Liability. Supplier is responsible for the direct and indirect damages, including environmental, caused to Buyer, its officers, members of the board of directors, employees, agents, successors, assigns and third, demonstrably linked to the fulfillment of the Purchase Order, resulting from willful misconduct or guilty of Supplier, its agents, contractors or persons involved in the execution of the object of this Purchase Order. The eventual compensation shall cover all amounts related to all kind of damages, plus any court costs, attorney fees and other expenses resulting from the wrongful act, in particular in the following cases: (a) misuse or infringement of any patent, trademark or intellectual property, third party trade secrets or confidential information; (b) any demands of labor, torts, civil, social, social security, environmental, tax or insurance wrongly charged to the Buyer as a result of execution of the object of this Purchase Order.
Liability. 4.1. The following terms apply to all liability of the Supplier to the Buyer except in the case of:
4.1.1. death or personal injury caused by the Supplier’s negligence;
4.1.2. the Supplier’s fraud or fraudulent misrepresentation; or
4.1.3. any matter which cannot be excluded by law; and
4.1.4. for which liability is not limited or excluded.
4.2. Subject to clauses 4.1, 4.3 and 5:
4.2.1. Risk in the Goods passes to the Buyer on delivery and the Supplier shall not be liable for any loss of, damage to, or deterioration of the Goods caused in transit; and
4.2.2. the Buyer will keep the Supplier fully indemnified against all loss and /or liability arising from such loss, damage, or deterioration;
4.3. Subject to clause 4.1, the Supplier excludes all liability to the Buyer for indirect or consequential loss or damage to property arising from any breach of its obligations under these Conditions of Sale or the relationships created by them or which is attributed to the failure of Goods supplied to conform with the warranty set out in clause 5.
4.4. Except as set out in clauses 4.1 to 4.3 and clause 5 the Supplier’s maximum liability to the Buyer arising from any breach of its obligations under these Conditions of Sale or the relationships created by them will always be limited to the amounts paid or payable by the Buyer under the Supplier’s invoice for the relevant Goods.
Liability. (1) FREE NOW will not be liable for the correctness and completeness of any information provided by the User while using FREE NOW’s services.
(2) If the User incurs damages through the use of the Driver App, FREE NOW will be liable only in case of intent and/or gross negligence. In particular, if the damage is due to incorrect or incomplete information, delays in sending information, or unavailability/malfunctioning of the Driver App, FREE NOW shall be liable only if this damage is caused through intent or gross negligence.
(3) Limitations of liability shall not apply either where product guarantees are assumed, in cases of injury to life, limb or health, or to claims under the applicable product liability laws.
(4) If found liable under this clause 8., FREE NOW shall pay the User twenty (20) Euros as a penalty clause totalling the amount of compensation payable.
(5) If the Driver App or the sending of data impairs or damages the User’s hardware or software, FREE NOW will be liable only if this was caused by intent or gross negligence of FREE NOW. FREE NOW will not be liable for loss of the User’s data since it is the latter’s responsibility to ensure that data is backed up.
(6) FREE NOW's liability for services provided by a taxi operator/driver shall be excluded since FREE NOW is only an intermediary for the transaction.
(7) FREE NOW will not incur any liability if it ceases to provide services entirely or partially, temporarily or for good.
(8) No liability will be incurred for third-party contents and links to third-party websites on FREE NOW’s website or in the FREE NOW Driver App or other software and apps of FREE NOW.
(9) If the User is responsible for an infringement of rights of third parties, the User shall indemnify FREE NOW against any liability vis-à-vis third parties as well as against the costs for an appropriate legal defense. The User is obliged, if third parties assert any claims against FREE NOW on grounds of the User's infringement of rights, to immediately provide FREE NOW with all relevant information to the extent that this is required for review and defense purposes.
(10) If the User culpably violates his obligation to take due care in safeguarding and protecting his user name, passwort or other personal identification feature from unauthorized third-party access, as described in these GTC (see in particular Section 3. (2) above), and if FREE NOW incurs a loss as a result of this violation of duty of care, FREE NOW explicitly reserv...
Liability. (1) Liability is determined from the provisions of the JDLink contract.
Liability. (1) The Parties are liable for their respective obligations towards the data subject in accordance with the statu- tory provisions.
(2) With regard to their internal relationship, the liability of the Parties is determined by their respective area of responsibility, without prejudice to the provisions of this Agreement and any other liability distribution agree- ments of the Parties. Where both Parties are responsible for an area of data processing, liability for dam- ages is determined in accordance with Section 426 of the German Civil Code (BGB) Article 82 (4) and (5) GDPR.
Liability. (1) The Taxi Carrier shall be fully responsible for the activities it carries out under this Framework Intermediation Agreement, and shall further reimburse and defend FREE NOWagainst any claims, lawsuits, sanctions, penalties, costs, losses, damage, expenses and / or damages, including attorneys' fees, that are attributable to defective performance or breach of its obligations under this Framework Intermediation Agreement, or provided for in the applicable laws (including Decree - Law no. 251/98 of 11 August, which regulates the access to the taxi activity and to the taxi market).
(2) FREE NOWshall be responsible for the materials, information and contents, in whatever form, that it creates, provides and / or requires the Taxi Carrier to use, except as to the following:
(a) Accuracy, integrity and timely receipt of the materials, data and information provided by the passengers, the Taxi Carrier or other third parties; and / or
(b) Loss of data by the Taxi Carrier or the passengers.
(3) FREE NOWalso undertakes to fully indemnify the Taxi Carrier and defend it against any claims, proceedings, sanctions, penalties, costs, losses, damage, expenses and / or damages, including attorneys' fees, that are attributable to defective compliance or breach of its obligations under this Framework Intermediation Agreement, or provided for in the applicable laws. FREE NOW's liability is hereby limited to: - cases of intent or gross negligence, but not of mere negligence or light negligence; - the terms of any guarantee provided by FREE NOWto the Taxi Carrier and accepted by it; and - in respect of losses and damage incurred by the Taxi Carrier, to the payment to the latter of the value of twenty
Liability. 1 – Centauro is legally liable for any defect existing in its products as of the date of the transfer of the risk and for damages arising therefrom, unless: the product shall not have yet been put on the market (prototypes assigned or sold as such); the defect stems from observance of special requirements of the customer or if the supply is made with reservations, accepted as such by the customer; it is technically impossible to discover the defect in question; the customer shall have recommended and/or supplied certain materials or installations that could cause the said defect; and they are the consequence of application without due regard for the manufacturer's technical specifications or for good practice.
2 – Centauro shall not be considered liable for Centauro parts or components incorporated into products that have not been marketed by Centauro as a “finished product”.
3 – Centauro shall not be considered liable for damages of any type occurring in products in the possession of the customer as a result of execution of works ordered of it, unless there is fraud, negligence, all serious blame. This exclusion of liability is applied to the customer, to its employees and third parties, and the customer shall be obliged to release Centauro from all claims presented in respect of the matter by third parties.
Liability. 10.1. To the extent permitted by law, neither party is liable to the other party for any punitive or pure economic cost, indirect, incidental, special or consequential loss or damage; economic loss; loss of opportunity; loss of production; loss of use; loss of sales; loss of goodwill; loss of profit or anticipated profit; or revenue, in each case whether foreseeable or not, suffered or incurred by the other party howsoever arising, including out of a breach by the other party of this Contract, a tortious or delictual (including negligent) act or omission, in equity, a breach of a statutory duty or obligation, or otherwise.
10.2. To the extent permitted by law, at all times, Xxxxxxx’x total aggregate liability to the Customer shall be capped at 100% of the amounts paid under the relevant Order Acceptance, except nothing in this Clause 10.2 excludes or restricts Xxxxxxx’x liability for death or personal injury or property damage suffered or incurred by the Customer in connection with the relevant Order Acceptance.
Liability. 12.1 MBBRAS shall compensate any damages compensation or reimburse any expenditures, to which it has exclusively given rise, and this limitation shall not apply only in the event of intent or gross negligence, for the injury of life, body or health.
12.2 The above liability limitation shall also apply to the personal liability of MBBRAS’s employees, representatives, corporate bodies, and vicarious agents.
12.3 The User shall be liable to MBBRAS in conjunction with these ZenZefi-T GTCs according to the statutory regulations. Any further liability by the User toward MBBRAS in conjunction with other agreements or services shall remain unaffected.
12.4 In addition to compensation for its own damage, MBBRAS can also request compensation for damage caused by the User or the User’s vicarious agents or assistants, including subcontractors, to other Group companies by way of performance to MBBRAS, as if it were MBBRAS’s own damages.
Liability. 12.1 MBBRAS shall indemnify any direct damages or reimburse any expenses to which it has exclusively given rise, and this limitation shall only not apply in the event of intent or gross negligence, for the injury of life, body or health.
12.2 The above liability limitation shall also apply to the personal liability of MBBRAS’s employees, representatives, corporate bodies, and vicarious agents.
12.3 The User shall be liable to MBBRAS in conjunction with these DCS-T Certificate GTCs according to the statutory regulations. Any further liability by the User toward MBBRAS in conjunction with other agreements or services shall remain unaffected.