Liability. 5.1 The AEW merely has a facilitating role to allow participation in a tour or race on the Weissensee. Participation in this shall be at the expense and risk of the participants.
5.2 The AEW shall not be liable towards participants nor towards third parties for any material and/or immaterial damage and/or any bodily injury resulting from participation in the events organised by the foundation, except for damage and/or bodily injury caused intentionally and/or by recklessness bordering on intent of an employee or volunteer of the AEW.
Liability. 1.Consulere is not liable for any damage whatsoever due to Consulere assuming incorrect and / or incomplete data provided by or on behalf of the client. 2.Consulere undertakes to conduct the agreement to the best insight and ability. Legal documents are drawn to the best insight and ability, in compliance with applicable laws and regulations and applicable jurisprudence. Consulere, however, undertakes solely an effort commitment and can never afford the results that the client intended to enter into with the agreement. 3.Consulere is not liable for damage caused by the client, against Xxxxxxxxx'x advice in prescribed procedures and instructions.
Liability. 9.1 DANS shall neither be liable for the contents of the datasets made available through DataverseNL, nor for the documentation associated with those datasets. DANS shall not be liable for content errors or incorrect inferences from the datasets and the data contained therein.
Liability. (1) Liability is determined from the provisions of the JDLink contract.
Liability. 1. The buyer can enforce claims (including guarantee‐related claims) against us only in the event that the guarantee obligations with respect to goods that we have delivered have not been undertaken by third parties (such as manufacturers). In such cases our liability will be limited to defects that are the result of a manufacturing or material error.
2. In the event that a complaint is submitted and we establish that the complaint with respect to quality is well‐ founded, and provided that we are liable pursuant to the provisions stipulated in subsection 1 above, we will have the choice to:
a. remedy the defects free of charge;
b. deliver replacement goods or parts, after we have received back the defective goods or parts;
c. refund the purchase price received/credit the invoice that was sent to the buyer (exclusive of any freight charges), subject to the dissolution of the agreement that was concluded, without any judicial intervention being required, all of the foregoing insofar as the purchase price, the invoice and the agreement relate to the defective goods that were delivered; or
d. pay the buyer compensation in a form other than those listed above, in consultation.
3. Any and all guarantee obligations on our part will lapse in the event that the buyer makes repairs and/or changes (or has allowed a third party to make repairs and/or changes) to the goods without prior, explicit and written permission to do so.
4. With the exception of any possible obligations that we may bear in accordance with the foregoing provisions, in no event are we obliged to pay any form of compensation of damage to the buyer or other parties, unless there has been an intentional act or omission or negligence on our part (which the party that is holding us liable must demonstrate by lawful means). In particular, in no event will we be liable for any consequential damage or other indirect loss, however it may be named, including loss of profits or loss owing to stoppage, sustained by the client, its subordinates, persons it has assigned to work or third parties, by full or partial delivery (or redelivery) of goods, delayed or improper delivery, or by a failure to deliver the goods or by the goods themselves.
5. The buyer is not permitted to send back any goods in respect of which no substantiated complaint exists. In the event that it nevertheless does so without valid reasons, all the costs related to sending back the goods will be at the buyer’s expense. In such cases we wi...
Liability. 11.1 Client is liable at all times for damages to or caused by the airplane used for delivering CIE’s services to Client, regardless of it being a rental airplane or an airplane partially or fully owned by Client.
11.2 CIE is solely liable for direct damages as determined by a final court order insofar as these damages caused by gross negligence on the part of the CIE assigned instructor or repatriation pilot.
11.3 CIE’s liability for direct damages is always limited to the amounts invoiced for CIE’s services to Client in the six (6) months preceding, limited in all cases to the amount of € 5.000,- (in writing: five thousand Euros).
11.4 Claims by Client have to be brought forward in writing to CIE no later than within one (1) month of the damages reasonably could have been detected by Client. Client will forsake his rights when surpassing this period.
Liability. 11.1 Setreset Films is not liable for:
a. Errors or shortcomings in the material supplied by the client.
b. Misunderstandings, errors or shortcomings with regard to the implementation of the agreement if these are caused by actions of the client, such as late or non-delivery of complete, sound and clear data/materials.
c. Errors or shortcomings of third parties engaged by or on behalf of the client.
d. Defects in quotations from suppliers or for exceeding quotations from suppliers.
e. Errors or shortcomings in the design or the text/data, if the client, in accordance with the provisions of art. 2.5 has given its approval, or has been given the opportunity to carry out an inspection and has not made use of this.
f. Errors or shortcomings in the design or the text/data, if the client has omiMed to create or have carried out a certain model, prototype or test, and these errors in such a model, prototype or test could have been observed.
11.2 Setreset Films is only liable for direct damage aMributable to it. Direct damage is only understood to mean:
a. Reasonable costs for determining the cause and extent of the damage, insofar as the determination relates to damage within the meaning of these terms and conditions;
b. Any reasonable costs necessary to have the defective performance of Setreset Films comply with the agreement;
c. Reasonable costs incurred to prevent or limit damage, insofar as the client demonstrates that these costs have led to limitation of the direct damage as referred to in these general terms and conditions. Liability of Setreset Films for all damage other than the aforementioned, such as indirect damage, including consequential damage, lost profit, mutilated or lost data or materials, or damage due to business interruption, is excluded.
11.3 Except in the case of intent or deliberate recklessness on the part of Setreset Films or the management of Setreset Films - subordinates are therefore excluded -, Setreset Films’ liability for damage under an agreement or an unlawful act commiMed against the client is limited to the invoice amount that relates to the part of the assignment performed, less the costs incurred by Setreset Films for engaging third parties, on the understanding that this amount will not exceed €45.000 and will in any case be limited at all times to a maximum of the amount that the insurer pays to Setreset Films, if applicable.
11.4 Any liability expires after one year from the time the assignment is completed.
11.5 The cli...
Liability. 12.1 Should the goods delivered by Supplier be defective, Suppliers liability towards Customer is limited to what is defined under Guarantee rights of these terms and conditions;
12.2 Should Supplier be liable for direct damage, this liability will be limited to the amount paid by its insurer, or at least up to the invoice amount, or to the amount corresponding with that part of the Agreement to which the liability pertains;
12.3 Supplier shall never be liable for indirect damage including consequential damage, loss of profit, loss of savings and damage due to stagnation of business;
12.4 The limits of liability for direct damages included in these terms and conditions shall not apply if the damage is due to intent or gross negligence of Supplier or his subordinates;
Liability. 15.1. The Supplier is liable for all damage suffered by the Client as a result of the Supplier not meeting his obligations, not meeting them on time, or not meeting them in line with that set out in the Contract or upon infraction of any other contractual or non-contractual obligation. The Supplier shall indemnify the Client against any claim made by third parties.
15.2. The Supplier shall be liable based on law and/or Contract to the Client to ensure that there is sufficient insurance and continuation of insurance and all normal insurable risks within his operations are insured and continue to be insured. The Supplier shall, where requested by the Client, immediately provide a (certified copy of the) policy/ies and evidence of payment of premiums.
Liability. 17.1 We cannot be held liable for the advertising carried out and for the loss of advertising revenue resulting from defective appliances.
17.2 All legal permits that are or may be necessary for the installation of our products must be applied for and obtained by our clients them- selves. Under no circumstances shall we be liable for failure to obtain any permit if we have not been involved in the application procedure. Failure to obtain a permit is no reason to cancel the order or delivery.
17.3 All products are intended to remain in the country where we have delivered them and to be used as agreed with the customer. In the event of any resale or export, the customer is responsible for complying with the applicable laws and licences of the destination country. We cannot bear any responsibility for this nor owe any compensation to the buyer for the customer’s failure to comply with any applicable laws in this regard.
17.4 Except as otherwise provided in these general terms and conditi- ons of sale, we shall not be liable in any way for damages, in any way caused and of any nature whatsoever, on the basis of extra-contractual or contractual fault, negligence of our personnel or agents in relation to our products.
17.5 All conditions, warranties or other terms whether express or implied, statutory (other than mandatory statutory provisions) or otherwise imposed are hereby expressly excluded to the fullest extent possible, provided that nothing in this clause shall exclude or limit our liability in respect of death or personal injury caused by our negligence or by our personnel and in respect of claims under the Product Liability Act of 25 February 1991.
17.6 In any event, our liability shall be limited to foreseeable damages and shall not include consequential damages, including, but not limited to, loss of revenue, loss of turnover, loss due to closure, increased production costs or operational costs, loss of clients, loss of reputation, loss of data.