Warranties and Limitation on Liability a) We warrant that:
i. Subscription Services (other than No-Charge Services) will conform in all material respects with the applicable Service Description for the duration of the Subscription Term; and
ii. we will use commercially reasonable efforts to prevent introduction of viruses, Trojan horses or similar harmful materials (Malicious Code) into the Subscription Services. To avoid doubt, we are not responsible for any Malicious Code introduced by third parties, or by you or your End Users.
b) Provided that you notify us in writing of any non-compliance under section (14)(a) promptly after becoming aware of such non-compliance, we will use commercially reasonable endeavours to correct the non-compliance within a reasonable period. If we have not remedied the non-compliance by the date that is forty-five (45) days after your written notice, either party may terminate the affected Subscription Services immediately, and EdApp will refund any prepaid, unused Fees in respect of the terminated Subscription Services after the effective date of termination.
c) SECTION 14(A) CONSTITUTES YOUR EXCLUSIVE RIGHTS AND REMEDIES, AND OUR SOLE LIABILITY, IN CONNECTION WITH THE WARRANTIES IN SECTION 14(A). YOU MAY HAVE OTHER STATUTORY RIGHTS, BUT THE DURATION OF WARRANTIES REQUIRED BY STATUTE, IF ANY, WILL BE LIMITED TO THE SHORTEST PERIOD PERMITTED BY LAW.
d) Except as expressly stated in this Agreement or required under any applicable law, the Services and any other goods or services provided by us to you are provided on an “as is” basis, and we do not make any representation or warranty (express or implied) in respect of the Services or any other goods or services provided by us to you, including, without limitation, any implied warranty of merchantability, of fitness for a particular purpose, that operation of the Services will be uninterrupted or error free, or that all defects will be corrected.
e) If you reside in Australia and are a “consumer” for the purposes of the Australian Consumer Law, then the provisions in section (2) of Appendix 3 will apply.
f) Without limiting the above, you acknowledge that: i. you are using the Services at your own risk;
Warranties and Limitation on Liability. Except for the representations, warranties, and convenants specifically made in this Agreement, neither party makes any warranties, express or implied, and specifically disclaims all other warranties including, but not limited to, any warranty of merchantability or fitness for a particular purpose. Neither party shall be liable to the other party for any special, consequential, incidental or indirect damages, however caused, arising out of this Agreement, whether or not advised of the possibility of such damages, and notwithstanding any failure of essential purpose of any limited remedy.
Warranties and Limitation on Liability. Experian warrants to Client that Experian will use commercially reasonable efforts to deliver the Services in a timely manner. Because the Services involve conveying information provided to Experian by other sources, Experian cannot and will not, for the fee charged for the Services, be an insurer or guarantor of the accuracy or reliability of the Services or the data contained in its various databases. EXPERIAN DOES NOT GUARANTEE OR WARRANT THE ACCURACY, TIMELINESS, COMPLETENESS, CURRENTNESS, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE SERVICES. Experian will not be liable to Client or to any of Client’s customers for any loss or injury arising out of or caused by Experian’s acts or omissions in providing the Services. If, however, liability is imposed upon Experian for any reason whatsoever, then that liability shall be limited to the fees paid by the Client for the Services in the six months preceding the claim upon which the liability is based. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR ANY INCIDENTAL, INDIRECT, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES (INCLUDING BUT NOT LIMITED TO DAMAGES TO BUSINESS REPUTATION, LOST BUSINESS, OR LOST PROFITS), WHETHER FORESEEABLE OR NOT AND HOWEVER CAUSED, EVEN IF SUCH PARTY IS ADVISED OF THE POSSIBILITY THAT SUCH DAMAGES MIGHT ARISE.
Warranties and Limitation on Liability. (a) Nalco warrants that the Products supplied hereunder shall conform to Nalco's standard product specifications in effect at the time of shipment. As Customer’s sole remedy, Nalco will, in its reasonable discretion, either replace any Products (or re-perform any services) Nalco determines did not meet this warranty at the time the Products were shipped to Customer (or at the time the services were rendered) or refund the fee paid by Customer for those Products (or services). This warranty does not apply to (i) damage resulting from misuse, neglect, accident or improper use of any of the Products by any person or entity other than Nalco or (ii) any Products altered by any person or entity other than Nalco. No chemical product warranty claims may be made more than 90 days after delivery of product to Customer. Customer shall obtain Nalco's prior approval for any Product returns and permit inspection of any nonconforming Product.
(b) Nalco warrants that equipment manufactured by Nalco and supplied hereunder shall be free from material defects in workmanship and materials for a period equal to the lesser of 15 months from the date of shipment or 12 months from the date of installation. As Customer’s sole remedy, Nalco will, in its reasonable discretion, either replace any equipment (or re-perform any services) Nalco determines did not meet this warranty at the time the equipment was shipped to Customer (or at the time the services were rendered) or refund the fee paid by Customer for that equipment (or services). This warranty does not apply to (i) damage resulting from misuse, neglect, accident or improper use of any of the equipment by any person or entity other than Nalco or (ii) any equipment altered by any person or entity other than Nalco. Equipment, which is not manufactured by Nalco, is subject to the original manufacturer’s warranty, if any.
(c) Nalco warrants that services provided as part of the Program will be performed in a good and workmanlike manner. Nalco will perform such services in accordance with sound generally accepted practices in effect at the time of performance.
(d) Nalco makes no warranties with respect to water system biohazards from waterborne pathogens including but not limited to Legionella bacteria.
(e) Nalco warrants that the Product itself does not, at the time of delivery, infringe any patent of the United States. Customer shall give Nalco prompt written notice of any patent infringement suit or claim, Nalco shall control th...
Warranties and Limitation on Liability. 5.1 Laboratory warrants (subject to the provisions of this Section 5) that Services will be performed:
(a) in a workmanlike fashion with reasonable care; (b) using professionally qualified and adequately trained persons; and (c) in accordance with applicable laws and regulations.
5.2 Client shall defend and hold harmless Laboratory from any claim against Laboratory made by a third party arising out of the infringement by Laboratory of the intellectual property rights of such third party in the course of performance of the Services, to the extent that such intellectual property rights are limited to any material Client delivers to Laboratory or the use of such material in accordance with this Agreement.
5.3 Save for the warranties given by Laboratory set out in this Section 5, all warranties, conditions and other terms are, to the fullest extent permitted by law, excluded from the performance of the Services.
5.4 Unless such limitation of liability is prohibited by applicable statutory law, Laboratory will not be liable to Client in contract, tort, misrepresentation or otherwise for any:
Warranties and Limitation on Liability a. The installation, maintenance, operation and use of the computer, related equipment (for example, modem, telephone or other telecommunications equipment) and software you use for CentralNET Services are your responsibility. EXCEPT AS SPECIFICALLY PROVIDED IN THIS AGREEMENT OR TO THE EXTENT APPLICABLE LAW REQUIRES A DIFFERENT STANDARD, WE WILL NOT BE RESPONSIBLE FOR ANY LIABILITY, LOSS, INJURY OR DAMAGE (WHETHER DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE) IN ANY WAY ARISING OUT OF (A) ANY ERROR IN THE INSTALLATION, MAINTENANCE, OPERATION OR USE, OR ANY CONFIGURATION PROBLEM OR INCOMPATIBILITY, OF THE COMPUTER, RELATED EQUIPMENT OR SOFTWARE, (B) ANY FAILURE OR MALFUNCTION OF THE COMPUTER, RELATED EQUIPMENT OR SOFTWARE, (C) ANY FAILURE OR MALFUNCTION OF, OR ANY COMPROMISE OF DATA SENT USING, ANY TELEPHONE, INTERNET ACCESS OR OTHER SERVICE YOU USE TO CONNECT TO CentralNET SERVICES, (D) ANY VIRUS OR SIMILAR PROBLEM RESULTING FROM THE USE OF CentralNET SERVICES OR (E) ANY FEATURE OR FUNCTION OF ANY OF THE SOFTWARE THAT IS NOT INVOLVED WITH CentralNET SERVICES (FOR EXAMPLE, BUDGETING).
b. THE BANK AND ITS SERVICE PROVIDERS MAKE NO WARRANTIES OR REPRESENTATIONS OF ANY KIND WITH RESPECT TO CentralNET SERVICES CentralNET SERVICES, WHETHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE AND NEITHER THE BANK NOR ITS SERVICE PROVIDERS NOR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION OR DELIVERY OF CentralNET SERVICES ASSUME ANY RESPONSIBILITIES WITH RESPECT TO YOUR USE THEREOF. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY THE BANK OR ITS SERVICE PROVIDERS OR ANY OF THEIR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY, AND YOU MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE. IN NO EVENT WILL THE BANK OR ITS SERVICE PROVIDERS BE LIABLE FOR INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES OR LOSSES WHICH YOU MAY INCUR IN CONNECTION WITH CentralNET SERVICES OR THE INTERNET GENERALLY, OR YOUR USE THEREOF, OR ANY OF THE DATA OR OTHER MATERIALS TRANSMITTED THROUGH OR RESIDING ON CENTRALNET SERVICES, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF THE BANK AND/OR ITS SERVICE PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGE OR LOSS. IN NO EVENT SHALL THE BANK’S AND/OR ANY OF ITS SERVICE PROVIDERS’ LIABILITY FOR DAMAGES, REGARDLESS OF CAUSE OR FORM OF ACTION, WHETHER IN CONTRACT OR IN TORT OR OTHERWISE (I...
Warranties and Limitation on Liability. The Publisher acknowledges that it is using the Network at its own risk. Save as set out in these terms and conditions, the Network is provided "as is", and Guardian disclaims any and all warranties, express and implied, including but not limited to any warranties of accuracy, reliability, title, merchantability, non-infringement, fitness for a particular purpose or any other warranty, condition, guarantee or representation. Guardian does not represent or warrant that access to the Network will be uninterrupted or that there will be no failures, errors or omissions or loss of transmitted information, or that no viruses will be transmitted on the Service. The Publisher warrants the Publisher Content and that the materials on the Publisher Website shall not violate or infringe upon the rights of any third party; are not defamatory, obscene, threatening, libellous, abusive, or otherwise illegal. Guardian warrants that the Network Advertisements comply with any applicable law, regulation or code of practice, are not libellous or obscene and do not infringe the rights of any person (including any person's intellectual property rights). Guardian shall not be liable to Publisher for any indirect, special or consequential damages allegedly sustained arising out of this Agreement or Publisher's access to or inability to access the Network, even if advised of the possibility of such damages. The aggregate liability for Guardian to Publisher for all claims arising from the use of the Network is limited to the net proceeds to Guardian from the sale of Network Advertisements on the Publisher’s Website generated during the previous 12 months.
Warranties and Limitation on Liability. 9.1 The Licensor and the Licensee hereby warrant to each other that they have the power to enter into and perform this Agreement and that as the date of this Agreement there are no outstanding encumbrances obligations or agreements which relate to them which are inconsistent with this Agreement.
9.2 The Licensor warrants that the title to all the Intellectual Property is vested solely and exclusively in the Licensor and that the Licensor is not subject to any claim by any third party in respect thereof and that it has the unfettered right to grant the rights referred to in clause 3.
9.3 The Licensor warrants that the System will operate efficiently in accordance with the specifications provided to the Licensee as defined in the First Schedule.
9.4 The Licensor warrants that it will provide its services with reasonable care and skill to the Licensee or to the Licensees customer.
9.5 Save as provided by statute the Licensor shall in no circumstances be liable to the Licensee or any end user for damages in respect of loss of business loss of profits loss of data interruption of business or any other consequential loss whether such liability would arise out of alleged breach of warranty breach of this Agreement delay negligence or otherwise or from any representation made to any end user or other person by the Licensee.
9.6 The Licensee hereby acknowledges that the System is a complex set of computer programs and that inevitably there will be errors and omissions in the System and/or the System Documentation. Accordingly the System and the System Documentation are licensed on these terms and save as expressly provided in this Agreement no warranty condition or representation either express or implied (by statute or otherwise) is given by the Licensor as to either the design quality merchantability or fitness for a particular purpose of the System.
9.7 The Licensors liability for damages in respect of this Agreement and in particular the warranties contained hereunder shall save as provided otherwise by statute be limited to the total amount of Licence Fees and Royalties actually paid by the Licensee to the Licensor under this Agreement.
Warranties and Limitation on Liability. EXCEPT FOR A BREACH OF SECTION 11 (MUTUAL CONFIDENTIALITY OBLIGATIONS) AND SECTION 13 (THE PARTIES' INDEMNIFICATION OBLIGATIONS): (A) THE PARTIES SHALL IN NO EVENT BE LIABLE FOR ANY (i) SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR (i) COMMERCIAL LOSS OF ANY KIND, INCLUDING LOSS OF BUSINESS OR PROFITS, WHETHER BASED UPON BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, STRICT TORT OR ANY OTHER LEGAL THEORY, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (B) THE PARTIES ACKNOWLEDGE AND AGREE THAT EACH PARTY'S SOLE AND EXCLUSIVE REMEDY SHALL BE THE RECOVERY OF THE LESSER OF: (i) THE AMOUNT OF ACTUAL DIRECT MONETARY LOSS SUFFERED BY THE PARTY, OR (ii) THE ACTUAL AMOUNT PAID BY ONSCRIBE TO THE COMPANY PURSUANT TO THIS AGREEMENT DURING THE SHORTER OF (x) THE TERM, OR (y) THE TWELVE (12) MONTH PERIOD PRIOR TO THE BREACH OF THIS AGREEMENT.
Warranties and Limitation on Liability a. Each party warrants that they have the power to enter into this Agreement and have obtained all necessary approvals to do so.
b. Each party warrants that they are not a party to any agreements that might conflict or interfere with, limit, be inconsistent with, or otherwise affect any of the provisions of this Agreement.
c. InstaComfort warrants that it is a corporation duly incorporated, duly organized, validly existing, and in good standing under the laws of Saint Lucia.
d. The Parties to this Agreement shall, in exercising their respective rights and complying with their respective obligations under this contract,at all times act in good faith.
e. The performance and obligations of either Party will not violate or infringe upon the rights of any third-party or violate any other agreement between the Parties, individually, and any other person, organization, or business or any law or governmental regulation.
f. The Vendor warrants that they will engage to provide services under this Agreement and will maintain all the skills, experience, and qualifications necessary to provide the services contemplated by this Agreement, including any required training, registration, certification, or licensure.
g. The Vendor warrants to carry out their duties as a driver for the purposes of transporting third parties with the care, diligence, and skill of a reasonable and diligent road user.
h. Under no circumstances shall InstaComfort be liable to the Vendor or any third party for any damages resulting from any part of this agreement such as, but not limited to, loss of revenue or anticipated profit or lost business, costs of delay or failure of delivery, which
