Warranties, liability and indemnities. (a) Ownership of any work product or output created by the Staff in the performance of services under this agreement belongs to You.
(b) Sudo Staff warrants it will use reasonable care and skill in supplying the Services and that the services will have the characteristics specified in the Order.
(c) Sudo Staff provides no warranty that any particular outcome, result or goal can or will be achieved or reached by any date, or that the Services will have any attributes or characteristics that are not specified in the Order.
(d) You warrant and agree that the Services are not and will not be used for personal, domestic or household use or consumption.
(e) Without limiting the other provisions of this agreement, You and We agree that, except in the case of death or personal injury caused by Sudo Staff’s negligence, the liability of Sudo Staff for any Claim made under or in connection with this agreement is limited to:
(i) the supplying of the services again; or
(ii) the payment of the cost of having the services supplied again.
(f) You will indemnify and hold harmless Sudo Staff against all Claims, and pay to Us all Losses we suffer as a result of any Claims made against Us or our employees, contractors or Personnel (including Staff) by any person in respect of, or arising out of, any action You have taken or have instructed others to take, or the Staff have taken in accordance with your specific direction or consistently with your general directions.
(g) Each of the Parties acknowledge that, in entering this agreement, it does not do so in reliance on any representation, warranty or other provision except as expressly provided in this agreement and in the Order, and any conditions, warranties or other terms implied by statute or common law are excluded from this agreement to the fullest extent permitted by law.
(h) Neither Party is liable to the other Party in contract, tort, negligence, breach of statutory duty or otherwise for any loss, damage, costs or expenses of any nature whatsoever incurred or suffered by that other Party of an indirect or consequential nature including any economic loss or other loss of turnover, profits, business or goodwill.
(i) To the maximum extent permitted by applicable law, Sudo Staff excludes and will not be liable for any loss of revenue, business, anticipated savings or profits, loss of goodwill, loss of Your data or for any indirect or consequential loss arising out of or relating to the Services, or this Agreement.
(j) Sudo...
Warranties, liability and indemnities. 8.1 The Supplier warrants that it will use reasonable care and skill in performing the services to a standard, which conforms to generally accepted industry standards and practices.
8.2 If any part of the services is performed negligently or in breach of the provisions of this agreement then, at the request of The Customer, The Supplier will re-perform the relevant part of the services, always subject to clauses 8.3 below.
8.3 Except in the case of death or personal injury caused by The Supplier’s negligence, The Supplier’s liability under or in connection with this agreement whether arising in contract, tort, negligence, breach of statutory duty or otherwise howsoever, shall not exceed fees paid to The Supplier under this agreement.
8.4 Neither party shall be liable to the other party in contract, tort, negligence, breach of statutory duty or otherwise for any loss, damage, costs or expenses of any nature whatsoever incurred or suffered by that other party of an indirect or consequential nature including without limitation any economic loss or other loss of turnover, profits, business or goodwill.
8.5 The Customer shall indemnify and hold harmless The Supplier from and against all claims and losses arising from loss, damage, liability, injury to The Suppliers’ employees and third parties, infringement of third party intellectual property, or third party losses by reason of or arising out of any information supplied to The Customer by The Supplier, its employees or suppliers, or supplied to the Supplier by the Customer within or without the scope of this agreement. Claims shall mean all demands, claims, proceedings, penalties, fines and liability (whether criminal or civil, in contract, tort or otherwise); and losses shall mean all losses including without limitation financial losses, damages, legal costs and other expenses of any nature whatsoever.
8.6 Each of the parties acknowledges that, in entering into this agreement, it does not do so in reliance on any representation, warranty or other provision except as expressly provided in this agreement together with its schedules and any conditions, warranties or other terms implied by statute or common law are excluded from this agreement to the fullest extent permitted by law. Nothing in this agreement excludes liability for fraud.
Warranties, liability and indemnities. 10.1. Each of the Parties acknowledges that, in entering into this Agreement, it does not do so in reliance on any representation, warranty or other provision except as expressly provided in this Agreement, and any conditions, warranties or other terms implied by statue or common law are excluded from this Agreement to the fullest extent permitted by law. Nothing in this Agreement excludes liability for fraud.
10.2. X undertakes that it will use reasonable endeavours to perform the Project and if any part of the Project is performed negligently or in breach of contract then, at the request of the Client given within 6 months of the Completion Date, X will re-perform the relevant part of the Project, always subject to 10.3 and 10.4 below.
10.3. X expressly does not warrant that any result or objective whether stated in this Agreement or not shall be achieved, be achievable or be attained at all or by a given Completion Date or any other date.
10.4. Except in the case of death or personal injury caused by X’s negligence, X’s liability under or in connection with this Agreement whether arising in contract, tort, negligence, breach of statutory duty or otherwise, shall not exceed the contract Price paid to X under this Agreement.
10.5. Neither Party shall be liable to the other Party in contract, tort, negligence, breach of statutory duty or otherwise for any loss, damage, costs or expenses of any nature whatsoever incurred or suffered by that other Party of an indirect or consequential nature including without limitation any economic loss or other loss of turnover, profits, business or goodwill.
10.6. The Client shall indemnify and hold harmless X from and against all Claims and Losses arising from loss, damage, liability, injury to X’s employees and third parties, infringement of third party intellectual property, or third party losses by reason of or arising out of any information, device or product supplied to the Client by X its employees or consultants, or supplied to X by the Client within or without the scope of this Agreement. ‘Claims’ shall mean all demands, claims, proceedings, penalties, fines and liability (whether criminal or civil, in contract, tort or otherwise); and ‘Losses’ shall mean all losses including without limitation financial losses, damages, legal costs and other expenses of any nature whatsoever.
Warranties, liability and indemnities. 6.1 The Contractor warrants, represents and undertakes that:
(a) it will carry out the work as per the scope of work in Schedule 2;
(b) it will carry out the Services with all due skill and diligence and in a good and workmanlike manner, and in accordance with the best practice within the industry of the Contractor;
(c) the Contractor’s employees and agents will have the necessary skills, professional qualifications and experience to perform the Services in accordance with the Agreement and best practice;
(d) it has full capacity and authority to enter into this agreement;
(e) it has obtained all necessary and required licences, consents and permits to perform the Services; and
(f) it is responsible for all costs, fees, expenses and charges for training necessary or required for the Contractor’s employee and agents to perform the Services.
6.2 If the Contractor performs the Services (or any part of the Services) negligently or materially in breach of this agreement then if requested by the School, the Contractor will re-perform the relevant part of the Services. The School’s request must be made within 6 months of the Services being provided.
6.3 The Contractor covenants that the Contractor will be solely responsible for the payment to the Contractor’s employees and agents of all amounts due by way of salary, superannuation, annual leave, long service leave and any other benefits to which they are entitled as the Contractor’s employees or agents and to otherwise comply with legislation applicable to the Contractor’s employees and agents.
6.4 Throughout the continuance of this agreement the Contractor must:
(a) comply at the Contractor’s own cost and expense with all Acts, ordinances, rules, regulations, other delegated legislation, codes and the requirements of any Commonwealth, state and local government departments, bodies, and public authorities or other authority so far as the same may affect or apply to the Contractor or to the Services; and
(b) indemnify the School from and against all actions, costs, charges, claims and demands in respect of the agreement.
6.5 The obligations accepted by the Contractor under this clause 6 survive termination or expiry of this agreement.
6.6 Each of the Parties acknowledges that, in entering into this agreement, it does not do so in reliance on any representation, warranty or other provision except as expressly provided in this agreement, and any conditions, warranties or other terms implied by statute or common law ...
Warranties, liability and indemnities. (a) Coastline Marine warrants that it will use reasonable care and skill in performing the Services to the standard generally accepted within the industry, sector or profession in which Unless otherwise stated by the Customer in writing, the Customer consents to Coastline Marine to use any media, inclusive but not limited to images, video, audio and documentation related to any Services conducted by Coastline Marine. Coastline Marine operates for the type of Services provided by Coastline Marine.
(b) The Customer must indemnify and hold harmless Coastline Marine from and against all Claims and Losses arising from loss, damage, liability, injury to Coastline Marine , its employees and third parties, infringement of third party intellectual property, or third party losses by reason of or arising out of any Information supplied to the Customer by Coastline Marine , its employees or Coastline Marine s, or supplied to Coastline Marine by the Customer within or without the scope of this Agreement.
(c) Each of the Parties acknowledge that, in entering into this Agreement, it does not do so in reliance on any representation, warranty or other provision except as expressly provided in this Agreement, and any conditions, warranties or other terms implied by statute or common law are excluded from this Agreement to the fullest extent permitted by law. Coastline Marine 's liability for failure to comply with a Consumer Guarantee is limited to the Services supplied to the Customer, the supply of the whole or any relevant part of the Services again or the payment of the cost to the Customer of having the Services supplied again.
Warranties, liability and indemnities. (a) The Consultant warrants that it will use reasonable care and skill in performing the Consultancy Services and to the standard generally accepted within the industry, sector or profession in which the Consultant operates for the type of Consultancy Services provided by the Consultant.
(b) If the Consultant performs the Consultancy Services (or any part of the Consultancy Services) negligently or materially in breach of this Agreement including any part of the Specification, then, if requested by [Corporation Name], the Consultant will re-perform the relevant part of the Consultancy Services, subject to paragraphs (h) and (i) below.
(c) [Corporation Name] request referred to in above paragraph (b) must be made within 7 days of the date the Consultant completed performing the Consultancy Services.
(d) The Consultant will effect all insurance required to be effected by law including worker's compensation insurance as prescribed by law for the Consultant's Personnel, professional indemnity insurance in accordance with the applicable state legislation and best practice standards in which Consultancy Services are being performed, and public liability insurance for a minimum of an amount to be agreed for each occurrence.
(e) The Consultant covenants that the Consultant will be solely responsible for the payment to the Consultant's employees and agents of all amounts due by way of salary, superannuation, annual leave, long service leave and any other benefits to which they are entitled as the Consultant's employees or agents and to otherwise comply with legislation applicable to the Consultant's employees and agents.
Warranties, liability and indemnities. 10.1. The Consultant warrants that it will use reasonable care and skill in performing the Services and to the standard generally accepted within the industry, sector or profession in which the Consultant operates for the type of Services provided by the Consultant.
10.2. If the Consultant performs the Services (or any part of the Services) negligently or materially in breach of this Agreement then, if requested by the Client, the Consultant will reperform the relevant part of the Services, subject to clauses 10.4 and 10.5 below. The Client's request must be made within 6 months of the date the Consultant completed performing the Services or the termination of this Agreement as the case may be.
10.3. The Consultant shall be liable to the Client for direct losses caused by the negligence of the Consultant or arising from the Consultant’s breach of its obligations contained in this Agreement.
10.4. Neither Party shall be liable to the other Party in contract, tort, negligence, breach of statutory duty or otherwise for any loss, damage, costs or expenses of any nature whatsoever incurred or suffered by that other Party of an indirect or consequential nature including without limitation any economic loss or other loss of turnover, profits, business or goodwill. The provisions of this clause 10.4 shall not apply to clause 10.5.
10.5. Each of the Parties acknowledges that, in entering into this Agreement, it does not do so in reliance on any representation, warranty or other provision except as expressly provided in this Agreement, and any conditions, warranties or other terms implied by statute or common law are excluded from this Agreement to the fullest extent permitted by law. Nothing in this Agreement excludes liability for fraud.
Warranties, liability and indemnities. 7.1 The Contractor warrants that it will use reasonable care and skill in performing the Maintenance Services to the standard generally accepted within the industry. However, the Contractor provides no warranty that any Machine shall be restored to good working order by any particular time.
7.2 Neither Party shall be liable to the other Party in contract, tort, negligence, breach of statutory duty or otherwise for any loss, damage, costs or expenses of any nature whatsoever incurred or suffered by that other Party of an indirect or consequential nature including without limitation any economic loss or other loss of turnover, profits, business or goodwill.
7.3 Each of the Parties acknowledges that, in entering into this Agreement, it does not do so in reliance on any representation, warranty or other provision except as expressly provided in this Agreement, and any conditions, warranties or other terms implied by statute or common law are excluded from this Agreement to the fullest extent permitted by law. Nothing in this Agreement excludes liability for fraud.
Warranties, liability and indemnities. 7.1 While the Supplier Company will make reasonable efforts to ensure reasonable standards of skills, integrity and reliability in Teachers and to comply with the School's requirements, the School accepts and agrees that the Supplier Company gives no warranty as to the suitability of any Teacher for any Assignment.
7.2 The Supplier Company confirms that, in supplying any Teacher to the School, it is not aware of anything which will cause any detriment to the interests of that Teacher or the School if the Teacher fulfils the Assignment.
7.3 Neither the Supplier Company nor any of its staff will be liable to the School for any loss, injury, damage, expense or delay incurred or suffered by the School arising directly or indirectly from or in any way connected with the introduction or supply of a Teacher to the School or with any failure by the Supplier Company to introduce or supply a Teacher for all or part of any period booked by the School under an Assignment (except that in the latter case the School may be entitled to a reduction or cancellation of the Teacher Fee payable), unless such loss, damage, costs or expenses are the direct result of the negligent acts or omissions of the Supplier Company. In particular, but without limitation, the Supplier Company will not be liable for any loss, injury, damage, expense or delay arising from, or in any way connected with:
7.3.1 any failure of the Teacher to meet the School's requirements for all or any of the purposes for which the Teacher is required by the School; or
7.3.2 any act or omission of a Teacher, whether wilful, negligent, fraudulent, dishonest, reckless or otherwise;
7.3.3 any loss, injury, damage, expense or delay suffered by a Teacher.
7.4 Except in the case of death or personal injury caused by the Supplier Company's negligence, the liability of the Supplier Company under or in connection with this Agreement whether arising in contract, tort, negligence, breach of statutory duty or otherwise howsoever will not exceed the Teacher Fee(s) paid or due to be paid by the School to the Supplier Company under this Agreement. The Supplier Company will not be liable for any matter not reported to it within 10 days of its occurrence. The provisions of this clause 7.4 will not apply to clause 7.6.
7.5 Neither Party will be liable to the other Party in contract, tort, negligence, breach of statutory duty or otherwise for any loss, damage, costs or expenses of any nature whatsoever incurred or suffered by that...
Warranties, liability and indemnities. 7.1. Each of the Parties acknowledges that, in entering into this Agreement, it does not do so in reliance on any representation, warranty or other provision except as expressly provided in this Agreement, and any conditions, warranties or other terms implied by statue or common law are excluded from this Agreement to the fullest extent permitted by law.
7.2. Provider undertakes that it will use its reasonable endeavours to perform the Project.
7.3. Except in the case of death or personal injury caused by City’s negligence or in respect of fraud on the part of City, City’s liability under or in connection with this Agreement whether arising in contract, tort, negligence, breach of statutory duty or otherwise, shall not exceed the contract Price paid to City under this Agreement.
7.4. Neither Party shall be liable to the other Party in contract, tort, negligence, breach of statutory duty or otherwise for any loss, damage, costs or expenses of any nature whatsoever incurred or suffered by that other Party that are: (a) of an indirect, special, or consequential nature; or (b) any loss of turnover, profits, contracts, business opportunity, or goodwill; or (c) in respect of lost, incorrect, or spoiled data.
7.5. The Provider shall indemnify and hold harmless City from all Claims and Losses arising in connection with the supply under this Agreement (or subsequent use) of any information, software, services or product (a) by City or any City employee or consultant (“Personnel”) to the Provider; or (b) by the Provider to Personnel. “Claims” shall mean all demands, claims, proceedings, penalties, fines and liability (whether criminal or civil, in contract, tort or otherwise); and “Losses” shall mean all losses including without limitation financial losses, damages, legal costs and other expenses of any nature whatsoever.
