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. 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 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. 10.1 The Purchaser is and remains fully responsible at all times for the reliability and safety of its own installations, mechanisms, and goods.
10.2 The Seller is not liable for any damage resulting from errors or unlawful acts by itself, its employees or any other persons engaged by or on behalf of the Seller in the execution of the agreement concluded with the Purchaser, unless it is an error made or unlawful act committed by persons that can be considered to be bodies of its company or executive officers and the Purchaser also proves that it constitutes intent or gross negligence of such persons.
10.3 The Seller does not guarantee the suitability of the goods and services supplied or made available by it or of the goods made available for a special purpose.
10.4 The Seller is not liable for any damage resulting from or directly or indirectly related to the use of alternative or biological fuels, irrespective of whether it concerns an addition of such fuels or the supply of pure biological fuels.
10.5 Seller is not liable for any damage resulting from its recommendations for use, unless the recommendations are provided by persons that can be considered to be bodies of its company or executive officers and the Purchaser also proves that it constitutes intent or gross negligence of such persons.
10.6 The Seller is not liable for any damage, resulting directly or indirectly from defects in goods supplied or made available by the Seller or goods used in the execution of the agreement or resulting from a non-standard quality of the goods supplied by the Seller, unless mandatory provisions stipulate otherwise. In that case, the Seller’s obligation to pay damages does not exceed the amount to which the Seller is obliged pursuant to the law.
10.7 Except to the extent that mandatory provisions as referred to article 10.6 stipulate otherwise, any liability of the Seller is always limited to the lower amount of:
a. the invoice amount or, in the absence thereof, the value of the performance agreed;
b. in the event of partial deliveries – the invoice amount or, in the absence thereof, the value of the performance concerned;
c. the amount covered by an insurance policy, if and in so far as the Seller is insured against the liability concerned,
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.
