Seller’s Liability Sample Clauses

Seller’s Liability. THE COMPANY’S TOTAL LIABILITY TO THE CUSTOMER IN CONTRACT, TORT (INCLUDING CLAIMS FOR NEGLIGENCE OR BREACH OF STATUTORY DUTY) MISREPRESENTATION, RESTITUTION OR OTHERWISE ARISING IN CONNECTION WITH THE PERFORMANCE OR CONTEMPLATED PERFORMANCE OF THE CONTRACT SHALL IN ALL CIRCUMSTANCES BE LIMITED TO THE GREATER OF (i) US$5,000 OR (ii) THE CONSIDERATION FOR THE SERVICES PAYABLE EACH CALENDAR YEAR UNDER THE CONTRACT THAT ARE SUBJECT TO THE CLAIM. UNDER NO CIRCUMSTANCE SHALL COMPANY’S LIABILITY EVER EXCEED ITS PROPORTIONATE SHARE WHERE MORE THAN ONE PARTY HAS LIABILITY. Save in the case of fraud or fraudulent concealment by the Seller, the Seller shall be under no liability in respect of any claim under the Contract and any such claim shall be wholly barred and unenforceable unless: (i) the Buyer notifies the Seller in detail and in writing of the alleged basis for the claim within two (2) months of the Buyer becoming aware thereof and within one year after the completion of the Services to which the claim relates; and (ii) the Seller is permitted to inspect any and all property with respect to which the Services are claimed to have been defective or to which Xxxxx’s claim otherwise relates. The Buyer acknowledges that the above provisions of this Section 10 are reasonable and reflected in the price which would be higher without those provisions and the Buyer will accept such risk and/or insure accordingly. Nothing in these Terms and Conditions limits or excludes the liability of the Seller for: (x) death or personal injury to the extent resulting from the Seller’s negligence; or (y) liability incurred by the Buyer to the extent resulting from fraud or fraudulent misrepresentation by the Seller; or (z) any other matter which may not be limited or excluded by law to the extent arising out of the errors or omissions of Seller.

Seller’s Liability. SELLER’s liability with respect to the Product sold to END USER shall be limited to the warranty provided herein. SELLER shall not be subject to any other obligations or liabilities, whether arising out of breach of contract, warranty, tort (including negligence and strict liability) or other theories of law, with respect to products sold or services rendered by seller, or any undertaking, acts or omissions relating thereto. Without limiting the foregoing, SELLER specifically disclaims any liability for property or personal injury damages, penalties, special or punitive damages, damages for lost profits or revenues, services, down time, shut down or slow down costs, or for any other types of economic loss, and for claims of END USER’s customers or any third party for any such damages. SELLER shall not be liable for and disclaims all consequential, incidental and contingent damages whatsoever.

Seller’s Liability. Seller shall remain liable for all Liability related to workers’ compensation, disability and occupational diseases of or with respect to all of Seller’s employees attributable to injuries, claims, conditions, events and occurrences occurring prior to the Closing Date, which Liability shall be a Retained Liability.

Seller’s Liability. Seller shall remain liable for all liability for all accrued vacation entitlements as indicated on Schedule 12.3, workers' compensation, disability and occupational diseases of or with respect to all of Seller's Employees attributable to entitlements, injuries, claims, conditions, events and occurrences occurring on or before the Closing Date.

Seller’s Liability. The obligations of the Sellers’ under this Agreement shall be several and not joint obligations.

Seller’s Liability. Seller's liability with respect to any Used Equipment sold to Buyer will be limited to refunding payment made. In no event will Seller be liable for indirect, incidental or consequential damages.

Seller’s Liability. Seller shall remain liable for, and covenants to pay, satisfy, or discharge when due, all Excluded Obligations and all liabilities, payments, obligations, and duties under the Agreements or other instruments transferred or assigned to Buyer hereunder, accruing prior to or by reason of events occurring prior to Closing.

Seller’s Liability. Any Seller (Vendor, Supplier, Source of Repair) that provides any spares, repairs, subcomponents or other part(s) that are derived from any source or subcontractor(s) who is/are unauthorized and/or uncertified and/or unqualified and/or is known to provide questionable products and/or is on the US Government’s Excluded Parties List System (EPLS), agrees to be held fully liable for all costs, inclusive, but not limited to: return of part(s); replacement using authorized, certified OEM approved parts and subparts; and bearing all costs between the original order value and any difference of the property acquired and used if approved for replacement. S&K Aerospace shall decide whether to allow for replacement or Terminate for Default within 30 days of discovery of unapproved parts/components. Seller shall also be responsible for a full reimbursement of total value of order and associated costs. If Termination for Default, Seller is subject to and liable for all costs in accordance with FAR 52.249-8.

Seller’s Liability. Seller will be liable for all Losses that Buyer, its affiliates and their directors, officers, employees, agents and representatives may be subject to as a result of, incidental to or in connection with this Agreement and that result from the acts and omissions of Seller, its affiliates or their employees, directors, officers, agents or subcontractors, to the extent that such Losses were not a result of the gross negligence or wilful misconduct of Buyer.

Seller’s Liability. 1. Seller will not be liable for any indirect damage suffered by Buyer or a third party in connection with (the performance of) an Agreement or a good or service provided by Seller, including consequential damage, immaterial damage, business or environmental damage. 2. Any liability on the part of Seller will in any event be limited to a maximum of twice the invoice value of the order placed by Buyer with Seller, or at least to that part of the order to which the liability relates. If Seller is insured and actually pays out of its insurance as a result of the liability in question, its liability will be limited to that amount paid out. 3. The exclusion of liability in this Article will not apply if damage is caused by intent or gross negligence on the part of Seller or its executive staff. 4. Buyer may only invoke the obligations ensuing from this Article if it has itself fulfilled all the obligations vis-à-vis the Seller. 5. Any right of claim of Buyer against Seller, for whatever reason, expires at the latest one year after delivery of the goods sold to Buyer.