RISK AND RESPONSIBILITY Sample Clauses

RISK AND RESPONSIBILITY. FO will not be liable for any loss or damages suffered by Xxxxxx resulting from an inability to access the Facility or the Unit, regardless of the cause.

RISK AND RESPONSIBILITY. The FO's services come with non-excludable guarantees under consumer protection law, including that they will be provided with due care and skill. Otherwise, to the extent permitted by law, the Goods are stored at the sole risk and responsibility of the Xxxxxx who shall be responsible for any and all theft, damage to, and deterioration of the Goods, and shall bear the risk of any and all damage caused by flood or fire or leakage or overflow of water, mildew, mould, heat, spillage of material from any other space, removal or delivery of the Goods, pest or vermin or any other reason whatsoever.

RISK AND RESPONSIBILITY. 7.1. Our liability will commence from the time Your Property is placed by You (or Your Agents) into Your storage Unit(s) and the Unit is locked by You (see Condition 6.1) and ceases immediately upon removal of Your Property from Your storage Unit(s).

RISK AND RESPONSIBILITY. 7.1. We are responsible for maintaining the Facility in a secure condition and will provide Our services with reasonable skill and care. 7.2. We do not insure the Goods and it is a condition of this Agreement 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. 7.3.1. Subject to the restrictions set out in this Condition 7, We shall be liable for: identifiable losses, destruction of or damage to Your Goods due to a breach of our duty of care (see Condition 7.3.2), wilful acts, omissions and default, including theft by forcible entry or damage caused by Us, Our employees, agents or representatives while the Goods are in the Unit (“Loss” or “Damage”). 7.3.2. For the avoidance of doubt, Our duty of care in relation to the Goods shall be that of a reasonably careful person under like circumstances. We shall not be liable for any Loss or Damage to the Goods, however caused, while the Goods remain in the Unit or under Our care, custody or control, unless such Loss or Damage resulted from Our failure to exercise such care in relation to the Goods as a reasonably careful person would exercise under like circumstances, and We will not be liable for damages which could not have been avoided by the exercise of such care. 7.3.3. Nothing in this Agreement limits any liability which cannot legally be limited, including liability for physical injury to or the death of any person which is a direct result of negligence or wilful default on the part of Us, Our agents and/or employees. 7.4. Unless and until a higher limit of liability has been fixed under a StoreProtect Addendum and continues in effect, Our liability for Loss or Damage (as defined under Condition 7.3.1) is limited to a maximum of £100 for any one event or series of connected events. Our liability will commence from the time Your Property is placed by You into Your storage Unit(s) and ceases immediately upon removal of Your Property from Your storage Unit(s). 7.5. The restrictions on liability in this...

RISK AND RESPONSIBILITY. The Goods are stored at the sole risk and responsibility of the Xxxxxx who shall be responsible for any and all theft, damage to, and deterioration of the Goods, and shall bear the risk of any and all damage caused by flood or fire or leakage or overflow of water, mildew, heat, spillage of material from any other space, removal or delivery of the Goods, pest or vermin or any other reason whatsoever.

RISK AND RESPONSIBILITY. 6.1 If the Customer is using the Unit for the purpose of business storage, then the guarantees and remedies in the Trade Practices Act 1974 ("the TPA") are excluded. 6.2 If the TPA applies, the Customer acknowledges as per clause 1.2 that PELICAN STORAGE is only providing a licence to use self-storage space allocated by PELICAN STORAGE for the sole purpose of storing goods and that no other goods and services are provided by PELICAN STORAGE. In particular, no other undertakings or commitments are given or undertaken by PELICAN STORAGE whether in tort, contract or other legal principle. a. The goods are stored at the Customer’s sole risk and responsibility in all respects. The Customer must insure the goods for their full replacement value against all risk including without limitation theft, damage, deterioration, flood, fire, leakage, heat, seepage of any substance from another self-storage space, pests, or vermin. b. If the Customer fails to insure the goods in accordance with this clause, the Customer will keep PELICAN STORAGE indemnified against all claims for any loss or damage to the Customer’s goods and from all claims for loss, damage or injury that may result from the Customer’s use of the self storage space, or in the event of default, any act by PELICAN STORAGE in relation to the goods. c. The Customer acknowledges that PELICAN STORAGE is not responsible for any damage or loss caused by any act or omission of any other Customer or of PELICAN STORAGE. d. The Customer acknowledges that PELICAN STORAGE does not insure the goods nor accepts any risk or responsibility in respect of the goods. 6.4 The only person who can make deliveries and removals from the Unit is the Customer and persons allowed access as identified on the front page of this Agreement UNLESS the Customer gives instructions to PELICAN STORAGE. 6.5 Unless specifically covered by insurance in accordance with clause 6.3, the Customer should not store goods which are irreplaceable, such as currency, jewellery, furs, deeds, paintings, works of art and items of personal sentimental value. 6.6 The Customer agrees to indemnify PELICAN STORAGE from all claims in contract, tort or otherwise, for any loss or damage to the property of, or personal injury to: a. third parties; and / or b. the true owner of the goods stored in the Unit resulting from or incidental to the use of the Unit by the Customer.

RISK AND RESPONSIBILITY. No oral statements made by the Owner or its employees form part of this agreement. No failure or delay by the Owner to exercise its rights under this agreement will operate to reduce those rights.

RISK AND RESPONSIBILITY. 17.1 Indemnities This clause shall be replaced by the following: Liability for damage that has occurred as a consequence of, or in relation to, the Contract shall be governed by the provisions of Section 373 and subsequent sections of the Commercial Code as set forth herein. Therefore, if the Contractor breaches its stipulated Contract obligations, or any applicable legal regulations, and causes the Employer damage the Contractor shall compensate for the damage in compliance with the following principles: (a) The Contractor shall compensate all damages and all costs incurred to the Employer as a consequence of, or in relation with, the failure of the Contractor to comply with his obligations in the Contract or in the applicable legal regulations. (b) Damages shall not include loss of profit.

RISK AND RESPONSIBILITY. The Contractor shall indemnify and hold harmless the Employer, the Engineer, the Designated Contractors, representatives and employees from and against all actions, sits, proceedings, claims, damages, losses, expenses and demands of every nature and description, by reasons of any act or omissions of the Contractor, his representative or his employees in the execution of the Works, including professional services provided by the Contractor or in the guarding the same. These indemnification obligations shall include but not be limited to claims, damages, losses, damage proceedings, charges and expenses which are attributable to:

RISK AND RESPONSIBILITY. 10.1. The Vessel is stored at the sole risk and responsibility of the Customer who shall be solely responsible for any and all theft, damage to and deterioration of the Vessel and shall bear the risk of any and all damage caused by flood or fire or leakage or overflow of water, heat, spillage or material from any other Space, removal or delivery of the Vessel, pest or vermin or any other reason whatsoever including acts or omissions of the Marina Company or persons under its control. 10.2. The Customer shall keep the Vessel and Space free of all pests and vermin, and will employ competent pest exterminators to treat the Vessel and Space if required by the Marina Company. 10.3. Access to the Customer’s allocated Space by any person other than the Customer is prohibited unless the Customer gives personal or telephone instructions to the Marina Company advising the name of the person authorised by the Customer to enter the Customer’s Space and that person provides reasonable identification to the Marina Company. 10.4. The Customer acknowledges and agrees to comply with all relevant laws, including Acts and ordinances, regulations, by-laws and orders as are or may be applicable to the use of the Space. This includes claims relating to the material which is stored and the manner in which it is stored. The liability for any and all breach of such laws rests absolutely with the Customer and includes any and all costs (on an indemnity basis) resulting from such a breach. 10.5. The Customer authorises the Marina Company to operate the Vessel and any machinery, whatsoever required to move the Vessel by whatever means necessary whether on land or in sea in any circumstances the Marina Company may consider necessary and appropriate.