Liability Clauses Exemplaires
Liability. Liebherr-Aerospace Montauban SAS is not liable for any compensation for potential direct or indirect damages, including any loss of business.
Liability. 13.1 Les Arcs Film Festival Liability The Festival is responsible, in respect of its customers, for the proper performance of obligations under the remote contracts, in accordance with Article 121-20-3 paragraph 4 of the Consumer Code. The Festival disclaims all liability in case of unavailability of the service resulting from a case of force majeure including: - Any malfunction of the subscriber’s software - Unpredictable and insurmountable facts from a third party - Unavailability of the Internet
13.2 Liability regarding the conduct of the event The Festival is responsible for the running of the event (change of content, change of artistic distribution, change of schedules...) and its cancellation, except in cases of force majeure or withdrawal of one of its providers.
Liability. The establishment is not liable for any damages on the holiday-maker's equipment. Holiday-makers must have subscribed civil liability insurance for their equipment (FFCC, ANWB, ADAC, etc.).
Liability. 12.1 If the CEA does not comply with all or part of its obligations under this Agreement, the Licensee shall have the possibility, subject to proving the commission of a breach by the CEA, of seeking damages for any direct damages the Licensee can prove it has incurred. In such case, the CEA’s maximum liability may under no circumstance exceed one third of the flat fee set in Section 7.1 of the Agreement.
12.2 The CEA’s liability cannot be incurred by reason of (i) damages arising out of the non-performance, in full or in part, of its obligations by the Licensee, or (ii) indirect damages, even if the CEA knew of the possibility of the occurrence of such damages. The Parties expressly agree that any financial or business loss (including without limiting to lost data, lost profits, loss of customers or orders, loss of earnings, commercial disturbances) or any lawsuit directed against the Licensee by a third party, constitutes indirect damages for which no remedies are available.
12.3 Le Licencié dégage la responsabilité du CEA contre tout préjudice relatif à l'utilisation du Logiciel, causé par le Licencié à un tiers et assume vis-à-vis de sa clientèle tous les risques inhérents à l'exploitation du Logiciel.
Liability. The Campsite declines all responsibility in the event of an incident relating to the customer's civil liability; insurance for your equipment is mandatory (FFCC, ANWB, ADAC...). The camper is responsible for the surveillance of his personal belongings (bicycles, skis, etc.). The campsite declines all responsibility in the event of theft, fire, bad weather and in the event of an incident. It is the Customer's responsibility to ensure that the contact details he provided when ordering are correct and that they will enable him to receive his order confirmation. In the event that the Customer does not receive this confirmation, it is their responsibility to contact us.
Liability. 11.1 If the CEA does not comply with all or part of its obligations under this Agreement, the Licensee shall have the possibility, subject to proving the commission of a breach by the CEA, of seeking damages for any direct damages the Licensee can prove it has incurred. In such case, the CEA’s maximum liability may under no circumstance exceed one third of the flat fee set in Section 7.1 of the Agreement.
11.2 The CEA’s liability cannot be incurred by reason of (i) damages arising out of the non-performance, in full or in part, of its obligations by the Licensee, or (ii) indirect damages, even if the CEA knew of the possibility of the occurrence of such damages. The Parties expressly agree that any financial or business loss (including without limiting to lost data, lost profits, loss of customers or orders, loss of earnings, commercial disturbances) or any lawsuit directed against the Licensee by a third party, constitutes indirect damages for which no remedies are available.
11.3 The Licensee releases the CEA from any and all liability in respect of any damages arising out of the use of the Software that are caused by the Licensee to a third party and assumes all risks inherent to the use of the Software with respect to its customers.
Liability. 16.1 Each PP, including the LP, will be liable to the other PPs and will indemnify and hold harmless such other PPs for and against any liabilities, damages and costs resulting from the non-compliance of its duties and obligations as set forth in this Agreement and its annexes.
Liability. (a) Each Party shall be liable to the other Parties for any damages it causes the other Parties by any breach of these Clauses.
(b) The data importer shall be liable to the data subject, and the data subject shall be entitled to receive compensation, for any material or non-material damages the data importer or its sub-processor causes the data subject by breaching the third-party beneficiary rights under these Clauses.
(c) Notwithstanding paragraph (b), the data exporter shall be liable to the data subject, and the data subject shall be entitled to receive compensation, for any material or non-material damages the data exporter or the data importer (or its sub- processor) causes the data subject by breaching the third- party beneficiary rights under these Clauses. This is without prejudice to the liability of the data exporter and, where the data exporter is a processor acting on behalf of a controller, to the liability of the controller under Regulation (EU) 2016/679 or Regulation (EU) 2018/1725, as applicable.
(d) The Parties agree that if the data exporter is held liable under paragraph (c) for damages caused by the data importer (or its sub-processor), it shall be entitled to claim back from the data importer that part of the compensation corresponding to the data importer’s responsibility for the damage.
(e) Where more than one Party is responsible for any damage caused to the data subject as a result of a breach of these Clauses, all responsible Parties shall be jointly and severally liable and the data subject is entitled to bring an action in court against any of these Parties.
(f) The Parties agree that if one Party is held liable under paragraph (e), it shall be entitled to claim back from the other Party/ies that part of the compensation corresponding to its/their responsibility for the damage.
(g) The data importer may not invoke the conduct of a sub-processor to avoid its own liability.
Liability. The Instructing Party shall be solely liable for all consequences arising from any lack, insufficient or defective packing, packaging, labelling or marking.
Liability. It is recalled that SHOWROOMPRIVE is not a seller in the Marketplace. SHOWROOMPRIVE only acts as host of the Marketplace. In fact, SHOWROOMPRIVE only offers the Service as previously defined and therefore only acts as (i) an intermediary between the Member and the Seller and (i) host of the Products offered for sale by the Seller. By ordering on the Marketplace, the Member therefore enters into a sales contract with the Seller alone. As a result: - The Seller assumes full responsibility for the Products they offer for sale through the Marketplace and will deal alone with any claims relating to the Products. SHOWROOMPRIVE shall not be held liable for any litigation in connection with the Sale of Products on the Marketplace, except in case of proven fault on its part. Thus, the Member exonerates SHOWROOMPRIVE from any liability that may arise in the execution of the sale, in particular with regard to the conformity of the Products, the conformity of the offer for sale, the conformity of the after-sales service, the ownership of the intellectual and industrial property rights relating to the Products. - the content of the Product Information Sheets is fed by the Sellers. SHOWROOMPRIVE shall therefore not be held liable for the information contained therein, for the description of the Products and, more generally, for any content distributed by the Sellers in their Sales Space. - SHOWROOMPRIVE may not be held liable in the event that the non-performance of its obligations is attributable: either to the improper use of the Marketplace by the Member or by a fault on the latter's part, or to an unforeseeable and insurmountable event on the part of a third party; or to a case of force majeure as defined by French case law. Similarly, SHOWROOMPRIVE cannot be held liable for any inconvenience or damage inherent in the use of the Internet network, in particular an interruption or disruption of the service.