Common use of SERVICES DISCLAIMER Clause in Contracts

SERVICES DISCLAIMER. The Product evaluation by the Listing Agency is limited to the evaluation of the information regarding the Product provided by the Client in the Registration Form, and does not include actual evaluation of the Product itself. In providing the Services, the Listing Agency does not in any way take the place of designers, contractors, manufacturers, producers, importers or sellers of the Products, who, notwithstanding Listing Agency’s actions (direct, indirect, willful or inadvertent), are not released from any of their obligations. The Listing Agency does not fulfill the role of an insurer or a guarantor in respect of the adequacy, quality, merchantability, fitness for purpose, performance of the Products. The listing on the Catalogue covers only those products specifically covered under the scope of the Services agreed with the Client in the Registration Form. Clients remain solely liable for any defect in the Products and shall defend, protect and indemnify the Listing Agency from any and all defects, claims or liability arising from said Products. The Client’s release of any third party from its liabilities, obligations and duties with respect to the Products will not cause the liability to Listing Agency to increase and the Client shall assume and undertake as its own such liabilities, obligations and duties, including unfulfilled liabilities of a third party. Unless specifically agreed to the contrary between the Parties and incorporated into the scope of the Services under the Agreement, any documents provided by the Client, including but not limited to BIS certification or ISO certification, images of the Product provided to the Listing Agency, shall be considered to be for information only, without either extending or restricting Listing Agency’s scope of Services or obligations under the Agreement. Listing on the Catalogue is based only on the documents and other information provided to the Listing Agency and actually reviewed by the Listing Agency for the performance of the Services. The Listing Agency cannot be held liable for any error, omission, or inaccuracy in the Catalogue to the extent that Listing Agency has been given erroneous or incomplete information by the Client or its Representatives or otherwise. The listing of the Product on Catalogue does not exempt Clients from their legal obligations in respect of delivery of the products or any services to their clients. Nothing in this Clause 3 (Services Disclaimer) shall cause prejudice to the provisions of Clause 14.1 (Limitation of Liability). The Client shall: Co-operate with the Listing Agency in all matters relating to the Services; and Provide the Listing Agency in a timely manner, such information as Listing Agency may require for the proper performance of the Services and ensure that such information is accurate in all material respects. REGISTRATION AND FEES On receipt of the completed Registration Form from the Client, the Listing Agency shall review the information provided by the Client in the Registration Form. On review of the Registration Form, if the Listing Agency decides to allow the Product to be listed on the Catalogue, it shall notify the Client about its decision (“Listing Notice”). On receipt of the Listing Notice, and if deemed eligible for listing by the Listing Agency, the Client shall pay a one-time registration fee to the Listing Agency as mentioned in the Registration Form within thirty (30) days of the receipt of the Listing Notice (“Registration Fee”). The Product will be listed on the Catalogue only after receipt of the Registration Fee by the Listing Agency.