Exclusions of liability. 11.1 In respect of Limited Liability, we will not be liable for loss of or damage to your goods as a result of fire or explosion howsoever that fire or explosion was caused, war, invasion, acts of foreign enemies, hostilities (whether war is declared or not), civil war, terrorism, rebellion and/or military coup, Act of God, industrial action or other such events outside our reasonable control unless we have been negligent or in breach of contract.
11.2 In respect of Standard Liability and Limited Liability, other than as a result of our negligence or breach of contract we will not be liable for any loss of, damage to, or failure to produce the following goods :-
11.2.1 Bonds, Securities, Stamps of all kinds, Manuscripts or other Documents or Electronically held Data Records, Mobile Telephones
11.2.2 Plants or goods likely to encourage vermin or other pests or to cause infestation or contamination.
11.2.3 Perishable items and/or those requiring a controlled environment.
11.2.4 Furs exceeding £100 in value, Jewellery, Watches, Precious Stones and Metals, Money, Coins, Deeds.
11.2.5 Any animals, birds or fish.
11.2.6 Loss of structural integrity of furniture constructed of particle board resulting from crumbling of the board.
11.3 In respect of Standard Liability and Limited Liability, other than as a result of our negligence or breach of contract we will not be liable for any loss of, damage to, or failure to produce the goods if caused by any of the following circumstances:-
11.3.1 Loss or damage arising from ionising radiations or radioactive contamination
11.3.2 Loss or damage arising from Chemical, Biological, Bio-chemical, Electromagnetic Weapons and Cyber Attack
11.3.3 Indirect or consequential loss of any kind or description
11.3.4 By normal wear and tear, natural or gradual deterioration, leakage or evaporation or from perishable or unstable goods. This includes goods left within furniture or appliances.
11.3.5 By vermin, moth, insects and similar infestation, damp, mould, mildew or rust
11.3.6 By cleaning, repairing or restoring unless we arranged for the work to be carried out.
11.3.7 By change to atmospheric or climatic conditions.
11.3.8 For any goods in wardrobes, drawers or appliances, or in a package, bundle, carton, case or other container not both packed and unpacked by us.
11.3.9 Loss of or damage to china, glassware and fragile items unless they have been both professionally packed and unpacked by us or our Subcontractor. In the event of a...
Exclusions of liability. (a) Unless explicitly set out otherwise in this Agreement, no Party, nor any of their respective Affiliates, shall be liable in connection with this Agreement for any punitive, incidental, consequential, exemplary, special or indirect, speculative, not reasonably foreseeable or similar damages, including any loss of future revenue, profits, income, or anticipated savings, loss of business reputation, goodwill or opportunity relating to the breach or alleged breach of this Agreement, diminution of value or based on any type of multiple; provided, this sentence does not preclude such Damages to the extent actually owed with respect to a Third-Party Claim or caused by, resulting from, arising out of, or in connection with (i) any fraudulent acts or omissions, (ii) a breach of Section 14.1, or (iii) solely with respect to such damages incurred by Supplier or any of its Affiliates, the use of the 3M Trademark by Purchaser or its Affiliates or licensees, including breach of license terms, damages to the 3M Trademark itself or the infringing use of the 3M Trademark. The limitations of this Section 11.1(a) apply regardless of whether the damages are based on breach of warranty, breach of contract, negligence, strict liability in tort, or any other legal or equitable theory.
(b) Notwithstanding anything in this Agreement to the contrary, neither Supplier nor any of its Affiliates shall have any liability towards Purchaser or any of its Affiliates or Indemnified Persons for (a) any failure to supply the Products or perform any of its obligations hereunder in accordance with this Agreement or (b) any Damages or inconveniences incurred by Purchaser or any of its Affiliates or Indemnified Persons, in each case ((a) and (b)) to the extent caused by, relating to, or arising out of or in connection with (i) Purchaser’s or any of its Affiliates’ acts, omissions, or breach of this Agreement or failure to satisfy any of its obligations under this Agreement, (ii) Purchaser’s or any of its Affiliates’ implementation, execution, use or exploitation of any of the services, Products (including product liability claims) or other deliverables received by or benefits (including usage rights) granted to Purchaser or its Affiliates under or in accordance with this Agreement, (iii) Purchaser’s or any of its Affiliates’ manner of operating or conducting Purchaser’s business (including the operations or systems) if operated or conducted materially differently than the manner in which Pur...
Exclusions of liability. 10.1 We shall not be liable for loss or damage caused by fire or explosion, unless we have been negligent or in breach of contract. It is Your responsibility to insure Your Goods. If You ask Us in writing to arrange insurance cover for You We will, provided You declare the full replacement value of Your Goods and pay the premium in advance.
10.2 We shall not be liable for delays or failures to provide the services under this Agreement as a result of war, invasion, acts of foreign enemies, hostilities (whether war is declared or not), civil war, terrorism, rebellion and/or military coup, Act of God, adverse weather, third party industrial action, re-scheduled sailing, departure or arrival times, port congestion, or other such events outside our reasonable control.
10.3 Other than as a result of Our negligence or breach of contract We will not be liable for any loss, damage or failure to produce the goods as a result of:
10.3.1 Normal wear and tear, natural or gradual deterioration, leakage or evaporation or from perishable or unstable goods. This includes goods left within furniture or appliances.
10.3.2 Moth or vermin or similar infestation.
10.3.3 Cleaning, repairing or restoring unless We arranged for the work to be carried out.
10.3.4 Changes caused by atmospheric conditions such as dampness, mould, mildew, rusting, tarnishing, corrosion, or gradual deterioration unless directly linked to ingress of water. OR
10.3.5 For any goods in wardrobes, drawers or appliances, or in a package, bundle, carton, case or other container not both packed and unpacked by Us.
10.3.6 For electrical or mechanical derangement to any appliance, instrument, clock, computer or other equipment unless there is evidence of related external damage.
10.3.7 For any goods which have a pre-existing defect or are inherently defective.
10.3.8 For perishable items and/or those requiring a controlled environment.
10.3.9 Loss of structural integrity of furniture constructed of particle board resulting from crumbling of the board.
10.3.10 For items referred to in Clause 4.
10.4 No employee of Ours shall be separately liable to you for any loss, damage, mis-delivery, errors or omissions under the terms of this Agreement.
10.5 Where goods are handed out from store Our liability will cease upon handing over the goods to You or Your authorised representative (see Clause 11.1 below).
10.6 We will not be liable for any loss or damage caused by Us or Our employees or agents in circumstances where:(...
Exclusions of liability. 10.1 Other than as a result of our negligence or breach of contract we will not be liable for any loss, damage or failure to produce the goods if caused by any of the following circumstances
10.1.1 By fire howsoever caused
10.1.2 By war, invasion, acts of foreign enemies, hostilities (whether war is declared or not), civil war, terrorism, rebellion and/or military coup, Act of God, third party industrial action or other such events outside our reasonable control.
10.1.3 By normal wear and tear, natural or gradual deterioration, leakage or evaporation or from perishable or unstable goods. This includes goods left within furniture or appliances.
10.1.4 By moth or vermin or similar infestation.
10.1.5 By cleaning, repairing or restoring unless we arranged for the work to be carried out.
10.1.6 By change to atmospheric or climatic conditions. OR
10.1.7 For any goods in wardrobes, drawers or appliances, or in a package, bundle, carton, case or other container not both packed and unpacked by us.
10.1.8 For electrical or mechanical derangement to any appliance, instrument, clock, computer or other equipment unless there is evidence of related external damage.
10.1.9 For any goods which have a pre-existing defect or are inherently defective.
10.1.10 For animals and their cages or tanks including pets, birds or fish.
10.1.11 For plants
10.1.12 For perishable items and/or those requiring a controlled environment.
10.1.13 For items referred to in Clause 4.
10.1.14 For damages or costs resulting indirectly from, or as a consequence of, loss, damage, or failure to produce the goods including but not limited to loss of use or amenity.
10.2 No employee of ours shall be separately liable to you for any loss, damage, mis- delivery, errors or omissions under the terms of this Agreement.
10.3 Our liability will cease upon handing over goods from our warehouse (see Clause 11.2 below).
Exclusions of liability. 9.1. Nothing in this Contract shall be taken to attempt to exclude or limit liability for death or personal injury caused by negligence, or for fraudulent misrepresentation.
9.2. Subject to clause 9.1:
9.2.1. all representations, and all warranties, whether express or implied by statute, law or otherwise, relating to the operation of our Systems and the data in them are excluded to the maximum extent permissible by law; and
9.2.2. we will not have any liability whatsoever to you or any End User to whom you relay results as a result of any failure or inaccuracy, delay or error in the operation of our Systems or the information from them.
9.3. Subject to clause 9.1, we will not be liable (on any legal basis, including under the law of tort) for any loss to you arising out of this Contract or your use of our Systems which could be described as;
9.3.1. loss of revenue;
9.3.2. loss of profits;
9.3.3. loss of goodwill;
9.3.4. loss of data;
9.3.5. indirect losses; or
9.3.6. consequential loss suffered by you.
Exclusions of liability. Neither the Design-Builder nor the Owner will be liable to the other for any consequential or indirect damages in connection with this Agreement, whether based in contract, tort (including negligence), strict liability or otherwise and including loss of use, loss of revenues or profits and loss of opportunity. This Section 57.1 will not limit any liability the Design-Builder may have under this Agreement to pay liquidated damages.
Exclusions of liability. 17.1 We will not be liable for:
i. Any loss or damage occurring in the course of the provision of removal by a third party.
ii. Loss or damage resulting from inadequate or improper packing or unpacking unless the goods damaged or causing damage were both packed and unpacked by us.
iii. Loss or damage to passports, travel documents, wallets, handbags containing valuables, mobile phones, portable IT, electronic devices, currency, cash, bank or credit cards, jewellery, watches, trinkets, precious stones, money, deeds, securities, stamps, coins, valuable or fragile collections of any kind.
iv. Perishable items and/or those requiring a controlled environment.
v. For electrical or mechanical derangement to any appliance, instrument, clock, computer or other equipment unless there is evidence of related external damage.
vi. Any loss or damage involving the restoration or reconstruction of information or data or any item of so-called consequential loss.
17.2 We shall not be liable for loss or damage caused by the following, unless we have been negligent or in breach of contract.
i. Normal wear and tear, natural or gradual deterioration, leakage or evaporation or from perishable or unstable goods. This includes goods left within furniture or appliances;
ii. Fire, moth or vermin, Acts of God, war, terrorism, invasion, acts of foreign enemies, hostilities (whether war is declared or not), civil war, rebellion or military coup, adverse weather, third party industrial action, traffic, re-scheduled sailing, departure or arrival times, port congestion or other events outside of our control;
iii. Cleaning, repairing or restoring unless we arranged for the work to be carried out;
iv. Changes caused by atmospheric conditions such as dampness, mould, mildew, rusting, tarnishing, corrosion, or gradual deterioration unless directly linked to ingress of water;
v. For any goods in wardrobes, drawers or appliances, or in a package, bundle, carton, case or other container not both packed and unpacked by us.
vi. To any goods which have a proven defect.
vii. To animals, plants and items referred to in clause 17.1 viii. For items referred to in clause 12.2.
17.3 If you instruct us to move, transport or dismantle self-assembly or interconnecting furniture, we will not be liable for any damage to it nor for its quality when reassembled by you or us. This also applies to other furniture which is unsuitable for removal or transport.
17.4 We will not be liable for any consequential and/or...
Exclusions of liability. Except in connection with and to the extent of any breach of section 7 (Confidentiality), in no event shall either Party, its affiliates, licensors or suppliers, or any of their respective officers, directors, employees, shareholders, agents or representatives be liable to the other Party, or any other person or entity for any indirect, special, incidental, exemplary or consequential damages or any loss of goodwill under or in any way relating to this Agreement or resulting from the use of or inability to use the deliverables or the performance or non-performance of any Services, including the failure of essential purpose, even if such Party has been notified of the possibility or likelihood of such damages occurring, and whether such liability is based on any legal or equitable theory, including, but not limited to, contract, tort, negligence, strict liability, products liability or otherwise.
Exclusions of liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL JETBRAINS BE LIABLE TO THE CUSTOMER, THE CUSTOMER’S AFFILIATES, USERS, OR ANYONE ELSE UNDER ANY THEORY FOR:
(A) ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, OR SIMILAR DAM- AGES WHATSOEVER, INCLUDING LOSS OF USE, DATA, GOODWILL, OR PROFITS, WHETHER OR NOT FORE- SEEABLE; AND/OR
(B) ANY OTHER CLAIMS, INCLUDING THOSE (I) FOR BUSINESS INTERRUPTION, FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR REASONABLE CARE, (II) BASED ON ANY THEORY OF LIABILITY, INCLUDING BREACH OF CONTRACT (SAVE FOR MANDATORY LIABILITY, INTENT, OR GROSS NEGLIGENCE) OR WARRANTY, OR (III) ARISING OUT OF OR IN CONNECTION WITH THE CUSTOMER’S USE OF OR ACCESS TO JETBRAINS IDE SERVICES OR SUPPORT. THIS LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
Exclusions of liability. Any claims of Purchaser under Section 13 shall be excluded to the extent that:
a. Environmental Losses (i) are incurred as a consequence, after the Closing Date, of willful or grossly negligent omission by Purchaser or any Purchaser’s Affiliate (including the Sold Entities) and JV Majority Participation to take actions required under any Environmental Laws in force at the time of the omission or (ii) without limiting 13.5(f), arise out of actions that are performed to standards that are higher than those which are applicable to the industrial use of the Covered Property as of the Closing Date; or
b. Environmental Losses consist of routine maintenance or repair or the costs of improvement or upgrade of or to any building or other structure not incurred in connection with Current Remediation Measures, Investigated Sites Remediation Measures and Future Remediation Measures; or
c. Purchaser or any Purchaser’s Affiliate (including the Sold Entities) or JV Majority Participation has failed to comply in all material respects with any of its obligations under Environmental Laws or this Section 13 to the extent such failure has materially and adversely (1) prevented Seller and/or Purchaser to avoid or mitigate the Environmental Losses or (2) increased the Environmental Losses; or
d. Environmental Losses are incurred as a direct consequence of (1) notifications, notices, or disclosures of a release of Hazardous Substances to authorities or third parties, or environmental investigations on the Covered Property or neighboring properties by Purchaser, any Purchaser’s Affiliate (including the Sold Entities) or JV Majority Participation, or (2) expansion, construction, excavation or demolition activities on the Covered Property, unless, in each case, under (1) or (2) above, such activities, notifications, notices, disclosures or investigations were:
