Skill and Care. The Company warrants that for the term of the Agreement the Services will be performed using reasonable skill and care in a timely and professional manner using appropriately skilled, qualified and experienced personnel. The Services to be provided under this Agreement shall be provided on a time and materials basis only, unless specifically agreed to the contrary in writing signed by a director of the Company. The Company shall not be responsible for providing any Deliverable unless specifically stated in a Work Statement.
Skill and Care. (a) The Contractor warrants to the Principal that:
(1) the Contractor and Contractor’s Personnel have the skill, expertise, resources and experience required to perform the Services;
(2) the Contractor will provide the Services in accordance with the reasonable directions from the Principal from time to time; and
(3) the Services will be performed using a high standard of skill, care and diligence and in accordance with Good Industry Practice.
(b) The Contractor acknowledges that the Principal is relying on the Contractor’s expertise, skill and judgement in the Contractor’s performance of the Services.
Skill and Care. 2.1 The Consultant undertakes with and warrants to the Beneficiary that:-
2.1.1 in carrying out and performing the services under or in connection with the Appointment, the Consultant has exercised and will continue to exercise all the reasonable skill, care and diligence to be expected of a competent and appropriately qualified member of the Consultant’s profession who is experienced of and who holds himself out as being experienced in carrying out services equivalent to those undertaken by the Consultant under the Appointment in connection with developments of the same type, complexity, value and timescale to the Development;
2.1.2 the Consultant has exercised and will continue to exercise the standard of skill, care and attention referred to in Clause 2.1.1 not to specify any products or materials for use in the Project which at the time of use:-
(a) do not conform with British and European Standards or Codes of Practice; or
(b) are generally known within the Consultant's profession to be deleterious, in the particular circumstances in which they are specified for use, to health and safety and/or the durability of the building or structure or structure in which they are used;
2.1.3 it has carried out and will continue to carry out the duties and obligations on its part to be performed under the Appointment.
2.2 The Consultant shall have no greater liability to the Beneficiary, and shall owe to the Beneficiary no greater a standard of duty under this Agreement than would have been owed if the Beneficiary had been named as the Employer under the Appointment. If a claim is brought against the Consultant by the Beneficiary the Consultant may rely on any defence or limitation available to it under the terms of the Appointment save that the Consultant may not raise by way of defence or set off or abatement or to bring any counterclaim in respect of any monies due to it under or in connection with the Appointment. The Consultant may not plead a ‘no-loss’ defence, including one based on an argument that since the Employer under the Appointment has not suffered a loss then the Beneficiary is not entitled to recover a loss it has suffered or that the Beneficiary’s loss is irrecoverable because it would not be foreseeable that the Employer under the Appointment would suffer such a loss.
Skill and Care. SNBTS shall use all reasonable skill and care in the provision of the Services consistent with the standards of practice within the industry.
Skill and Care. The Consulting Engineer shall exercise reasonable skill, care and diligence in the performance of the Services.
Skill and Care. The Intermediary must exercise reasonable care and skill in performing the Intermediary’s duties under this Agreement.
Skill and Care. The Sub-Contractor undertakes with and warrants to the Beneficiary that:-
Skill and Care. 3.1. The Supplier warrants that the Services will be performed by appropriately qualified, trained and competent personnel with all due care, skill and diligence, in accordance with best industry practice and to the highest standard of quality as it is reasonable for DBC UK to expect.
Skill and Care. 4.2.1 In providing the Services to the Contract Standard the Consultant shall use reasonable skill and care to be expected of an appropriately qualified and competent Consultant.
4.2.2 In providing the Services the Consultant the Lead Consultant and all persons employed to provide the Services who have access to Confidential Information which is processed for and on behalf of HEHOC shall be fully trained and aware of their duties and responsibilities under the Data Protection Xxx 0000.
Skill and Care. 6.1 The Supplier warrants that for the term of the Agreement the Services will be performed using reasonable skill and care in a timely and professional manner using appropriately skilled, qualified and experienced personnel. The Services to be provided under this Agreement shall be provided in accordance with the fee structure in Section 8, unless specifically agreed to the contrary in writing signed by a director of the Supplier. The Supplier shall not be responsible for providing any Deliverable unless specifically stated in a Work Statement.
