WARRANTIES, LIABILITY AND INSURANCE. 9.1. We will utilise our reasonable efforts to maintain acceptable performance of the Services. However we do not guarantee the Service will be continuous or fault free.
WARRANTIES, LIABILITY AND INSURANCE. We will utilise our reasonable efforts to maintain acceptable performance of the Services. However we do not guarantee the Service will be continuous or fault free. We may, without liability to you, suspend the Service if we need to carry out any maintenance determined by us to be necessary from time to time. We will make all reasonable efforts to notify you in advance of any suspension of Service for reasons of maintenance. We warrant as follows: (a) the Service will comply in all material respects with the service description on our website; and (b) all employees, personnel and contractors of Xxxxxx engaged in the performance of the Services will be appropriately qualified and experienced and will be suitable and capable of performing their obligations to the standard required under the Agreement. However, no breach of these warranties will be deemed to have occurred where the relevant breach has occurred as a result of the acts or omissions of you (or your employees, contractors, agents or representatives) or any third party, or as a result of any event of Force Majeure. Except for any warranties, conditions or representations that are expressly set out in these Terms of Use, all warranties, representations or conditions (including without limitation, warranties as to fitness for purpose and merchantability), whether express or implied by statute, common law or otherwise, are excluded to the maximum extent permitted by law. Each Party’s total liability to the other Party for damages in connection with one or more breaches of your Agreement, tortious or other action or contravention of any statute will not in any circumstances exceed in aggregate the total amount paid by you to us pursuant to your Agreement in the twelve month period preceding the date the claim is first filed against the non claiming Party. Neither Party shall under any circumstances be liable for any loss of business, profit, revenue, goodwill, opportunity or anticipated profits or data or savings or any indirect, special or consequential loss or damage arising out of or in connection with this Agreement or your use of the Services. The limitations and exclusions of liability in this clause 9 will apply however liability arises, whether in contract, tort, equity, breach of statutory duty or otherwise. Neither Party will be responsible for any failure to perform its obligations under the Agreement to the extent that the failure is due to: (a) the other Party (and its employees and agent...
WARRANTIES, LIABILITY AND INSURANCE. 8.01 Subject as herein provided the Company warrants to the Distributor that:
WARRANTIES, LIABILITY AND INSURANCE. 7.1 All warranties, conditions or terms relating to fitness for purpose, quality or condition of the Goods and Services, whether express or implied by statute or common law or otherwise are excluded to the fullest extent permitted by law.
WARRANTIES, LIABILITY AND INSURANCE. 11.1 The Company warrants to the Client that the test will be provided using reasonable care and skill and, as far as reasonably possible, in accordance with the specification and at the intervals and within the times referred to in the specification sheet. Where the Company supplies in connection with the provision of the training courses any goods (including output material) supplied by a third party, the Company does not give any warranty, guarantee or other term as to their quality, fitness for purpose or otherwise, but shall, where possible, assign to the Client the benefit of any warranty, guarantee or indemnity given by the person supplying the goods to the Company.
WARRANTIES, LIABILITY AND INSURANCE. 3.1 The Supplier warrants that:
WARRANTIES, LIABILITY AND INSURANCE. 4.1 Fastcom does not warrant that any Service will be continuously available, and does not give any warranty, express or implied, as to the fitness for purpose or otherwise of any Service.
WARRANTIES, LIABILITY AND INSURANCE
