 Moth or vermin or similar infestation.
9.1.9 Electrical or mechanical derangement to any appliance, instrument or equipment unless there is evidence of external impact.
9.1.10 Additionally we will not be liable for any loss of or damage to:
9.1.11 Any goods in wardrobes, drawers or appliances, or in a package, bundle, case or other container not both packed and unpacked by us.
9.1.12 Jewellery, watches, trinkets, precious stones or metals, money, deeds, securities, stamps, coins, or goods or collections of a similar kind, unless you have previously given us full information including value, and we have confirmed in writing that we will accept responsibility
9.1.13 Goods which have a relevant proven defect or are inherently defective.
9.1.14 Animals and their cages or tanks including pets, birds or fish.
Restricted Liability. In all other cases, the following shall apply:
Restricted Liability. In all other cases, the following shall apply: Supplier’s liability shall be limited to typical, foreseeable damages. Unless a differing liability cap is expressly agreed otherwise, the typical foreseeable damages shall, for each damaging event, not exceed the total price paid by OEM to Supplier for the Software and Services (calculated on an annual basis in case of ongoing Services to be provided for a period of more than one year) in relation to which such claim arises, but in any event not less than 100.000,00 EUR and not more than 1.000.000,00 EUR. Supplier shall be liable to OEM only if Supplier has breached a material contractual obligation (i. e. an obligation the performance of which is essential to allow the implementation of the agreement, and the compliance with which Customer usually may rely on). Supplier shall not be liable for any consequential or indirect damages to the extent such damages are untypical or unforeseeable.
Restricted Liability. In all other cases, the following shall apply:
(i) EMC’s liability shall be limited to typical, foreseeable damages.
(ii) Unless a differing liability cap is expressly agreed otherwise, the typical foreseeable damages shall, for each damaging event, not exceed the total price paid by Customer to EMC for the Software and Services (calculated on an annual basis in case of ongoing Services to be provided for a period of more than one year) in relation to which such claim arises, but in any event not less than 100.000,00 EUR and not more than 1.000.000,00 EUR.
(iii) EMC shall be liable to Customer only if EMC has breached a material contractual obligation (i. e. an obligation the performance of which is essential to allow the implementation of the agreement, and the compliance with which Customer usually may rely on).
(iv) EMC shall not be liable for any consequential or indirect damages to the extent such damages are untypical or unforeseeable.
Restricted Liability. In all other cases, the following shall apply:
(i) SecurID’s liability shall be limited to typical, foreseeable damages.
(ii) Unless a differing liability cap is expressly agreed otherwise, the typical foreseeable damages shall, for each damaging event, not exceed the total price paid by Customer to SecurID for the Service Offering (calculated on an annual basis in case of ongoing Services to be provided for a period of more than one year) in relation to which such claim arises, but in any event not less than 100.000,00 EUR and not more than 1.000.000,00 EUR. The limitation of liability in this section 12.2 (ii) will not apply to (i) SecurID’s indemnification obligations under section 11.2.1 of these Terms of Service or
