Limitation of Liability. 1. The Seller's liability is limited solely to culpable actions consisting of gross negligence or willful misconduct.
2. In no case shall the Seller be liable for the Recipient's (or third parties) lost profit. Moreover, the Seller is not liable for damages to the Recipient resulting from contractual penalties imposed on the Recipient if the amount of these penalties was not approved by the Seller. The Seller is also not liable under any other grounds of liability (in particular Article 417 of the CC) than those expressly indicated in the GTC, i.e. in terms of warranty and guarantee, respectively.
3. The Seller's total liability arising from the contract with the Recipient or related to the implementation of the contract with the Recipient is included in the value of the goods affected by the event causing the damage.
4. To the fullest extent permitted by generally applicable law, the Seller is also not liable for indirect damage or damage to persons or property or damage claimed under the provisions on non- contractual liability.
Limitation of Liability. 6.1 In no event and no matter the circumstances shall HW be liable for any loss of anticipated profit, loss of data, damage to records or data or any indirect, special, incidental or consequential damages or loss (collectively “losses”) (which for purposes of this Licence Agreement shall be deemed to include, but not be limited to the loss of goodwill, or loss as a consequence of any kind of business interruption or cost of replacement system) arising out of or in connection with this Licence Agreement or the use or performance of the Software or services connected thereto even if HW was advised of the possibility of such losses and regardless of whether the cause of action is in contract or tort. Accordingly, the Licensee cannot claim, demand or seek recovery from HW for any of the foregoing losses, and HW will not indemnify the Licensee for such claims.
6.2 HW shall have no responsibility or liability in respect of any confirmations or promises given or representations made by third parties, including HW resellers, HW partners and external consultants, regarding the Software or related services.
6.3 To the maximum extent permitted by applicable law, HW disclaims any product liability as a consequence of loss or damage to property which, in view of its nature, is normally intended for commercial use.
6.4 HW shall have no responsibility or liability for any adjustments or other modifications in the Software or any service and support of the Software performed by the Licensee itself or provided by third parties or partners of HW. Further, HW shall have no responsibility for any defects which are a consequence of external factors, including other software programs, or a consequence of the integration of or interaction between the Software and the Licensee’s own hardware and software environments.
Limitation of Liability. Items for which IBM May be Liable
Limitation of Liability. The Contractor shall not be liable for damages, regardless of the legal reason, in particular for damages replacing or subsequent fulfilment, damages due to culpa in contrahendo, inability, delay, defects, torts or any other direct or indirect damages, in particular shall not be liable for damages for loss of use, income, profit or production or for compensation for costs arising from the withdrawal of products manufactured on equipment supplied by the Contractor. Linde Material Handling Polska Sp. z o.o. xx. Xxxxxxxxxxxx 00 00-000 Xxxxxxxx tel.: + 00 00 000 00 00 faks: + 48 22 420 61 01 xxxx@xxxxx-xx.xx NIP: 000-00-00-000 KRS: 0000133470 Sąd Rejonowy Dla m. ST. Warszawy w Warszawie. Kapitał zakładowy - 8 822.500 zł BDO 000025338 Bank Handlowy w Warszawie S.A. Nr konta PLN: 68 1030 1508 0000 0008 1995 1000 Nr konta EUR: XX00 0000 0000 0000 0000 0000 0000 Firma posiada wdrożone systemy zarządzania: XX-XX XXX 0000 XX-XX ISO 14001 PN-ISO 45001
Limitation of Liability. 13.1 The following provisions set the upper limit of the Seller's financial liability (including liability for acts or omissions of its employees, agents or subcontractors) towards the Buyer in connection with the conclusion and performance of this Agreement.
13.2 These general terms and conditions of sale do not exclude or limit the Seller's liability (a) for death or personal injury caused by the Seller's negligence or (b) for which it would be unlawful to exclude or attempt to exclude the Seller's liability or (c) for misrepresentation or fraudulent misrepresentation.
13.3 Seller's liability in connection with the conclusion or performance of the Agreement or other agreements regarding sale and delivery of Products will be subject to the restrictions in relation to claims for Damage arising as a result of or in connection with the conclusion or performance of the Agreement(s) or Orders, the total liability of the Seller (including costs and interest) shall be limited to the higher of the following:
(a) 5,000,000 Polish zlotys or (b) the sum of all amounts paid or payable to the Seller under the Agreement(s) or Orders in question in the period of 12 months preceding the claim.
13.4 Without prejudice to clause 13.2, the Seller's liability for Damage caused in connection with the conclusion or performance of the Agreement(s) or Orders, including liability for unlawful acts, is limited to the amounts indicated in clause 13.3.
13.5 The Buyer hereby agrees to indemnify, defend and hold the Seller and any of its Affiliates and their respective officers, directors, employees, agents and subcontractors harmless from any Claim brought by a third party arising out of or connected with the Agreement or the Order(s), even if the claim is alleged to have been caused by gross negligence or willful misconduct.
13.6 The Buyer shall promptly notify the Seller of any such claim and cooperate with the Seller in the defence of the Claim. The Seller’s acceptance of payment for Goods delivered or the acceptance of Services shall be construed as a waiver under this Clause.
Limitation of Liability. A. In no event shall Honeywell be liable for (i) any indirect, incidental, consequential loss;
Limitation of Liability. 12.1 BARTEC is only liable in case of fault. However, BARTEC shall – irrespective of the legal basis – in no event be liable for loss of production, loss of use, loss of orders, loss of profit, cost of capital as well as any other incidental, direct or indirect or consequential damages or damages of the aforementioned kind occurring to customers of Customer or to third parties.
12.2 XXXXXX’x overall liability for all claims of any kind, irrespective of their legal basis, shall in no event exceed the overall aggregate amount of the respective net order value of the Contract.
12.3 The limitations of liability described above will not apply in case of intent or gross negligence, in cases of bodily harm or in case of a liability according to mandatory law.
12.4 To the extent that XXXXXX’x liability is excluded or limited by the provisions above, this shall also apply to the personal liability of XXXXXX’x office employments, factory workforce, staff members and vicarious agents.
12.5 With regard to XXXXXX’x liability due to delay, Clause 5.7 shall prevail.
Limitation of Liability. You expressly acknowledge and agree that FIFA shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if FIFA has been advised of the possibility of such damages), resulting from: (i) the use of or the inability to use the FIFA Ticketing Platform, Services or FIFA Content; (ii) the cost of the procurement of substitute goods and services incurred through any goods, data, information or services being purchased or obtained, messages received or transactions entered into through or from the FIFA Ticketing Platform; (iii) unauthorised access to, or alteration of, Your transmissions of data; (iv) statements or the conduct of any third party on the FIFA Ticketing Platform, Services or FIFA Content; (v) the impact of the FIFA Ticketing Platform, Services or FIFA Content and any of the FIFA Ticketing Platform, Services or FIFA Content linked to them and any materials posted on them; or (vi) any other matter relating to the FIFA Ticketing Platform, Services or FIFA Content. You agree that, regardless of any statute or law to the contrary, any claim or cause of action arising out of, or related to, the use of the FIFA Ticketing Platform, Services or FIFA Content, must be filed within one (1) year of such claim or cause of action.
Limitation of Liability. 1. The Seller is liable only for normal consequences of its actions or omissions. Consequently, the Seller's liability towards the Buyer is excluded with respect to lost benefits or any incidental or consequential damage, including interruption in the company's operations.
1. Sprzedający odpowiada jedynie za normalne następstwa swojego działania bądź zaniechania. Wyłącza się tym samym odpowiedzialność Sprzedającego wobec Kupującego w granicach utraconych korzyści, bądź jakichkolwiek szkód wtórnych bądź wynikowych w tym przerwy w działalności przedsiębiorstwa.
2. Strony zgodnie oświadczają, że Sprzedający nie odpowiada za ewentualne szkody wyrządzone osobom trzecim w związku ze sprzedażą Towarów Kupującemu i ich dalszą odsprzedażą lub użyciem jako półproduktu. Sprzedający na żądanie Kupującego dokona przelewu przysługujących mu praw i roszczeń wobec podmiotu, od którego nabył Towary lub ich producenta, które przysługują mu z tytułu odpowiedzialności za produkt.
Limitation of Liability. IN NO EVENT SHALL PARALLELS BE LIABLE TO YOU OR ANY PARTY RELATED TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OR LOST PROFITS, EVEN IF PARALLELS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.