Warranties and Liabilities. You acknowledge and agree that: a) We do not warrant the operability or functionality of Mobile Payment Services for Small Business or that it will be available to complete a Transaction; b) We do not warrant that any particular merchant will offer the payment method accessed through Mobile Payment Services for Small Business; and c) We do not guarantee the availability or operability of any wireless networks or of any Mobile Device. You understand that You should keep Your physical Debit Card with You to use in the event Mobile Payment Services for Small Business are unavailable for whatever reason. Furthermore, You explicitly exclude Us, all partners and associated service providers from all liability whatsoever in relation to Mobile Payments Services for Small Business, and by extension their respective directors, officers and employees, including, without limitation, any liability in relation to the sale, distribution, use or the performance or non-performance of Mobile Payments Services for Small Business. You acknowledge and confirm ownership of the respective intellectual property rights by the Financial Institution and its partners and associated service providers.
Warranties and Liabilities. 6.1 The Contract constitutes the entire agreement between the parties. The Customer acknowledges that it has not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of the Supplier which is not set out in the Contract.
6.2 The Supplier cannot guarantee and does not warrant that the Services will be free of interruptions or will be fault-free and we will not be held liable for any loss or damages should the Services be interrupted from time to time. You accept that there may also be degradations in the quality of the Service from time to time and that we will not be liable for any loss or damages should the quality of the Service we provide be affected by such matters.
6.3 The Supplier shall under no circumstances whatsoever be liable to the Customer whether in contract tort (including negligence), breach of statutory duty, or otherwise, for:
6.4 indirect or consequential loss, loss of profits, business revenue, goodwill or any economic loss arising under or in connection with the Contract; or,
6.5 any claim arising as a result of the default of the network provider or any other third party or faults in the service provided by the network provider or any other third party;
6.6 any claim in circumstances where any sum owing by the Customer to the Supplier has not been paid;
6.7 the imposition of legal or regulatory restrictions which prevent the Supplier from supplying the Service;
6.8 any unavailability of the Service or reduced performance as a result of (i) the suspension of the Service in accordance with these Terms or (ii) the lawful termination, suspension or limitation of any other services that the Supplier provides to the Customer.
6.9 The Supplier shall not be held liable for any costs associated with fraudulent calls made via the Service howsoever caused, and the Customer agrees to take all reasonable steps to ensure that this does not happen. These steps must include, but are not limited to, ensuring that all available security measures are installed/employed within their telephone systems. Non-compliance may result in exclusion of any Anti-Fraud protection offered by the Supplier.
Warranties and Liabilities. I acknowledge and agree that: (a) my Credit Union does not warrant the operability or functionality of the Mobile Payment Service or that it will be available to complete a transaction; (b) my Credit Union does not warrant that any merchant will offer the payment method accessed through the Mobile Payment Service; and (c) my Credit Union does not guarantee the availability or operability of any wireless networks or of any mobile device. I understand that I should keep my physical Debit Card with me to use in the event the Mobile Payment Service is unavailable for whatever reason. Furthermore, I explicitly exclude my Credit Union, all partners and associated service providers from all liability whatsoever in relation to the Mobile Payments Service, and by extension their respective directors, officers and employees, including, without limitation, any liability in relation to the sale, distribution, use or the performance or non- performance of the Mobile Payments Service. I acknowledge and confirm ownership of the respective intellectual property rights by my Credit Union, its partners and associated service providers.
Warranties and Liabilities. 9.1 Publisher hereby warrants to Customer that it has full power to enter into and perform this Agreement and that so far as it is aware Subscription does not violate or infringe any existing copyright, licence or third-party rights.
9.2 Customer hereby warrants to Publisher that it has full power to enter into and perform this Agreement.
9.3 Publisher shall use reasonable endeavours to ensure that Subscription is accurate, error-free and uncorrupted, but Publisher accepts no liability whatsoever for any loss, claim or damage or any nature, whether direct, indirect, consequential or special (including without limitation, legal fees) suffered or incurred by Customer and alleged to be caused by:
(i) omissions or errors in the Subscription or their consequences; or
(ii) faults in or corruption of Subscription or their consequences, including but not limited to any defects caused by or during the transmission of Subscription across the Internet or by the processing of Subscription by Customer.
9.4 Nothing in this Agreement shall limit or exclude the liability of either party to the other for death or personal injury caused by its negligence or that of its employees, servants or agents.
9.5 Subject to Clauses 9.4 and 9.6, in the event that Customer makes a claim against Publisher for whatever reason, Publisher’s liability (if any) shall not exceed the price paid or to be paid by the Customer for the Subscription. Under no circumstances shall Publisher be liable for any consequential, indirect or special losses howsoever arising or for any loss of profits, revenue, interest, goodwill, business and/or savings (whether direct or indirect).
9.6 Publisher shall indemnify and hold Customer harmless from and against any direct loss, damage, cost, liability or expense (including reasonable legal and professional fees) arising out of any legal action taken against Customer by a third party claiming Subscription is in actual or alleged infringement of their intellectual property rights. This indemnity is subject to (a) the Customer promptly notifying the Publisher of any claim or action, (b) the Publisher having sole control of such claim or action, and (c) the Customer not making any admission of liability or agreeing to settle or compromise the claim or action. This indemnity shall survive the termination of this Agreement for any reason. This indemnity shall not apply if Customer has amended Subscription in any way to the extent that such amendment is the cause of the...
Warranties and Liabilities. 6.1. If, for any reason, a third party should file a claim against GS/OAS, either directly or through DSD, in relation to this Agreement and/or in relation to execution of the Project, the Institution shall be considered as the principal vis-à-vis the claimant and as the sole party obligated to respond. The Institution shall further be required to indemnify GS/OAS for any damages GS/OAS may suffer as a result of these third- party claims, including court costs and attorneys’ fees, should these damages arise from failure or negligence on the part of the Institution or its agents to fully abide by terms of this Agreement.
6.2. GS/OAS may require the Institution to obtain insurance policies covering the risks associated with implementing this Agreement.
6.3. Except as otherwise stated in this Article VI, each Party shall be exclusively responsible for its own actions and omissions in relation to this Agreement.
6.4. In the event that the Institution is unable to continue with the execution of this Agreement, all products and materials including, but not limited to software, databases, website domains and their contents, files and hardware, and tools acquired or developed through the implementation of this Agreement shall be returned to GS/OAS in certified good and workable condition at no cost to the Director of DSD in Washington D.C. within 60 days.
Warranties and Liabilities. 9.1 Except as specifically provided in Articles 2.6, 2.9 and 2.10 hereof, Xxxx makes no representation or warranty with respect to any of Xxxx' Know-How furnished to Licensee under this Agreement. Without limiting the generality of this Article 9.1, Licensee hereby specifically acknowledges and agrees that Xxxx makes no representation or warranty whatsoever that Licensee will derive any benefit from any of Xxxx' Know-How, Xxxx' Intellectual Property Rights, or any of the rights and licenses granted by Xxxx to Licensee under this Agreement.
9.2 EXCEPT AS SPECIFICALLY PROVIDED IN ARTICLES 2.4 AND 9.1 HEREOF, XXXX MAKES NO OTHER REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, OR NON-INFRINGEMENT, WITH RESPECT TO ANY OF XXXX' INTELLECTUAL PROPERTY, ANY OF XXXX' KNOW-HOW, OR ANY OTHER CONFIDENTIAL INFORMATION DISCLOSED, REVEALED OR OTHERWISE MADE AVAILABLE BY XXXX TO LICENSEE UNDER THIS AGREEMENT.
9.3 Subject to Xxxx' compliance with its product warranty obligations with respect to Memantine under the Supply Agreement, Licensee hereby represents and warrants that all Contract Products manufactured, produced, distributed, marketed, sold and/or used by Licensee shall conform strictly with all of the requirements of Articles 3.6 and 4.3 of this Agreement. Except as specifically provided in Article 10.1 of this Agreement, Licensee shall be solely responsible for any and all claims by any third parties, including, but not limited to, product liability claims, and any and all losses, liabilities, damages, costs and expenses attributable to all such claims, arising from, relating to, or attributable to any of the Contract Products manufactured, produced, distributed, marketed, sold and/or used by Licensee under this Agreement.
9.4 UNDER NO CIRCUMSTANCES WILL XXXX BE LIABLE TO LICENSEE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOST REVENUES OR LOSS OF GOODWILL, WHETHER BASED ON CONTRACT OR TORT, OR ARISING UNDER APPLICABLE LAW OR OTHERWISE, EVEN IF XXXX HAS BEEN PLACED ON NOTICE OF THE POSSIBILITY OF SUCH DAMAGES. XXXX' TOTAL LIABILITY UNDER THIS AGREEMENT SHALL IN NO EVENT EXCEED FIFTY PERCENT (50%) OF THE SUM OF (i) ALL LUMP SUM PAYMENTS ACTUALLY PAID BY LICENSEE TO XXXX UNDER ARTICLE 5.1 HEREOF; AND (ii) ALL ROYALTIES ACTUALLY PAID BY LICENSEE TO XXXX UNDER ARTICLE 5.3 HEREOF.
Warranties and Liabilities. 5.1 Except as expressly provided in these Terms and Conditions, all warranties, conditions or other terms (whether expressed or implied by statute or common law or otherwise) as to the quality of the Services or their fitness for any particular purpose are hereby excluded to the fullest extent permitted by law.
5.2 The Supplier shall not be liable for any indirect or consequential costs, claims, damages, or expenses arising out of any negligent or tortuous act or omission or any breach of contract or statutory duty.
5.3 The Supplier shall not be liable or be deemed to be in breach of its obligations by reason of any delay in performing or failure to perform any of its obligations if the delay or failure was due to any cause beyond the reasonable control of the Supplier.
5.4 It is the Subscribers responsibility to take out insurance if they wish, the Supplier does not offer insurance and are in no way liable for loss/damage caused to the handset(s) or dongle(s). The Subscriber acknowledges and agrees to this.
Warranties and Liabilities. 7.1. BASEC shall provide the Services with reasonable care and skill.
7.2. BASEC shall have no liability to the Customer for any loss, damage, costs, expenses or other claims for compensation, arising from any material or instructions supplied by the Customer which are incomplete, incorrect, inaccurate, illegible, out of sequence or in the wrong form, or arising from their late arrival or non-arrival, or any other fault of the Customer.
7.3. Nothing in these Terms limits or excludes BASEC’s liability for death or personal injury caused by its negligence, fraud or fraudulent misrepresentation, or any other liability which cannot be limited or excluded by applicable law.
7.4. Subject to clause 7.3, BASEC shall not be liable to the Customer, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with the Agreement (whether direct or indirect) for: loss of profits; loss of sales or business or opportunity; loss of agreements or contracts; loss of anticipated savings; loss of or damage to reputation or goodwill; loss of use or corruption of software, data or information; or any special, indirect or consequential loss.
7.5. Subject to clauses7.3 and 7.4, BASEC’s total liability to the Customer, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with an Agreement shall be limited to the amount which has actually been paid by the Customer to BASEC for the provision of the Services under that Agreement.
7.6. The terms implied by sections 3 to 5 of the Supply of Goods and Services Xxx 0000 are, to the fullest extent permitted by law, excluded from this agreement.
7.7. BASEC shall use reasonable endeavors to meet the timescales set out in the Agreement but time shall not be of the essence and BASEC shall not be liable for any losses arising from any delay.
7.8. The Customer acknowledges that Certification does not imply or express any warranty of any kind with respect to the Customer’s product or service. The Customer acknowledges that it is solely responsible for the suitability of any Certified product or service for any purpose, for defects or for failure in service. In addition, BASEC shall not be liable for any claim that the Customer’s product or service infringes the intellectual property rights of any third party.
7.9. The Customer agrees to indemnify BASEC against any losses suffered by or claims made against BASEC a...
Warranties and Liabilities. 8.1 The Company warrants to Whitbread that the Goods will:-
8.1.1 be of satisfactory quality and fit for any purpose held out by the Company or made known to the Company by Whitbread;
8.1.2 be free from defects in design, material and workmanship, and that the Company, upon becoming aware of any defect whatsoever in the Goods immediately notify Whitbread of such defect and confirm the same in writing to Whitbread within three (3) days of such defect being identified;
8.1.3 correspond with any specification or sample;
8.1.4 comply with all statutory requirements and regulations relating to the sale of the Goods
8.2 The Company warrants to Whitbread that the Services will be performed by appropriately qualified and trained personnel acting with due care and diligence and to the best industry standard.
8.3 The Company shall indemnify Whitbread in full against all liabilities, losses, costs, damages, expenses (including legal expenses) and claims made against, awarded against or incurred or paid by Xxxxxxxxx as a result of or in connection with:-
8.3.1 any breach of any warranty given by the Company in relation to the Goods or Services;
8.3.2 any claim that the Goods infringe or their importation use or resale infringes the patent, copyright, design right, trade mark or other intellectual property rights of any other person except to the extent that any such claim arises from compliance with a specification or design supplied by Whitbread;
8.3.3 any liability under the Consumer Protection Act 1987 in respect of the Goods;
8.3.4 any act or omission of the Company or its employees, agents or subcontractors in supplying delivering and installing the Goods or in performing the Services; and
8.3.5 the supply, delivery and installation of the Goods and the performance of the Services provided however that nothing in this sub-clause 8.3.5 shall render the Company liable to indemnify Whitbread insofar as the matter in respect of which Xxxxxxxxx seeks indemnity has been caused by the negligence of Whitbread or its employees acting in the course of their employment.
8.4 Without prejudice to any other remedy, if any Goods or Services are not supplied or performed in accordance with the Agreement, then Whitbread shall be entitled:-
8.4.1 to require the Company to repair the Goods or to supply replacement Goods or Services in accordance with the Agreement within 7 days; or
8.4.2 at Whitbread's sole option, and whether or not Whitbread has previously required the Company to...
Warranties and Liabilities. 9.1 In addition to all other terms and conditions and warranties given or implied by law or otherwise incorporated herein and without prejudice hereto it is a condition of every order placed by and every agreement for purchase entered into by St Austell Brewery, that all Goods or Services ordered and where relevant their packaging will comply strictly and in all respects with the nature, substance, quality, description, specification and quality ordered (and with all samples, if any accepted by St Austell Brewery in writing).
9.2 Whenever the Supplier pursuant to any order or purchase agreement attends premises under the control of St Austell Brewery, the Supplier will comply with all instructions, notices and regulations whether statutory or otherwise relating to the security and safety of the premises and of all persons in or about those premises.
9.3 The Supplier shall indemnify St Austell Brewery against all costs, charges, claims and demands in respect of damage or injury to property or persons or any other claim whatsoever and howsoever arising as a result of any defect in the Goods or Services for which the Supplier or the employees, sub-contractors or agents of the Supplier are responsible. The Supplier shall ensure that it maintains in force with an insurer of good reputation and security a policy of public liability insurance with a deductible level not exceeding £10,000,000 which will settle the Supplier’s liability to St Austell Brewery in the event that the Supplier shall not have sufficient funds to do so itself. The Supplier shall send St Austell Brewery a copy of their public liability insurance certificate each year when it is renewed. The Supplier shall ensure that any sub-contractors also maintain adequate insurance having regard to the obligations under this Agreement.
9.4 The Supplier shall be responsible for any property of St Austell Brewery issued to the Supplier in connection with any order or agreement and shall indemnify St Austell Brewery against expenses, claims, liabilities, loss or damage thereto
9.5 In addition to all other terms and conditions and warranties given or implied by law or otherwise incorporated herein and without prejudice the Supplier warrants that all Goods or Services supplied to St Austell Brewery by the Supplier (including all packaging, labels and descriptive matter) and the method of transportation and storage thereof and all Services supplied will comply with all United Kingdom legislation, regulations ...
