Distributor not liable Clause Samples
The 'Distributor not liable' clause serves to limit or exclude the distributor's responsibility for certain losses, damages, or claims arising from the use or distribution of the products. Typically, this clause specifies that the distributor is not accountable for defects in the products, third-party claims, or indirect damages, and may require the manufacturer or supplier to bear such liabilities. By clearly defining the boundaries of the distributor's legal exposure, this clause protects the distributor from unforeseen risks and ensures that liability is appropriately allocated within the supply chain.
Distributor not liable. Except as provided in clause 25, the Distributor will not be liable for:
(a) any failure to convey electricity to the extent that:
(i) such failure arises from any act or omission of any Customer or other person excluding the Distributor and its officers, employees, or agents;
(ii) such failure arises from a request by the System Operator or any action taken as a result of a nationally or regionally coordinated response to a shortage of electricity that results in either:
(A) a failure to convey or reduction of injection or supply of electricity into the Network; or
(B) an interruption in the conveyance of electricity in the Network;
(iii) such failure arises from any defect or abnormal conditions in or about any Customer’s Premises;
(iv) the Distributor was taking any action in accordance with this Agreement including clause 4.4;
(v) such failure arises from any act or omission of the System Operator, a Generator, or a Grid Owner, unless and to the extent that the Distributor has obtained a service guarantee from the System Operator or Grid Owner and the System Operator or Grid Owner has paid the Distributor under the relevant service guarantee, in which case the Distributor will be liable to the Trader only to the extent of the Trader's proportionate share of such payment having regard to all other traders and all customers affected by the relevant event, as determined by the Distributor (acting reasonably); or
(vi) such failure arises because the Distributor is prevented from making necessary repairs (for example by police at an accident scene), except to the extent that the failure is caused or contributed to by the Distributor not acting in accordance with this Agreement; or
(b) any failure to perform any obligation under this Agreement caused by the Trader's failure to comply with this Agreement, except to the extent that the failure is caused or contributed to by the Distributor not acting in accordance with this Agreement; or
(c) any momentary fluctuations in the voltage or frequency of electricity conveyed; or
(d) nonconformity with regulated harmonic voltage and current levels where this nonconformity is because of the use of Fittings and Appliances by someone other than the Distributor.
Distributor not liable. Except as provided in clause 25, the Distributor will not be liable for:
(a) any failure to convey electricity to the extent that:
(i) such failure arises from any act or omission of any Customer or other person excluding the Distributor and its officers, employees or agents;
(ii) such failure arises from a request by the System Operator or any action taken as a result of a nationally or regionally coordinated response to a shortage of electricity that results in either:
Distributor not liable. Except as provided for in clause 18.9, the Distributor will not be liable for:
(a) any momentary fluctuations in the voltage or frequency of electricity conveyed or nonconformity with harmonic voltage and current levels; or
(b) any failure to convey electricity to an ICP to the extent that such failure arises from:
(i) Load Shedding;
(ii) Planned Service Interruptions;
(iii) Unplanned Service Interruptions due to the partial or entire failure of the Network;
(iv) any act or omission of any Customer or other person excluding the Distributor and its officers, employees, directors, contractors, or agents;
(v) a request by the System Operator or any action taken as a result of a nationally or regionally coordinated response to a shortage of electricity that results in either:
(A) a failure to convey or reduction of injection or supply of electricity into the Network; or
Distributor not liable. Except as provided in clause 26.10, the Distributor will not be liable for:
Distributor not liable. Except as provided in clause 25, the Distributor will not be liable for:
(a) any failure to convey electricity to the extent that:
(i) such failure arises from any act or omission of any Customer or other person excluding the Distributor and its officers, employees, or agents;
(ii) such failure arises from a request by the System Operator or any action taken as a result of a nationally or regionally coordinated response to a shortage of electricity that results in either:
(A) a failure to convey or reduction of injection or supply of electricity into the Network; or
(B) an interruption in the conveyance of electricity in the Network;
(iii) such failure arises from any defect or abnormal conditions in or about any Customer’s Premises;
Distributor not liable. Except as provided in Clause 0, the Distributor will not be liable for:
(a) any momentary fluctuations in the pressure, specification or odorisation levels of Gas conveyed within the Network; or
(b) any failure to convey Gas to the extent that:
(i) such failure arises from any act or omission of any Consumer or other person excluding the Distributor and its officers, employees or agents;
(ii) such failure arises from:
(A) a failure to convey or reduction of injection or supply of Gas into the Network; or
(B) an interruption in the conveyance of Gas in the Network, if the failure or interruption was requested by the Transmission System Operator or the Critical Contingency Operator under a nationally or regionally coordinated response to a shortage of Gas;
(iii) such failure arises from any defect or abnormal conditions in or about any Consumer’s Premises;
(iv) the Distributor was taking any action in accordance with this Agreement including Clause 9.4;
(v) such failure arises from any act or omission of the Transmission System Operator; or
(vi) such failure arises because the Distributor is prevented from making necessary repairs (for example by police at an accident scene), except to the extent that the failure is caused or contributed to by the Distributor not acting in accordance with this Agreement; or
(c) any failure to perform any obligation under this Agreement caused by the Retailer's failure to comply with this Agreement, except to the extent that the failure is caused or contributed to by the Distributor not acting in accordance with this Agreement.
Distributor not liable. Except as provided in clause 26.10, the Distributor will not be liable for:
(a) any momentary fluctuations in the pressure or specification of gas conveyed; or
(b) any failure to convey gas to the extent that: