FOCBS liability Clause Samples

FOCBS liability. The FOCBS shall be liable towards the EETS provider solely for physical injury and other damage caused intentionally or through gross negligence. The liability of the FOCBS is excluded in all other circumstances. Liability for other damages is limited to what was typical and foreseeable for the contract. The FOCBS accepts no liability for damage arising from or in connection with the electronic exchange of data or information. In particular, it shall not be liable for damage resulting from transmission errors, technical defects, malfunctions or interruptions of its electronic connections (including interface), illegal interference with telecommunications equipment, virus infiltration, copying and falsification of content, network overload, failure to detect forgeries, identity or credential defects, or wilful or accidental blocking of electronic connections by third parties. This exclusion of liability concerns in particular the EETS portal and communication the system of the EETS provider and the EETS provider's on-board units in the territory of Switzerland or the Principality of Liechtenstein. Similarly, the FOCBS accepts no liability for any damage resulting from the possible involvement of third parties in the performance of this contract. Claims of the EETS provider against the FOCBS arising from the conclusion of EETS approval contracts with other providers are thus excluded.
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FOCBS liability. The FOCBS shall be liable towards the Fuel card provider solely for physical injury and other damage caused intentionally or through gross negligence. The liability of the FOCBS is ex- cluded in all other circumstances. Liability for other damages is limited to what was typical and foreseeable for the contract. The FOCBS accepts no liability for damage arising from or in connection with the electronic exchange of data or information. In particular, it shall not be liable for damage resulting from transmission errors, technical defects, malfunctions or interruptions of its electronic connec- tions (including interface), illegal interference with telecommunications equipment, virus infil- tration, copying and falsification of content, network overload, failure to detect forgeries, iden- tity or credential defects, or wilful or accidental blocking of electronic connections by third parties. This exclusion of liability applies in particular to the FOCBS portal for users (web shop) and to communication between the system of the Fuel card provider and the FOCBS. Similarly, the FOCBS accepts no liability for any damage resulting from the possible involve- ment of third parties in the performance of this contract. Claims of the Fuel card provider against the FOCBS arising from the conclusion of Fuel card approval contracts with other providers are thus excluded.
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FOCBS liability. The FOCBS shall be liable towards the EETS provider solely for physical injury and other damage caused intentionally or through gross negligence. The liability of the FOCBS is excluded in all other circumstances. Liability for other damages is limited to what was typical and foreseeable for the contract. The FOCBS accepts no liability for damage arising from or in connection with the electronic exchange of data or information. In particular, it shall not be liable for damage resulting from transmission errors, technical defects, malfunctions or interruptions of its electronic connections (including interface), illegal interference with telecommunications equipment, virus infiltration, copying and falsification of content, network overload, failure to detect forgeries, identity or credential defects, or wilful or accidental blocking of electronic connections by third parties. This exclusion of liability concerns in particular the EETS portal and communication between the FOCBS's roadside infrastructure and the EETS provider's on-board units. Similarly, the FOCBS accepts no liability for any damage resulting from the possible involvement of third parties in the performance of this contract. Claims of the EETS provider against the FOCBS arising from the conclusion of EETS approval contracts with other providers are thus excluded.
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Related to FOCBS liability

  • Cross-Liability All required liability policies shall provide cross-liability coverage as would be achieve under the standard ISO separation of insureds clause.

  • Company's Liability The Consultant agrees to defend, indemnify, and hold the Company harmless from an against any and all reasonable costs, expenses and liability (including reasonable attorney's fees paid in defense of the Company) which may in any way result pursuant to its gross negligence or willful misconduct or in any connection with any actions taken or statements made, on behalf of the Company, without the prior approval or authorization of the Company or which are otherwise in violation of applicable law.

  • Products Liability (a) Except as set forth in Section 4.25 of the Company Disclosure Letter and for those matters that would not be reasonably expected to result in, individually or in the aggregate, any material liability on the Company or any Company Subsidiary, (i) there is no Action before any Governmental Authority pending, or to the Knowledge of the Company, threatened against the Company or any Company Subsidiary involving any products manufactured, produced, distributed or sold by or on behalf of the Company or any Company Subsidiary (including any parts or components) (collectively, “Products”), or class of claims or lawsuits involving the same or similar Product which is pending or, to the Company’s Knowledge, threatened, resulting from an alleged defect in design, manufacture, materials or workmanship of any Product, or any alleged failure to warn, or from any breach of implied warranties or representations, and (ii) to the Knowledge of the Company, there has not been, within the past three (3) years, any Occurrence. (b) Except as set forth in Section 4.25 of the Company Disclosure Letter and for those matters that would not be reasonably expected to result in, individually or in the aggregate, any material liability on the Company or any Company Subsidiary, to the Company’s Knowledge, each Product manufactured, sold, leased, or delivered by the Company and any Company Subsidiary has been in conformity in all material respects with all applicable material contractual commitments and all applicable material express and implied warranties, and neither the Company nor any Company Subsidiary has any liability (and, to the Knowledge of the Company, there is no basis for any present or future proceeding against any of them giving rise to any liability) for replacement or repair thereof or other damages in connection therewith (excluding customary warranty claims with respect to individual defected products). The Company has previously provided Parent with copies of the standard terms and conditions of sale or lease for each Product sold or leased by the Company and any Company Subsidiary (containing applicable guaranty, warranty, and indemnity provisions). (c) Except as set forth in Section 4.25 of the Company Disclosure Letter, the Company and the Company Subsidiaries have no material liability (and, to the Company’s Knowledge, there is no basis for any present or future proceeding against any the Company or any Company Subsidiary giving rise to any material liability) arising out of any injury to individuals or property as a result of the ownership, possession, or use of any Product manufactured, sold, leased, or delivered by the Company or any Company Subsidiary.

  • Advisor’s Liability The Advisor shall have responsibility for the accuracy and completeness (and liability for the lack thereof) of the statements in each Fund’s offering materials (including the prospectus, the statement of additional information, and advertising and sales materials), except for information supplied by the co-administrators or the Trust or another third party for inclusion therein. The Advisor will not be liable for any error of judgment or mistake of law or for any loss suffered by Advisor or by the Trust in connection with the performance of this Agreement, except a loss resulting from a breach of fiduciary duty with respect to the receipt of compensation for services or a loss resulting from willful misfeasance, bad faith or gross negligence on its part in the performance of its duties or from reckless disregard by it of its duties under this Agreement.

  • Defects Liability 11.1 In case of a defect, the Seller will, without undue delay and free of charge, make good any defects and/ or deficiencies in its Supplies and Services which were already existent at the time of transfer of risk to the Customer by, at its sole discretion and as the nature of the defect or deficiency would reasonably require,repair or replacement. The Customer has the obligation to inform the Seller of any defect and/ or deficiency without undue delay after detection of the same. 11.2 Should remedy of a defect and/ or deficiency finally fail, the Customer shall – without prejudice to claim damages – be entitled to terminate the Contract or ask for an equitable adjustment of the Contact price. Except as otherwise provided in the Contract, a remedy shall be deemed to have finally failed after the third unsuccessful attempt by the Seller to rectify the defect and/or deficiency. 11.3 Defect liability claims shall become statute-barred after a period of 12 months, counted from the date of completion of the concerned Supplies and/or Services (“Defect Liability Period”). In case and where a longer Defect Liability Period is mandatory as per applicable law, the Defect Liability Period mentioned in the preceding sentence shall be replaced by such mandatory longer period. If any part of the Supplies and Services has to be repaired or replaced during the Defect Liability Period, the Defect Liability Period for the relevant part of the Supplies and Services shall begin for another period of 12 months, however, provided that the Defect Liability Period shall not be (further) extended beyond 24 months from the from the date of completion of the concerned Supplies and/ or Services. 11.4 The Seller shall not be liable for any damage / defect occurring after transfer of risk to the Customer being a result of careless usage, inappropriate consumables/ fuels, defective and/ or deficient civil works, inappropriate ground conditions or special outside influences which are not specifically provided for in the Contract. Should the Customer or any third party perform improper maintenance works or effect any changes to the Supplies and Services the consequences thereof shall not be covered under subject defect liability obligations of the Seller. 11.5 The Seller shall not be liable for normal wear and tear. Wear-parts are excluded from any defect liability, except in case the Customer provides proof that the damage or defect is not caused by normal wear and tear. 11.6 Any further liability for defect liability claims is – as far as permissible by applicable law – excluded.