Warranty/Liability. Koelnmesse accepts no liability for any financial losses which may arise in connection with the use of the shop system, unless Koelnmesse has intentionally or due to gross negligence caused any loss or damage. Insofar as the liability of Koelnmesse is restricted, this shall also apply for the liability of all persons whose actions are attributed to Koelnmesse. Koelnmesse assumes no liability for the accuracy of the information provided in your Internet entry. Koelnmesse assumes no liability for the content of other Internet websites which are linked to the Koelnmesse website, unless it is proven that Koelnmesse has knowledge of infringement and it is technically possible and reasonable for Koelnmesse to block the unknown web pages. For damage which results due to the use of unknown web pages and the information contained therein, the provider of these websites alone is liable.
Warranty/Liability. 37. Any warranty by XXXXXX, in particular for the service and the application, is hereby ex- cluded. XXXXXX makes no representations, gives no warranty or guarantee. The service is provided “AS IS” and “AS AVAILABLE”.
38. XXXXXX in particular assumes no liability for the availability of the service, the application or user data.
39. XXXXXX in particular cannot guarantee that the service and the application is free of errors, defects, malware and viruses or that it is correct, up-to-date and error-free.
40. In addition, KELLER in particular gives no guarantee and provides no warranty for the service not being interrupted or otherwise being error-free, and there is no guarantee re- garding the reliability, quality, suitability or availability of the service or other services con- nected with the service and the application. Intermittent interruptions or errors may occur and the service and the application may be subject to limitations, disruptions, delays and other problems.
41. XXXXXX shall not be liable for this to the extent permitted by law. In particular, XXXXXX shall not be liable for support staff, even in the case of premeditation and gross negligence.
42. XXXXXX in particular is not liable for any damages, which are a result of the use of (or the inability to use) the application or the service, including damages caused by malware, viruses or any errors incompleteness.
43. XXXXXX is not liable in any circumstances for any data loss or damage to data. The Parties acknowledge that such loss of data or damage to data may occur in spite of KELLER’s endeavours to carry out regular backups. XXXXXX is also not liable if the devices can no longer send data, or for access, processing, deletion or destruction of data by a third party.
44. In particular, XXXXXX is not liable for false, missing or lost measurement data or calcu- lations; in accordance with paragraphs 25 to 29 these come within the sole responsibility of the Customer. The Customer has sole responsibility for the accuracy, quality, integrity, legality, reliability and suitability of the user data.
45. In any event, KELLER’s total liability is limited to the amount paid by the Customer in accordance with paragraph 36.
46. The Customer agrees to release and hold XXXXXX harmless for all complaints, damages, obligations, costs and expenses which arise in connection with (i) violations of the present terms of use by the Customer, the Customer Administrator, the authorised users or on the Customer’s us...
Warranty/Liability. Unless otherwise provided for hereinafter, warranty arrangements shall be based on the provisions of applicable law. Koelnmesse accepts no responsibility for: • The permanent availability of the website and the fact that it can be accessed by participants and/or is error-free in terms of content or technology, and specifically for maintenance, security or capacity matters as well as events that are beyond the control of Koelnmesse (such as disruptions to public communications networks, power outag- es, etc.) and can lead to brief disruptions or to temporary cessation in the provision of services.
Warranty/Liability. 16.1 The Operator will bear unlimited liability for
(a) Damage resulting from injury to life, body or health due to a breach of duty on the part of the Operator, his legal representative or vicarious agent,
(b) Damage resulting from the absence of a quality guaranteed by the Operator,
(c) Damage resulting from intent or malicious behaviour,
(d) Damage resulting from the breach of essential contractual obligations, i.e. in abstract terms those obligations whose fulfilment is essential to the proper execution of an agreement and on whose compliance the contracting parties may generally rely, and
(e) Direct damage caused intentionally or through gross negligence on the part of the Operator or his legal representatives or vicarious agents. In the event of a breach of material contractual obligations caused by slight negligence, the Operator's liability will be limited to the foreseeable damage typical for this type of agreement, except in the cases mentioned in section 16.1 (a) to (d).
16.2 Any further liability on the part of the Operator is excluded. Liability arising from the Product Liability Act remains unaffected.
16.3 The period of limitation for claims for damages against the Operator shall be one (1) year, except in the cases of section 16.1 (a) to (d).
16.4 The Seller will indemnify the Operator against all costs and claims on first demand, asserted by third parties against the Operator if the alleged infringement or claim is the responsibility of the Seller. This also applies to reversals of payments processed by the payment service provider. The Operator is free to defend himself against any claims asserted or to refer the claimant to the Seller.
Warranty/Liability. 1. The Buyer is only obligated to inspect the goods upon delivery for transport damages if possible. In the event that a quality assurance agreement has been concluded between the Buyer and the Seller, the obligation of notice under commercial law does not apply to the Buyer but the rules and stipulations of the quality assurance agreement . Section 377 of the German Commercial Code {Handelsgesetzbuch (HGB)} is expressly excluded. If a quality assurance agreement has not been concluded between the Buyer and the Seller, the Buyer is first obligated to inspect the goods for defects when the processing of the delivered material has begun. The delivery is thus accepted conditionally until the processing. Notification of obvious defects, whether transport damage or obvious defects that are detected during processing, is deemed timely if it is sent by the Buyer to the Seller within six working days after receipt (transport damages) and/or after processing has begun. The notification of concealed defects is deemed timely if the Buyer notifies the Seller thereof within six working days after their detection.
2. The Buyer is entitled to the statutory warranty claims against the Seller, and the Seller is liable to the Buyer to the extent provided for by law. The limitation period for warranty claims is 36 months as of the passage of risk, unless explicitly stipulated otherwise in writing.
3. The Supplier is to indemnify the Buyer against all claims of third parties based on defective delivery.
4. The Supplier continues to ensure, in particular, that the deliveries and performances are made in accordance with the state of technology, with the generally recognized technical and occupational health safety provisions of governmental agencies and professional associations, and with the applicable legal provisions (such as TÜV standards, DIN standards, etc.). Acceptance or approval of samples or specimens submitted shall not constitute a waiver of warranty claims by the purchase.
5. Keyword-type designations, reference to generally recognized standards, and use of goods and quality marks, or advertising or prospectus information, in particular, suffice as warranted characteristics in accordance with the provisions of the German Civil Code {Bürgerliches Gesetzbuch (BGB)}.
6. If a defect becomes apparent within the 36-month warranty period stipulated here, it is assumed that such defect already existed upon passage of risk, unless such assumption is incompatible with the na...
Warranty/Liability. The methods used by Know-Center that relate to its software and SaaS services correspond to the generally recognized state of the art. However, programming services and the provision of SaaS services cannot be entirely free of malfunctions. Therefore, Know-Center shall assume no liability for the malfunction-free software, as long as it is basically usable within the framework of the agreement. In addition, Know-Center shall not assume any liability for the results that do not meet the expectations, not least since the quality of the results strongly depends on the quality of the previous efforts in cooperation with the customer or the customer’s input/data,
Warranty/Liability. 9.1. Statutory warranty provisions apply to the Customer if goods are found to be faulty unless an agreement to the contrary has been made here in the case of business customers.
9.2. If the Customer is a consumer, it is their responsibility to check goods to ensure they are complete, correct and in good condition upon delivery where possible. Most importantly, they should check that the packaging is intact. Any problems should be reported by email to xxxx@xxxx.xxx with a brief description. This will help any warranty claims to be resolved more quickly and effectively. Failure to follow this obligation will not result in any limitation of the consumer's statutory warranty rights.
9.3. If a business customer does not report any problems within three days, the delivery is considered to be accepted. After this point, all claims will be excluded, e.g. warranty, avoidance for mistake and compensation for damages owing to a discrepancy or fault reported at a later date (Section 377 of the Austrian Commercial Code, UGB). The same applies to incorrect or incomplete deliveries.
9.4. In the case of business customers, we will be solely responsible for selecting the legal course of action to rectify a problem reported to us within the specified period. We are also entitled to amend the agreement immediately. A business customer will also be required to cover the costs of returning the goods to be repaired or replaced.
9.5. woom’s liability and the liability of its company bodies, its employees, contractors and other vicarious agents ("Personnel") is limited to intent or gross negligence. Liability for slight negligence is excluded. This limitation of liability does not apply to damages arising from loss of life, injury or damage to people's health, to claims relating to a breach of the main obligations or to claims in accordance with the Austrian Product Liability Law. This liability disclaimer does not apply to personal injury and damage to property that woom has accepted for processing. Any exclusions or restrictions that apply to our liability will also apply to the personal liability of our Personnel.
9.6. Business customers will be required to provide proof of intent or gross negligence in the case of damages and make claims for compensation within one year of the risk being transferred. The provisions set out in these General Terms and Conditions and other provisions agreed upon in relation to compensation for damages also apply if the damages claim is made alo...