Common use of Warranties and Liabilities Clause in Contracts

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. 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 8.1 The Supplier cannot guarantee and does not warrant that the Services Service will never be free faulty. 8.2 Subject to the conditions set out below, the Supplier shall pass to the Customer (to the extent that the Supplier is legally entitled to do so) the benefit of interruptions any manufacturer’s warranty. 8.3 Where a valid claim is made in writing by the Customer in respect of Equipment that is defective or will be fault-free does not meet the specifications detailed in the Network Service Agreement the Supplier shall repair the defect provided that the Customer is not in breach of any of the terms of the Contract but the Supplier shall have no further liability whatsoever. 8.4 Subject as expressly provided in these Terms, and we will except where the Equipment is sold to a person dealing as a consumer (within the meaning of the Unfair Contract Terms Act 1977), all other warranties, terms or conditions implied by statute or common law arising out of or in connection with the supply of the Equipment or resale of the Equipment by the Customer are excluded to the fullest extent permitted by law. The Supplier’s prices are determined on this basis. 8.5 The Supplier’s employees or agents are not be held liable authorised to make any representations about the Service unless confirmed by the Supplier in writing. In entering into the Contract the Customer acknowledges that it does not rely on, and waives any claim it may have for damages for or right to rescind the Contract 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 such representations which are not so confirmed (unless such representations were fraudulently made). 8.6 The Supplier shall not be liable for any loss advice or damages should recommendation about the quality Contract given by the Supplier or its employees or agents to the Customer or its employees or agents that is not confirmed in writing by the Supplier. The Customer acts on such unconfirmed advice or recommendation entirely at the Customer’s own risk. The Customer confirms that it has not been induced to enter into this Contract on the basis of any representations of the Service we provide be affected by such mattersSupplier that have not been confirmed in writing. 6.3 8.7 The Supplier shall under have no circumstances whatsoever be liable liability whatsoever: 8.7.1 in respect of any defect arising from fair wear and tear, wilful damage, negligence (including improper storage), improper installation, use or maintenance, abnormal working conditions, failure to follow the Supplier’s instructions (whether oral or in writing), misuse or alteration or repair of the Equipment without the Supplier’s approval; 8.7.2 if any sum owing by the Customer to the supplier has not been paid. 8.7.3 if loss is suffered by 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 because the Contract; or, 6.5 any claim arising as a result of Equipment fails to perform to its specifications due to the default of the network provider or any other third party or faults party. 8.8 Save as otherwise expressly provided in these Conditions, the service provided by following provisions set out the network provider or Supplier’s entire liability (including any other third partyliability for the acts and omissions of its employees, agents and sub-contractors) to the Customer in respect of: 8.8.1 any breach of the Supplier’s contractual obligations arising under the Contract; 6.6 8.8.2 any claim representation (other than fraudulent misrepresentation) statement or tortuous act or omission (including negligence) arising under or in circumstances where connection with the Contract. AND THE CUSTOMER’S ATTENTION IS PARTICULARLY DRAWN TO THE FOLLOWING PROVISIONS OF THIS CLAUSE 8 8.9 Any act or omission on the part of the Supplier or its employees, agents or subcontractors falling within clause 8.8 above is described as an “Event of Default”. 8.10 That part of the Supplier’s liability to the Customer for death or injury resulting from the Supplier’s negligence, or the negligence of the Supplier’s employees’, agents’ or subcontractors that the law does not permit the Supplier to exclude shall be unlimited. 8.11 To the extent the law does not permit such liability to be excluded and save as otherwise expressly provided, the Supplier’s entire liability in respect of any sum owing Event of Default shall be limited to damages of an amount equal to the price paid by the Customer for the Service and Equipment over the three month period preceding the Event of Default. 8.12 Subject to condition 9.9 above, the Supplier shall not be liable to the Supplier has not been paid; 6.7 Customer in respect of any Event of Default for any increased costs, expenses, loss of profits, goodwill, business, contracts, revenues or anticipated savings or any type of special, indirect or consequential loss (including loss or damage suffered by 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 Customer as a result of (ian action brought by a third party) even if such loss was reasonably foreseeable or the suspension Supplier had been advised of the Service in accordance with these Terms or (ii) possibility of the lawful termination, suspension or limitation of any other services that Customer incurring the Supplier provides to the Customersame. 6.9 8.13 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. 8.14 The Supplier shall not be liable to the Customer, or be deemed to be in breach of the Contract, by reason of any delay in performing, or any failure to perform, any of the Seller’s obligations, if the delay or failure was due to any cause beyond the Seller’s reasonable control including (without limitation) flood, fire, war or threat of war, sabotage, civil disturbance or governmental action, import or export regulations or embargoes. 8.15 The Customer shall fully indemnify the Supplier in respect of loss or damage to the Supplier’s property or death of any of the Supplier’s employees caused by the negligence or wilful misconduct of the Customer.

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 8.1 The Supplier cannot guarantee and does not warrant that the Services Service will never be free faulty. 8.2 Subject to the conditions set out below, the Supplier shall pass to the Customer (to the extent that the Supplier is legally entitled to do so) the benefit of interruptions any manufacturer’s warranty. 8.3 Where a valid claim is made in writing by the Customer in respect of Equipment that is defective or will be fault-free does not meet the specifications detailed in the Network Service Agreement the Supplier shall repair the defect provided that the Customer is not in breach of any of the terms of the Contract but the Supplier shall have no further liability whatsoever. 8.4 Subject as expressly provided in these Terms, and we will except where the Equipment is sold to a person dealing as a consumer (within the meaning of the Unfair Contract Terms Act 1977), all other warranties, terms or conditions implied by statute or common law arising out of or in connection with the supply of the Equipment or resale of the Equipment by the Customer are excluded to the fullest extent permitted by law. The Supplier’s prices are determined on this basis. 8.5 The Supplier’s employees or agents are not be held liable authorised to make any representations about the Service unless confirmed by the Supplier in writing. In entering into the Contract the Customer acknowledges that it does not rely on, and waives any claim it may have for damages for or right to rescind the Contract 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 such representations which are not so confirmed (unless such representations were fraudulently made). 8.6 The Supplier shall not be liable for any loss advice or damages should recommendation about the quality Contract given by the Supplier or its employees or agents to the Customer or its employees or agents that is not confirmed in writing by the Supplier. The Customer acts on such unconfirmed advice or recommendation entirely at the Customer’s own risk. The Customer confirms that it has not been induced to enter into this Contract on the basis of any representations of the Service we provide be affected by such mattersSupplier that have not been confirmed in writing. 6.3 8.7 The Supplier shall under have no circumstances whatsoever be liable liability whatsoever: 8.7.1 in respect of any defect arising from fair wear and tear, wilful damage, negligence (including improper storage), improper installation, use or maintenance, abnormal working conditions, failure to follow the Supplier’s instructions (whether oral or in writing), misuse or alteration or repair of the Equipment without the Supplier’s approval; 8.7.2 if any sum owing by the Customer to the supplier has not been paid. 8.7.3 if loss is suffered by 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 because the Contract; or, 6.5 any claim arising as a result of Equipment fails to perform to its specifications due to the default of the network provider or any other third party or faults party. 8.8 Save as otherwise expressly provided in these Conditions, the service provided by following provisions set out the network provider or Supplier’s entire liability (including any other third partyliability for the acts and omissions of its employees, agents and sub-contractors) to the Customer in respect of: 8.8.1 any breach of the Supplier’s contractual obligations arising under the Contract; 6.6 8.8.2 any claim representation (other than fraudulent misrepresentation) statement or tortuous act or omission (including negligence) arising under or in circumstances where any sum owing by connection with the Contract. AND THE CUSTOMER’S ATTENTION IS PARTICULARLY DRAWN TO THE FOLLOWING PROVISIONS OF THIS CLAUSE 8 8.9 Any act or omission on the part of the Supplier or its employees, agents or subcontractors falling within clause 8.8 above is described as an “Event of Default”. 8.10 That part of the Supplier’s liability to the Customer to for death or injury resulting from the Supplier’s negligence, or the negligence of the Supplier’s employees’, agents’ or subcontractors that the law does not permit 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 Customerexclude shall be unlimited. 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. 6.1 The (Duration of 12 months from date of completion of Stancold works unless otherwise stated) 7.1. Except where the Client is dealing as a "consumer" (as defined in the Unfair Contract constitutes Terms Act 1977 s.12 or the entire agreement between Unfair Terms in Consumer Contract Regulations 1999) all warranties conditions or terms relating to satisfactory quality or condition of the partiesGoods and whether implied by statute or common law or otherwise are excluded. 7.2. The Customer acknowledges that it has Contractor may from time to time make changes in the specification of the Goods which are required to comply with any applicable safety or statutory requirements or which do not relied on materially affect the satisfactory quality of the Goods. 7.3. The Contractor shall not be liable to the Client or be deemed to be in breach of the Contract by reason of any statementdelay in performing or any failure to perform any of the Contractor’s obligations in relation to the Goods and/or Services if the delay or failure was due to any reason outside of the Contractor's reasonable control. For the avoidance of doubt, promisethe Contractor shall not be liable for delays arising from acts or omissions of the Client or his agents, representationemployees, assurance representatives, sub-contractors or warranty made the Contract Administrator; transport breakdowns or given shipping delay; or Force Majeure. 7.4. Where any Goods and/or Services (or any part thereof) are shown to the reasonable satisfaction of the Contractor to be defective by reason of faulty materials (other than those supplied by the Client) or workmanship or design (other than a design submitted or specified by, or on behalf of, the Client) the Contractor shall at its sole option: 7.4.1 Deliver replacement Goods and/or supply further remedial Services to the Client free of charge; and/or 7.4.2 Refund to the Client the price of such Goods and/or Services; and/or 7.4.3 Require the Client to retain the Goods and/or Services and grant to the Client a reasonable allowance in respect of such defects. 7.5. The Client must notify the Contractor in writing, detailing the alleged defect, within seven days of the Supplier date upon which the Client shall reasonably have become aware of the defect. Following delivery of the Goods or completion of the Services, the Contractor shall be liable to rectify defects in the Goods or Services (for which it is not set responsible under the terms of this Contract) during the Defects Liability Period. 7.6. Where parts, materials or equipment are supplied by manufacturers to the Contractor the Contractor may (at the Contractor's absolute discretion), so far as the same is assignable without consent or further payment (unless the Client is willing to pay such sum), assign the benefit of any warranty or guarantee given by the manufacturer to the Contractor. 7.7. The Client shall provide reasonable access to the Contractor to investigate and rectify any alleged defects. If so required by the Contractor all Goods alleged to be defective are to be made available for collection by the Contractor by the Client. 7.8. The liability of the Contractor under clause 7.4 shall be accepted by the Client in substitution for and to the exclusion of any other claims for direct loss or damage which the Client has or may have. 7.9. If only part of the Goods delivered or Services carried out are defective the Client shall accept the balance of the Goods and / or Services and be liable to pay the price for those Goods and / or Services reduced pro rata in accordance with the proportion of the Goods and /or Services which have been delivered and / or carried out in accordance with the Contract. 6.2 The Supplier can7.10. Any claim for missing Goods or non-delivery must be notified by the Client to the Contractor in writing within three days of receipt of the Goods or (as the case may be) the delivery documents or the relevant invoice and to the carrier (where relevant) within the carrier’s specified time limit. 7.11. If delivery of Goods is not guarantee refused or notified in accordance with clause 7.10, and the Client does not warrant that notify the Services will Contractor of any defects within seven days from the date of delivery, the Client shall be free deemed to have accepted the delivery 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 timeGoods. 7.12. You accept that there may also be degradations Save where the Client is dealing as a "consumer" (as defined in the quality Unfair Contract Terms Act 1977 s.12 or the Unfair Terms in Consumer Contract Regulations 1999), and save for liability in respect of death and / or personal injury for which the Contractor is responsible, unless otherwise specified in the Contract or agreed by the Contractor in writing the total aggregate liability of the Service from time to time and that we will not be liable for Contractor in respect of any loss claims or damages should demands made by the quality Client under the Contract or otherwise in respect of the Service we provide Goods and/or Services shall be affected by such matterslimited to the amount of the price payable under the Contract to the Contractor in respect of the Goods and/or Services. 6.3 The Supplier 7.13. Notwithstanding any other clause of this Contract, the Contractor shall under no circumstances whatsoever not be liable to the Customer Client, whether in contract tort (including negligence), breach of statutory duty, under this Contract or otherwiseotherwise at law, for: 6.4 7.13.1 Any loss of profit, economic loss, special, indirect or consequential loss, loss of profits, business revenue, goodwill or any economic loss arising under or in connection with damages howsoever arising; 7.13.2 Any liability to third parties incurred by the ContractClient; or, 6.5 7.13.3 Any statement or representation made by any claim arising as a result employee or agent of the default of Contractor unless such statement or representation is confirmed in writing on the network provider or any other third party or faults in the service provided Contractor’s headed notepaper and approved 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 CustomerContractor. 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. 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-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 If the Customer uses the SIP service to make Emergency Calls, the location information received by the emergency services will be liable limited to the installation address of the Site, which may not be the location from which the call originated, and as such the Customer whether in contract tort (including negligence), breach may be required to provide information about the Customer’s location to the emergency services to allow them to respond; Emergency Calls made using the Service may fail if there is a power failure or connection failure. In the event of statutory duty, or otherwise, for:a power failure it is your responsibility to ensure that you have the means to make emergency calls. 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. 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-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. 6.1 The Contract constitutes the entire agreement between the parties6.1. The Customer acknowledges that it has service provided by the Supplier is not relied on any statementwarranted to be fault free. 6.2. Subject as expressly provided in these Terms, promise, representation, assurance or warranty made or given by or on behalf and except where the Equipment is sold to a person dealing as a consumer (within the meaning of the Supplier which is not set Unfair Contract Terms Act 1977), all other warranties, terms or conditions implied by statute or common law arising out of or in connection with the Contractsupply of the Equipment or resale of the Equipment by the Customer are excluded to the fullest extent permitted by law. The Supplier’s prices are determined on this basis. 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 time6.3. 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 have no circumstances liability whatsoever be liable if any sum owing by the Customer to the supplier has not been paid. 6.4. Save as otherwise expressly provided in these Conditions, the following provisions set out the Supplier’s entire liability (including any liability for the acts and omissions of its employees, agents and sub-contractors) to the Customer whether in contract tort respect of: 6.4.1. any breach of the Supplier’s contractual obligations arising under the Contract; 6.4.2. any representation (other than fraudulent misrepresentation) statement or tortious act or omission (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 act or omission on the part of the Supplier or its employees, agents or sub-contractors falling within clause 6.4 above is described as an “Event of Default”. 6.6. That part of the Supplier’s liability to the Customer for death or injury resulting from the Supplier’s negligence, or the negligence of the Supplier’s employees’, agents’ or sub-contractors that the law does not permit the Supplier to exclude shall be unlimited. 6.7. To the extent the law does not permit such liability to be excluded and save as otherwise expressly provided, the Supplier’s entire liability in respect of any Event of Default shall be limited to damages of an amount equal to the price paid by the Customer for the Service and Equipment over the three-month period preceding the Event of Default. 6.8. Subject to condition 6.5 above, the Supplier shall not be liable to the Customer in respect of any claim arising Event of Default for any increased costs, expenses, loss of profits, goodwill, business, contracts, revenues or anticipated savings or any type of special, indirect or consequential loss (including loss or damage suffered by the Customer as a result of an action brought by a third party) even if such loss was reasonably foreseeable or the default Supplier had been advised 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 possibility of the Customer to incurring 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 Customersame. 6.9 6.9. The Supplier shall not be held liable to the Customer, or be deemed to be in breach of the Contract, by reason of any delay in performing, or any failure to perform, any of the Seller’s obligations, if the delay or failure was due to any cause beyond the Seller’s reasonable control including (without limitation) flood, fire, war or threat of war, sabotage, civil disturbance or governmental action, import or export regulations or embargoes. 6.10. The Customer shall fully indemnify the Supplier in respect of loss or damage to the Supplier’s property or death of any of the Supplier’s employees caused by the negligence or wilful misconduct of the Customer. 6.11. The Customer agrees that it shall be solely liable for and, if so required, indemnify the Company for any costs associated of or occasioned by any interference with and/or usurpation of and/or unauthorised access to the calls (whether incoming or outgoing) provided by the Telephone Call Service by any third party whether such interference or usurpation is a part of a fraud, attempted fraud or any course of action with fraudulent calls made via the Service howsoever caused, and the intent or otherwise. The Customer further 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 it will pay any sum demanded in exclusion of any Anti-Fraud protection offered writing by the SupplierCompany under this clause 6.11 forthwith to the Company.

Warranties and Liabilities. 6.1 5.1 The Contract constitutes Company warrants to 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 Client that the Services will be free provided using reasonable care and skill and, as far as reasonably possible, in accordance with the Agreement and at the intervals and within the times referred to in the Agreement. 5.2 The Client acknowledges that the Company has no detailed knowledge of interruptions the nature or will value of the contents of the Premises and is not an insurer, that it cannot obtain unlimited insurance cover for its potential liability under contracts such as this and there are some risks against which the Company cannot obtain insurance. The Client does (or should) know the nature or value of the contents of the Premises and agrees that since the potential loss or damage which the Client or End-User might suffer is likely to be faultdisproportionate to the sums that can reasonably be charged by the Company, and taking into consideration the opportunity afforded to the Client to negotiate the terms of any limitations and exclusions set out in this Agreement, the Client acknowledges that it is fair and reasonable for the Company to limit and exclude its liability. In particular, the Client agrees and acknowledges that the exclusions and financial caps set out in this Agreement are fair and reasonable. 5.3 The Client acknowledges that insurance is available and that the End-free User and, where applicable, the Client, should take out and we maintain for the term of the Agreement reasonable and adequate insurance to cover potential loss, damage or liability and for the property that is located at the Premises and agrees to disclose to any End-User these Terms and in particular the contents of this clause 5.3 to each End-User. 5.4 The Company shall have no liability to the Client or End-User for any loss, damage, costs, expenses or other claims for compensation arising from any information, material or instructions supplied by the Client, End-User or any third party 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 or omission of the Client, End-User or any third party. 5.5 Nothing in this Agreement limits or shall be deemed to limit any liability which cannot legally be limited, including but not limited to liability for: 5.5.1 death or personal injury caused by negligence; 5.5.2 fraud or fraudulent misrepresentation; and 5.5.3 breach of the terms implied by section 12 of the Sale of Goods Xxx 0000 or section 2 of the Supply of Goods and Services Xxx 0000 (title and quiet possession). 5.6 The Company shall be liable for physical damage to tangible property of the Client and/or End-User resulting from its negligence provided that without prejudice to clause 5.5, the Company’s total aggregate liability per event or series of related events for such loss or damage will not in any event exceed the sum of ten thousand pounds (£10,000). 5.7 Subject to clause 5.5 and except in respect of death or personal injury caused by the Company’s negligence, or as expressly provided in these Terms, the Company shall not be held liable to the Client and/or End-User by reason of any representation, misrepresentation (unless fraudulent), tortious act or omission, negligence, or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the Agreement, for any loss of profit, loss of business, depletion of goodwill, loss of savings, loss of goods, loss of data, loss of contract or damages should any indirect, special or consequential or pure economic loss, damage, costs, expenses or other claims (whether caused by the negligence or breach of contract of the Company, its servants or agents or otherwise) which arise out of or in connection with the provision of the Services be interrupted from time to time. You accept that there may also be degradations or their use and, except as expressly provided in these Terms, the quality entire liability of the Service from time Company per event or series of related events under or in connection with the Agreement whether in contract, tort or otherwise shall not exceed the sum of ten thousand pounds (£10,000). 5.8 The Company shall not be liable to time the Client/End-User or be deemed to be in breach of the Agreement by reason of any delay in performing, or any failure to perform, any of the Company’s obligations in relation to the Services, if the delay or failure was due to any cause beyond the Company’s reasonable control and which constitutes an event of Force Majeure under clause 11.11. 5.9 The Communications Links and some parts of the Control Room Equipment are provided by independent organisations which are not under the Company’s control. The Company does not accept responsibility for any transmission or details of an Event failing to reach the Control Room because of a failure or any other problem whatsoever with any Communications Link or liability for any resulting non- performance of the Services. 5.10 Subject to clause 5.5 of this Agreement and except in respect of death or personal injury caused by the Company’s negligence, the Company excludes and shall in no circumstances have any liability for breach of contract or negligence where the Customer fails to notify the Company of any claim in respect of such liability within 30 days of it becoming aware of the event, incident, circumstance or occurrence which may or does give rise to such liability. 5.11 The Client hereby acknowledges, agrees and recognises that the Company will be using the Control Room or its personnel for its own general purposes and for providing services to other persons and the Client expressly agrees that the Company shall have no duty of confidentiality to the Client and/or the End-User in respect of the Agreement or the details of Events communicated via the Communication Links and the Services are a shared service with other customers of the Company and shall notify the End-Users accordingly. 5.12 The Client acknowledges that the Company is under no obligation to maintain, repair, service, replace, operate or assure the operation of any equipment or device not provided by the Company including without limitation, the Communications Link serving the Premises and any other relays or other facilities required to connect the Premises to the Communications Link and that we will the Company shall not be liable for any loss or damages should damage resulting in the quality failure or inadequate performance of any such equipment or device or link. 5.13 The Client further acknowledges that: 5.13.1 the Services are intended only to reduce the risk of loss of and damage to property and injury to persons on the Premises to the extent that it is reasonably practicable by use of such Services; 5.13.2 the Services do not include any acts or services which would constitute law enforcement or other services falling within the duties of the Service we provide Police; 5.13.3 the Client agrees that the Company shall not otherwise than as expressly set out in these Terms, be affected liable for any loss of or damage to the Premises or any property therein caused by such matters.any breaking in, attempted breaking in, theft or malicious damage, riot or civil commotion, by reason of failure in the Services; 6.3 The Supplier 5.13.4 the Charges are based solely on the value of the Services and are unrelated to the value of any property at the Premises; and 5.13.5 the Company shall under no circumstances whatsoever not be liable to the Customer whether in contract tort Client for advice given outside the scope of the Services. 5.14 The Client agrees to indemnify and keep indemnified the Company against all liabilities, costs, expenses, damages and losses (including negligence)any direct, breach of statutory duty, or otherwise, for: 6.4 indirect or consequential losslosses, loss of profitsprofit, business revenueloss of reputation and all interest, goodwill penalties and legal and other reasonable professional costs and expenses) suffered or incurred by the Company arising out of or in connection with:- 5.14.1 a claim brought by the End-User or any economic loss arising under third party against the Company in tort or otherwise in connection with the Contract; or,Services; 6.5 5.14.2 any claim arising liability of the Company for personal injury or death suffered by an employee of the Company caused by any negligence of the Client or End-User or its officers, employees, agents or sub-contractors, or any breach by the Client or End-user of any statutory duty owned by the Client or End-User, or otherwise occurring in the course of the performance by that employee of any of the Services. 5.15 Notwithstanding this clause 5, nothing contained in these Terms is intended to limit any right the Client may have as a result Consumer under applicable law or other statutory rights or to exclude liability of the default Company for death or personal injury caused by the Company’s negligence. 5.16 The Client shall not, without the prior written consent of the network provider Company, at any time during the term of the Agreement or within 12 months after the last date of supply of the Services, solicit or entice away from the Company or employ or attempt to employ any other third party person who is, or faults has been, engaged as an employee of the Company 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 provision 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 CustomerServices. 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. 6.1 The Contract constitutes 5.1 RECIPIENT hereby represents and warrants that: 5.1.1 it has obtained all operating licenses or government authorizations required for engaging in business; 5.1.2 it is not an individual, but rather an entity, organisation, merchant or business using or purchasing goods or services provided or sold by Air Transport Industry Participants and accessing and using the entire agreement between Site solely for business purposes; 5.1.3 it is not a party to the partiesChapter B16 Standard Agreement for SIS Participation, to the [Standard Participation Agreement for SIS e-Invoicing Services – Non Transportation] or to any variations of such agreements with IATA; 5.1.4 it owns or has obtained all required rights, consents and waivers in respect of any and all RECIPIENT Data, including in relation to its collection, processing, provision, use, disclosure, validation, disposal, storage, anonymization, deletion and/or management as part of or in relation to this Agreement or the Site and all required rights, consents and waivers otherwise necessary for the purposes of this Agreement, the whole in compliance with all applicable laws, including data privacy and data security laws; 5.1.5 it shall use, handle, protect, dispose of and otherwise deal with any and all data of any and all other users made available to it via the Site and/or otherwise by or through IATA solely for the purposes contemplated by this Agreement and in compliance with the terms and conditions of this Agreement and all applicable laws, and with a degree of care at least as high as the one that is applied to its own RECIPIENT Data hereunder; 5.1.6 it shall be responsible for ensuring that RECIPIENT Data or any attachment supplied by itself, its respective employees, agents, and contractors does not contain or introduce any Destructive Elements. The Customer acknowledges If RECIPIENT becomes aware that a Destructive Element has been so introduced, RECIPIENT shall eliminate the effects of the Destructive Element and, if the Destructive Element causes a loss (e.g., of operational efficiency or data), assist IATA to mitigate and restore such losses provided that it has shall not relied on prevent IATA from exercising any statementrecourse it may have against RECIPIENT under this Agreement or at law. “Destructive Elements” means any software, promisedata or tool (e.g., representation“viruses”, assurance “worms” 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 “trojan” programs) 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) are intentionally designed to disrupt, disable, harm or otherwise impede in any manner, including aesthetical disruptions or distortions, the suspension operation of the Service in accordance with these Terms Site, the Solution or other systems of IATA, including, for example, based on the elapsing of a period of time, exceeding an authorized number of copies, advancement to a particular date or other numeral (e.g., “time bombs”, “time locks” or “drop dead” devices), (ii) would permit RECIPIENT or third parties to access the lawful terminationSite, suspension the Solution or limitation related systems, to cause such disablement or impairment, or otherwise to circumvent the security features of any other services that the Supplier provides to Site, the Customer. 6.9 The Supplier shall not be held liable for any costs associated with fraudulent calls made via the Service howsoever causedSolution or related systems, 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.or

Warranties and Liabilities. 6.1 The Contract constitutes cons�tutes the entire en�re agreement between the partiespar�es. The Customer acknowledges that it has not relied on any statement, statement promise, representationrepresenta�on, 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 supplier cannot guarantee and does not warrant that the Services will be free of interruptions interrup�ons or will be fault-free and we will not be held liable for any loss or damages should the Services be interrupted from time �me to time�me. You accept that there may also be degradations degrada�ons in the quality of the Service from time �me to time �me and that we will not be liable for any loss or damages should the quality of the Service we provide be affected affected by such mattersma�ers. 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 Indirect or consequential consequen�al loss, loss of profitsprofits, business revenue, goodwill or any economic loss arising under or in connection connec�on with the Contract; or, 6.5 any Any claim arising as a result of the default of the network provider or any other third party or of faults in the service provided by the network provider or any other third party;. 6.6 any Any claim in circumstances where any sum owing by the Customer to the Supplier has not been paid; 6.7 the imposition The imposi�on of legal or regulatory restrictions restric�ons which prevent the Supplier from supplying the Service;. 6.8 any 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.termina�on 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 the 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-Non- compliance may result in exclusion of any Anti-Fraud protection offered An�-Fraud protec�on offered by the Supplier.

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 the Company is relying upon the Customer’s representations and warranties in order to offer and/or provide the Service to the Customer in accordance with the terms of the Supplier which is not set out in the Contractthis Agreement. 6.2 The Supplier cannot guarantee and Service is provided "as is", with no warranties whatsoever; the Company does not, either expressed, implied or statutory, make any warranties, claims or representations with respect to the Service, including, without limitation, there are no warranties of quality, performance, non-infringement, merchantability, or fitness for use or a particular purpose or any other warranties whatsoever. The Company further does not represent or warrant that the Services Service will always be available, accessible, uninterrupted, timely, secure, accurate, complete and error-free of interruptions or will be fault-free and we will not be held liable for operate without loss of quality, nor does the Company warrant any loss connection to or damages should transmission from the Services be interrupted from time to time. You accept that there may also be degradations in the Internet, or any quality of calls made through the Service from time Service. 6.3 Under no circumstances shall company's aggregate liability to time and that we customer under this agreement exceed the service charges for the twelve (12) months immediately preceding the event giving rise to the customer's claim. 6.4 In no event will not the Company, its officers, directors, employees, affiliates or agents or any other service provider who furnishes services to the Customer (or those using the service with or without the permission of customer) in connection with the service be liable for any loss direct, incidental, indirect, special, punitive, exemplary 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 dutyconsequential damages, or otherwisefor any other damages, for: 6.4 indirect or consequential lossincluding but not limited to personal injury, wrongful death, property damage, loss of data, loss of revenue or profits, business revenue, goodwill or any economic loss damages arising under out of or in connection with the Contract; or,use or inability to use the service, including inability to access emergency service personnel through the 911 service or to obtain emergency help. The limitations set forth herein apply to claims founded in breach of contract, breach of warranty, product liability, tort and any and all other theories of liability and apply whether or not the Company was informed of the likelihood of any particular type of damages. 6.5 The Customer shall defend, indemnify, and hold the Company harmless, its officers, directors, employees, affiliates and agents and any claim arising as a result of other service provider who furnishes services to the default of Customer in connection with the network provider Service, from any and all claims, losses, damages, fines, penalties, costs and expenses (including, without limitation, attorneys fees) by, or on behalf of, you 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 user of the Service (with or reduced performance as a result of (i) the suspension without permission of the Service in accordance with these Terms or (ii) the lawful terminationCustomer), suspension or limitation of any other services that the Supplier provides relating to the CustomerServices, including, without limitation, 911 Service, or the Equipment. 6.9 The Supplier shall not be held liable for any costs associated with fraudulent calls made via 6.6 Notwithstanding the Service howsoever causedexpiration or termination of this Agreement, and except for the Customer agrees Customer's obligation to take all reasonable steps to ensure that pay charges for the Services, the remainder of 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 Agreement shall survive the termination or expiration of any Anti-Fraud protection offered by the SupplierService.