Liability. 14.1. You may have certain rights and remedies under:
(a) The Competition and Consumer Act 2010 (Cth) and other laws, which may imply certain conditions and warranties into this agreement;; and
(b) The Customer Service Guarantee issued by the ACMA, which established minimum connection and fault repair times, breach of which entitles you to certain specified amounts of damage.
14.2. We do not exclude or restrict or modify those rights, remedies or implied conditions and warranties.
14.3. Where we are liable for any loss or damage in connection with or arising from the breach of any term, condition, warranty or remedy implied by the Competition and Consumer Act 2010 (Cth) our liability is limited to resupplying, repairing or replacing the relevant service or equipment where the service or equipment is not of a kind ordinarily required for personal, domestic or household use or consumption and where it is fair and reasonable to do so.
Liability. 8.1 We shall be liable for any damages insofar as we, our employees or performing parties are charged with intent or gross negligence.
Liability. HMS will use all reasonable skills and care in performing this Agreement. HMS agrees, to use its best efforts, to provide reasonable security data protection throughout all Devices and users that have subscribed to the Services. In any circumstances, HMS is not liable in case of unauthorized access to Client’s Devices, content, Device Data, or Client Data through the use of HMS Services unless the unauthorized access was caused by HMS’s failure to perform its obligations under this Agreement. The total compensation, for which HMS may be liable with regard to the Services and by virtue of its contractual and/or extra contractual liability, may not, under any circumstances, exceed the total invoice amount of the last six (6) months, before the event giving rise to the damages has occurred. HMS shall not, in any circumstance, be liable for any increased costs nor expenses, loss or corruption of Client Data, loss of profit, business contracts, revenues nor expected savings nor any special, indirect nor consequential damage whatsoever arising out of this Agreement. As indirect losses or damages will be considered, without being limited hereto: financial or commercial losses, loss of earnings, increased overhead costs, disruption of planning, loss of anticipated profits, customers or savings. This limitation of liability does not affect the liability of HMS regarding the Services Levels, as described after. The remedies given in the Service Levels are the Client’s only remedies for HMS’s failure to meet the agreed Service Levels. The Client agrees to indemnify, defend and hold HMS affiliates, HMS distributor, HMS partners and HMS staff harmless from and against any and all liability and costs, including reasonable attorneys' fees incurred by such parties, in connection with or arising out of (a) any violation or breach of any term of this Agreement or any applicable law or regulation, whether or not referenced herein by the Client or a User, or (b) any violation by the Client or a User of any rights of any third party, or (c) use or misuse of the Service by the Client or a User. Nothing in this Agreement excludes or limits HMS’s liability for fraudulent misrepresentation or for death or personal injury caused by its negligence. Except for the warranties given in this Agreement, all implied or other warranties are excluded to the extent HMS is legally able to do so. EXCEPT AS OTHERWISE PROVIDED FOR HEREIN, THE SERVICES ARE PROVIDED AS IS WITH ALL FAULT AND WITH N...
Liability. (a) If the Company can show that the e-Advice and e-Statement have been sent to the Customer’s account in Hang Seng Personal e-Banking and Hang Seng Personal Banking mobile app from the server of the Bank, the HSBC Group or the Bank’s service provider, or have been otherwise provided by the Bank, the Company and the Bank will have no liability to the Customer if the Customer suffers loss due to the e-Advice and e-Statement not being received properly or at all.
(b) The Company and the Bank will not be liable for any disclosure of confidential information where the Customer has not complied with the provisions of Clause 9 (System Security).
(c) Neither the Company or the Bank, any of the Company or the Bank’s affiliates, nor any of the telecommunications companies which may be designated by the Company or the Bank for the purposes of providing the Service will assume any liability or responsibility for any failure or delay in transmitting information to the Customer or any error or failure in such information unless this results from negligence or wilful default on the part of the Company or the Bank, any of the Company or the Bank’s affiliates, or such telecommunications companies. In particular, neither the Company or the Bank, any of the Company or the Bank’s affiliates, nor any such telecommunications companies shall assume any liability or responsibility for the consequences arising from any cause beyond the reasonable control of the Company or the Bank, any of the Company or the Bank’s affiliates, or such telecommunications company including without limitation failure of the Customer’s Telecommunications Equipment to receive information for whatever reason, any telecommunications breakdown, mechanical failure, path failure, malfunction, technical breakdown, interruption or accuracy of equipment or installation.
(d) Due to the nature of the Service, the Bank and the Company will not be responsible for any loss or damage caused to the Customer’s data, software, computer, Telecommunications Equipment or other equipment unless such loss or damage is directly and solely caused by the Bank’s negligence or wilful default.
(e) The third parties (including without limitation, system operators and internet service providers) supporting the Service are neither agencies of the Company or the Bank nor representing the Company or the Bank. There is no co-operation, partnership, joint venture or other relationship with the Company or the Bank. The Company and the Ba...
Liability. 8.1. We shall be liable for any damages, in particular resulting from culpa in contrahendo, breach of duty and unlawful acts, insofar as we, our employees or assistants are charged with intent or gross negligence.
8.2. For damages resulting from injury to life, body or health, guarantees or violation of material contractual duties, we shall also be liable for ordinary negligence. In case of a violation of contractually relevant duties our liability shall be limited to the direct average damage, predictable and typical according to the type of goods, and such total liability shall be capped no more than the total sales value of our goods. Aforementioned stipulation shall also apply to breach of duty by our employees and assistants.
8.3. We shall be liable for the infringement of third parties’ industrial property rights in connection with the sale of our goods only if such third parties’ industrial property rights are valid in the People’s Republic of China and have been published at the time of delivery and only to the extent that such third parties’ proprietary rights are infringed upon when using the products as agreed. This shall not apply if we have manufactured the delivery items according to drawings, models, descriptions or other documents or data provided by the customer and if we thus do not or need not have FREUDENBERG & VILENE INTL TRADING (SHANGHAI) CO. LTD. Xxxx 0000, Xxx Xx Xxxxxxxx, Xx. 99 科德宝‧宝翎国际贸易 (上海) 有限公司. 上海漕河泾高新开发区田州路00号 FREUDENBERG & VILENE INTERLININGS (NANTONG) CO., LTD. 000 Xxxxxx Xxxxx Xxxxx Xxxx Xxxx Zhou 科德宝宝翎衬布(南通)有限公司中国江苏南通市 长江中路000号 邮编: 226006 knowledge of any infringement of industrial property rights in connection with products developed by us. In this case our customer undertakes to warrant that there has been and will be no infringement of third parties’ industrial property rights, to inform us without delay of any potential and alleged cases of infringement of third parties’ industrial property rights which may become known to him, to indemnify us from third parties’ claims and, to bear all costs and expenses incurred.
8.4. Claims for defects of delivered products shall lapse 1 year after delivery of the products.
8.5. Claims for price reduction and rights to rescind the contract shall be rejected so far as the claim for subsequent performance has lapsed.
8.6. Our liability pursuant to the provisions of the Product Liability Law of People’s Republic of China shall remain unaffected by the aforementioned stipulations.
8....
Liability. (a) The Customer acknowledges that the Bank shall not be liable for any loss incurred by the Customer arising out of his failure to comply with these terms and conditions and to exercise due care in the handling and use of checks and the conduct of the account generally.
(b) The Bank is not obliged to honour any check which is defaced, incorrectly completed or altered without confirmation by the full signature of the Customer. If it does so other than as a result of negligence or willful misconduct of any officer, employer or agent of the Bank, the Bank shall incur no liability to the Customer for having done so.
Liability. 13.1 THE BANK SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE WHATSOEVER OR HOWSOEVER ARISING IN RELATION TO THE GIFT CARD OR ITS USE OR ANY TRANSACTION TO THE CARDHOLDER, MERCHANT OR ANY PERSONS, EXCEPT THOSE DIRECTLY CAUSED BY THE NEGLIGENCE OR WILFUL DEFAULT OF THE BANK.
13.2 IF THE GIFT CARD OR THE PIN IS LOST OR STOLEN OR IF THE CARDHOLDER IS AWARE THAT A THIRD PARTY KNOWS THE PIN, THE CARDHOLDER SHALL NOTIFY THE BANK AS SOON AS REASONABLY PRACTICABLE. PRIOR TO THE RECEIPT OF SUCH NOTIFICATION BY THE BANK, ALL TRANSACTIONS EFFECTED THROUGH OR BY THE USE OF THE GIFT CARD SHALL BE CONCLUSIVELY BINDING ON THE CARDHOLDER. SUBJECT TO CLAUSE 13.3, THE CARDHOLDER SHALL NOT BE LIABLE FOR ANY UNAUTHORIZED TRANSACTION EFFECTED AFTER THE BANK HAS RECEIVED PROPER NOTICE OF THE LOSS OR THEFT OF THE GIFT CARD OR OF THE DISCLOSURE OF THE PIN FROM THE CARDHOLDER THROUGH THE BANK'S 24-HOUR LOST CARD HOTLINE AT 0000 0000 OR SUCH OTHER TELEPHONE NUMBER DESIGNATED BY THE BANK BY NOTICE DISPLAYED AT THE BANK'S BRANCHES IN HONG KONG, ON ITS WEBSITE OR BY OTHER MEANS AS APPROPRIATE FROM TIME TO TIME. ANY NOTICE OF THE LOSS OR THEFT OF THE GIFT CARD OR OF THE DISCLOSURE OF THE PIN SHALL BE CONFIRMED IN WRITING.
13.3 NOTWITHSTANDING CLAUSE 13.2, THE CARDHOLDER SHALL BE LIABLE FOR ALL LOSSES AND DAMAGES IN RESPECT OF THE USE OF THE GIFT CARD IF THE CARDHOLDER HAS（A）ACTED FRAUDULENTLY OR NEGLIGENTLY,
Liability. 14.1. To the extent permitted by law, neither party shall be liable to the other party under any cause of action (whether arising in contract (including under any indemnity or warranty), in tort or delict (including negligence), for breach of statutory duty or otherwise) for any loss or damage that comprise:
(a) punitive or pure economic cost;
(b) indirect, incidental, special or consequential loss or damage;
(c) economic loss;
(d) loss of opportunity;
(e) loss of production;
(f) loss of use;
(g) loss of sales;
(h) loss or depletion of goodwill;
(i) loss of profit;
(j) loss of anticipated profit;
(k) loss of revenue (excluding the charges payable to Sandvik), (l) loss of data, in each case, whether or not reasonably foreseeable or in the contemplation of the parties at the time the Contract was entered into. 14.2. To the extent permitted by law, and subject to Clause 14.1, at all times, Sandvik’s total aggregate liability shall be capped at 100% of the amounts paid to Sandvik under the relevant Order Acceptance, (which for the avoidance of doubt also shall include any price reduction or market value for replaced or terminated Goods and/or Services claimed by the Customer) except nothing in
Liability. 15.1 We, our legal representatives, employees, and persons employed to perform our obligations shall only be liable for damages and claims for expenses of purchaser, irrespective of the legal basis therefor, whether based on breach of obligations deriving from the contract and/or tort,
(i) in the event of intentional misconduct or gross negligence on our part, the part of our legal representatives, employees or persons employed to perform our obligations, or
(ii) if the breach of our contractual obligations violates the essence of the contract and purchaser relies, and is entitled to rely, on the fulfilment of such obligations (essential obligations). In the event of slight negligence in breach of essential obligations, our liability for damages shall be limited to the foreseeable damage typical for a con- tract of this nature up to €100,000 or equivalent value in other currency or twice the invoiced value of the goods or services in question if this value exceeds
15.2 The aforementioned exclusion or limitation of liability shall not apply in cases of damage to life, body or health or in other cases of mandatory liability.
Liability. 16.1 売主に責任があると判明した個人的な傷害に対して、売主は制限なく責任を負うものとする。買主の物品損害に対して責任があると判明した場合は、売主は買主に対して損害を被った物品の修復にかかった費用について、１件の損害につき、また 1 暦年につき最大 250.000,- ユーロ補償するものとする。