Warranties Limitation of Liability. 6.1 Customer warrants that its use of the Service shall be in accordance with all applicable laws and regulations. 6.2 Service Provider warrants that: 6.2.1 the Service will comply substantially in accordance with the Specification; 6.2.2 it owns or controls all and any intellectual property rights in and to the Service. 6.3 Save in respect of the Warranty in Clause 6.2 Service Provider shall be under no liability to Customer for any damages or losses, direct or indirect, resulting from provision of the Service. Service Provider shall have no liability for any indirect or consequential losses, damages or expenses suffered by Customer, howsoever caused. 6.4 Except as specifically set out in this Agreement, any term, representation, condition or warranty in respect of the quality, fitness for purpose, condition, durability or description of the service, whether implied by statute, common law, trade usage, custom or otherwise, is hereby expressly excluded. 6.5 Nothing in this Clause 6 shall be interpreted as excluding or restricting any legal liability of Service Provider for death or personal injury resulting from the negligence of Service Provider, its employees, agents or sub-contractors or restricting any of Service Provider's legal obligations arising under Section 12 of the Sale of Goods Act 1979 or under the Consumer Protection Act 1987. 6.6 Subject always to Clause 6.3 Service Provider shall be liable for damage to any property of the Customer caused by any negligent act or omission of Service Provider, its employees or authorised representatives PROVIDED ALWAYS THAT such liability or any other liability of Service Provider in contract, tort or otherwise including any liability for negligence howsoever arising out of or in connection with the performance of Service Provider's obligations under this Agreement shall be limited to the Fees in respect of one incident or any series of incidents arising from a common cause in the preceding 12 month period.
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Samples: Service Agreement, Service Agreement, Service Agreement
Warranties Limitation of Liability. 6.1 Customer warrants that its use of the Service shall be in accordance with all applicable laws and regulations.
6.2 Service Provider warrants that:
6.2.1 the Service will comply substantially in accordance with the Specification;
6.2.2 it owns or controls all and any intellectual property rights in and to the Service.
6.3 Save in respect of the Warranty in Clause 6.2 Service Provider shall be under no liability to Customer for any damages or losses, direct or indirect, resulting from provision of the Service. Service Provider shall have no liability for any indirect or consequential losses, damages or expenses suffered by Customer, howsoever caused.
6.4 Except as specifically set out in this Agreement, any term, representation, condition or warranty in respect of the quality, fitness for purpose, condition, durability or description of the service, whether implied by statute, common law, trade usage, custom or otherwise, is hereby expressly excluded.
6.5 Nothing in this Clause 6 shall be interpreted as excluding or restricting any legal liability of Service Provider for death or personal injury resulting from the negligence of Service Provider, its employees, agents or sub-contractors or restricting any of Service Provider's legal obligations arising under Section 12 of the Sale of Goods Act 1979 Xxx 0000 or under the Consumer Protection Act 1987Xxx 0000.
6.6 Subject always to Clause 6.3 Service Provider shall be liable for damage to any property of the Customer caused by any negligent act or omission of Service Provider, its employees or authorised representatives PROVIDED ALWAYS THAT such liability or any other liability of Service Provider in contract, tort or otherwise including any liability for negligence howsoever arising out of or in connection with the performance of Service Provider's obligations under this Agreement shall be limited to the Fees in respect of one incident or any series of incidents arising from a common cause in the preceding 12 month period.
Appears in 1 contract
Samples: Service Agreement