Common use of Limitation on liability Clause in Contracts

Limitation on liability. It is expressly agreed that Cdiscount Advertising is subject to a best efforts obligation (obligation de moyens). Cdiscount Advertising assumes no liability for interruptions or malfunctions of the internet network or the mobile network due to external elements that prevent the advertisement Campaigns from being routed, even when such elements do not present the characteristics of force majeure. In such a case, the Customer cannot claim payment of any indemnity whatsoever. Cdiscount Advertising shall be released from its obligation to disseminate the Advertisement and/or perform the Services following the occurrence of any fortuitous or force majeure event as found under the case law of the French courts and tribunals pursuant to paragraph 1 of article 1218 of the French Civil Code or any action attributable to a third party or any other circumstance having a cause that its external to and/or independent from the personal action of Cdiscount Advertising, and that directly or indirectly prevents it from meeting its obligations. In such circumstances, any delay or failure to perform cannot serve as grounds for the termination of the Inclusion Order by the Customer or entitle it to damages. Amounts invoiced by Cdiscount Advertising remain due in full by the Customer. Any breach by the Customer of its obligations shall result in invoicing by Cdiscount Advertising as provided for in article 12. If the Advertisement is not disseminated or the dissemination thereof is interrupted, Cdiscount Advertising undertakes to disseminate the Advertisement under terms similar to those provided for in the Inclusion Order for the remainder of the agreed period and according to the availability of the Media.

Limitation on liability. It is expressly agreed that Cdiscount Advertising is subject to a best efforts obligation (obligation de moyens). Cdiscount Advertising Advertisement assumes no liability for interruptions or malfunctions of the internet network or the mobile network due to external elements that prevent the advertisement Campaigns from being routed, even when such elements do not present the characteristics of force majeure. In such a case, the Customer cannot claim payment of any indemnity whatsoever. Cdiscount Advertising Advertisement shall be released from its obligation to disseminate the Advertisement and/or perform the Services following the occurrence of any fortuitous or force majeure event as found under the case law of the French courts and tribunals pursuant to paragraph 1 of article 1218 of the French Civil Code or any action attributable to a third party or any other circumstance having a cause that its external to and/or independent from the personal action of Cdiscount Advertising, and that directly or indirectly prevents it from meeting its obligations. In such circumstances, any delay or failure to perform cannot serve as grounds for the termination of the Inclusion Order by the Customer or entitle it to damages. Amounts invoiced by Cdiscount Advertising remain due in full by the Customer. Any breach by the Customer of its obligations shall result in invoicing by Cdiscount Advertising as provided for in article 12. If the Advertisement is not disseminated or the dissemination thereof is interrupted, Cdiscount Advertising undertakes to disseminate the Advertisement under terms similar to those provided for in the Inclusion Order for the remainder of the agreed period and according to the availability of the Media.