Common use of Warranties and Liabilities Clause in Contracts

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 as a result of any breach by the Customer of the Agreement including, but not limited to, misuse by the Customer of any Certification granted by BASEC under this Agreement.

Warranties and Liabilities. 7.1. 6.1 BASEC shall provide the Services with reasonable care and skill. 7.2. 6.2 BASEC shall have no liability to the Customer Client for any loss, damage, costs, expenses or other claims for compensation, compensation arising from any material or instructions supplied by the Customer Client 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 CustomerClient. 7.3. 6.3 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. 6.4 Subject to clause 7.36.3, BASEC shall not be liable to the CustomerClient, 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 opportunitybusiness; 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. 6.5 Subject to clauses7.3 clauses 6.3 and 7.46.4, BASEC’s total liability to the CustomerClient, 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 Client to BASEC for the provision of the Services under that Agreement. 7.66.6 Except in respect of death or personal injury, the Client will look only to BASEC (and not to any individual engaged by BASEC, including any directors of BASEC) for redress if the Client considers that there has been any breach of this Agreement. The Client agrees not to pursue any claims in contract, tort (including negligence) or for breach of statutory duty against any individuals working for and on behalf of BASEC in carrying out its obligation under the Agreement at any time, whether named expressly in the Agreement or not. 6.7 The terms implied by sections 3 to 5 of the Supply of Goods and Services Xxx 0000 Act 1982 are, to the fullest extent permitted by law, excluded from this agreement. 7.7. 6.8 BASEC shall use reasonable endeavors endeavours 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. 6.9 The Customer Client acknowledges that Certification does not imply or express any warranty of any kind with respect to the CustomerClient’s product or service. The Customer Client 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 CustomerClient’s product or service infringes the intellectual property rights of any third party. 7.9. 6.10 The Customer Client agrees to indemnify BASEC against any losses suffered by or claims made against BASEC as a result of any breach by the Customer Client of the Agreement including, but not limited to, misuse by the Customer Client of any Certification granted by BASEC under this Agreement.

Warranties and Liabilities. 7.1. BASEC As W2 collates data from third party sources, W2 does not give any warranty or make any representation as to the accuracy, reliability or fitness for purpose of the Output Data. W2 is not able to verify the accuracy or completeness of the data provided by third parties and upon which the W2 Services are based and shall provide not be liable for any inaccuracies, faults or omissions in the Services with reasonable care and skillOutput Data except to the extent caused by its own negligence or wilful default. 7.2. BASEC shall have no liability W2 does not warrant that access to the Customer for any loss, damage, costs, expenses W2 Services will be uninterrupted 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 Customererror free. 7.3. Nothing in these Terms limits W2 shall use the most up-to-date data sets and versions of data available to it when providing the W2 Services unless the Customer, the Reseller or excludes BASEC’s liability for death a Data Provider supplying Output Data instructs W2 to use a data set or personal injury caused by its negligence, fraud or fraudulent misrepresentation, or any other liability which cannot be limited or excluded by applicable lawversion of data as at a specified date. 7.4. Subject The Customer agrees that W2 shall not in any circumstances (including without limitation if W2 has been negligent) be liable for (a) any indirect or consequential loss or damage at all; or (b) any loss of business, capital, profit, reputation or goodwill, arising out of or in connection with the W2 Services and/or the Data and Materials. 7.5. W2’s entire liability (and the liability of any Data Supplier) in respect of any single cause of action arising out of or in connection with W2 Services (whether for breach of contract, negligence, under statute or otherwise) shall be limited to clause 7.3, BASEC the Fees paid by the Customer to the Reseller in respect of W2 Services. The Customer shall not be liable entitled to recover from W2 and the Reseller in respect of the same loss. 7.6. Except as expressly stated in this End User Agreement, all warranties, conditions and terms, whether express or implied by statute, common law or otherwise are hereby excluded to the Customerextent permitted by law. 7.7. Nothing in this End User Agreement shall limit or exclude W2’s liability for death, whether personal injury or fraud. 7.8. This paragraph 7 sets out the entire financial liability of W2 (including any liability for any acts or omissions of its employees, agents and sub-contractors) to the Licensee: 7.8.1. arising out of or in contractconnection with this End User Agreement; 7.8.2. in respect of any use made by the Customer of the W2 Services, tort Output Data and Documentation or any part of them; and 7.8.3. in respect of any representation, statement or tortious act or omission (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 this End User 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 as a result of any breach by the Customer of the Agreement including, but not limited to, misuse by the Customer of any Certification granted by BASEC under this Agreement.

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 endeavours 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 as a result of any breach by the Customer of the Agreement including, but not limited to, misuse by the Customer of any Certification granted by BASEC under this Agreement.

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 Act 1982 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 as a result of any breach by the Customer of the Agreement including, but not limited to, misuse by the Customer of any Certification granted by BASEC under this Agreement.

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 endeavours 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 as a result of any breach by the Customer of the Agreement including, but not limited to, misuse by the Customer of any Certification granted by BASEC under this Agreement.