Common use of Limitations and exclusions of liability Clause in Contracts

Limitations and exclusions of liability. 10.1 Neither party excludes or limits liability to the other party: (a) for death or personal injury resulting from the negligence of that party or its directors, officers, employees, agents or sub-contractors; or (b) for its own fraud (or that of its directors, officers, employees, agents or sub-contractors). 10.2 Subject to Clause 10.1, the maximum aggregate liability of Intertek in contract, tort (including negligence and breach of statutory duty) or otherwise for any breach of this Agreement or any matter arising out of or in connection with the Services to be provided in accordance with this Agreement shall be an amount equal to the fees paid by the Client and/or its suppliers to Intertek for the Services performed in accordance this Agreement. 10.3 Notwithstanding the above Clause 10.2, Intertek shall not be liable in contract, tort (including negligence and breach of statutory duty) or otherwise for any: (i) loss of profits; (ii) loss of sale or business; (iii) loss of or damage to goodwill or reputation; (iv) cost or expense of making a product recall; (v) loss or use or corruption of software, data or information; (vi) any indirect, consequential, punitive, or special loss (even when advised of their possibility); (vii) any incorrect results in any Reports arising from any false, unclear, incomplete, or misleading information provided to Intertek; and

Appears in 6 contracts

Sources: Terms and Conditions for General Services, Terms and Conditions for General Services, Terms and Conditions for General Services

Limitations and exclusions of liability. 10.1 Neither party excludes or limits liability to the other party: (a) for death or personal injury resulting from the negligence of that party or its directors, officers, employees, agents or sub-contractors; or (b) for its own fraud (or that of its directors, officers, employees, agents or sub-contractors). 10.2 Subject to Clause 10.1, the maximum aggregate liability of Intertek in contract, tort (including negligence and breach of statutory duty) or otherwise for any breach of this Agreement or any matter arising out of or in connection with the Services to be provided in accordance with this Agreement shall be an amount equal to the fees paid by the Client and/or its suppliers to Intertek for the Services performed in accordance this Agreement. 10.3 Notwithstanding the above Clause 10.2, Intertek shall not be liable in contract, tort (including negligence and breach of statutory duty) or otherwise for any: (i) loss of profits; (ii) loss of sale or business; (iii) loss of or damage to goodwill or reputation; (iv) cost or expense of making a product recall; (v) loss or use or corruption of software, data or information; (vi) any indirect, consequential, punitive, or special loss (even when advised of their possibility); (vii) any incorrect results in any Reports arising from any false, unclear, incomplete, or misleading information provided to Intertek; andand (viii) the Clients failure to comply with requirements of any applicable law and regulation. 10.4 Any claim by the Client against Intertek must be made within 90 days after the Client becomes aware of any circumstances giving rise to any such claim.

Appears in 3 contracts

Sources: Intertek Terms and Conditions for General Services, Terms and Conditions for General Services, Terms and Conditions for General Services

Limitations and exclusions of liability. 10.1 10.1. Neither party excludes or limits liability to the other party: (a) for death or personal injury resulting from the negligence of that party or its directors, officers, employees, agents or sub-contractors; or (b) for its own fraud (or that of its directors, officers, employees, agents or sub-contractors). 10.2 10.2. Subject to Clause 10.1, the maximum aggregate liability of Intertek in contract, tort (including negligence and breach of statutory duty) or otherwise for any breach of this Agreement or any matter arising out of or in connection with the Services to be provided in accordance with this Agreement shall be an amount equal to the fees paid by the Client and/or its suppliers to Intertek for the Services performed in accordance with this Agreement. 10.3 10.3. Notwithstanding the above Clause 10.2, Intertek shall not be liable in contract, tort (including negligence and breach of statutory duty) or otherwise for any: : (ia) loss of profits; ; (iib) loss of sale or business; ; (iiic) loss of or damage to goodwill or reputation; ; (ivd) cost or expense of making a product recall; ; (ve) loss or of use or corruption of software, data or information; ; (vif) any indirect, consequential, punitive, or special loss (even when advised of their possibility); ; (viig) any incorrect results in any Reports arising from any false, unclear, incomplete, or misleading information provided to Intertek; and (h) the Clients failure to comply with requirements of any applicable law and regulation. 10.4. Any claim by the Client against Intertek must be made within 90 days after the Client becomes aware of any circumstances giving rise to any such claim.

Appears in 2 contracts

Sources: Terms and Conditions, Terms and Conditions

Limitations and exclusions of liability. 10.1 Neither party excludes or limits liability to the other party: (a) for death or personal injury resulting from the negligence of that party or its directors, officers, employees, agents or sub-contractors; or (b) for its own fraud (or that of its directors, officers, employees, agents or sub-contractors). 10.2 Subject to Clause clause 10.1, the maximum aggregate liability of Intertek in contract, tort (including negligence and breach of statutory duty) or otherwise for any breach of this Agreement or any matter arising out of or in connection with the Services to be provided in accordance with this Agreement shall be an amount equal to the fees paid by the Client and/or its suppliers to Intertek for the Services performed in accordance this Agreement.. ( 10.3 Notwithstanding the above Clause clause 10.2, Intertek shall not be liable in contract, tort (including negligence and breach of statutory duty) or otherwise for any: (i) loss of profits; (ii) loss of sale or business; (iii) loss of or damage to goodwill or reputation; (iv) cost or expense of making a product recall; (v) loss or use or corruption of software, data or information; (vi) any indirect, consequential, punitive, or special loss (even when advised of their possibility); (vii) any incorrect results in any Reports arising from any false, unclear, incomplete, or misleading information provided to Intertek; and

Appears in 2 contracts

Sources: Terms and Conditions for General Services, Terms and Conditions for General Services

Limitations and exclusions of liability. 10.1 Neither party excludes or limits liability to the other party: (a) for death or personal injury resulting from the negligence of that party or its directors, officers, employees, agents or sub-contractors; or (b) for its own fraud (or that of its directors, officers, employees, agents or sub-contractors). 10.2 Subject to Clause 10.1, the maximum aggregate liability of Intertek in contract, tort (including negligence and breach of statutory duty) or otherwise for any breach of this Agreement or any matter arising out of or in connection with the Services to be provided in accordance with this Agreement shall be an the amount equal to the fees paid by the Client and/or its suppliers to Intertek for the Services performed in accordance to this Agreement. 10.3 Notwithstanding the above Clause clause 10.2, Intertek shall not be liable in contract, tort (including negligence and breach of statutory duty) or otherwise for any: (i) loss of profits; (ii) loss of sale or business; (iii) loss of or damage to goodwill or reputation; (iv) cost or expense of making a product recall; (v) loss or use or corruption of software, data or information; (vi) any indirect, consequential, punitive, or special loss (even when advised of their possibility); (vii) any incorrect results in any Reports arising from any false, unclear, incomplete, or misleading information provided to Intertek; andand (viii) the Clients failure to comply with requirements of any applicable law and regulation. 10.4 Any claim by the Client against Intertek must be made within ninety (90) days after the Client becomes aware of any circumstances giving rise to any such claim.

Appears in 2 contracts

Sources: General Terms and Conditions of Services, General Terms and Conditions of Services

Limitations and exclusions of liability. 10.1 Neither party excludes or limits liability to the other party: (a) : for death or personal injury resulting from the negligence of that party or its directors, officers, employees, agents or sub-contractors; or (b) or for its own fraud (or that of its directors, officers, employees, agents or sub-contractors). 10.2 . Subject to Clause clause 10.1, the maximum aggregate liability of Intertek in contract, tort (including negligence and breach of statutory duty) or otherwise for any breach of this Agreement or any matter arising out of or in connection with the Services to be provided in accordance with this Agreement shall be an amount equal to the fees paid by the Client and/or its suppliers to Intertek for the Services performed in accordance this Agreement. 10.3 . ( Notwithstanding the above Clause clause 10.2, Intertek shall not be liable in contract, tort (including negligence and breach of statutory duty) or otherwise for any: (i) loss of profits; (ii) loss of sale or business; (iii) loss of or damage to goodwill or reputation; (iv) cost or expense of making a product recall; (v) loss or use or corruption of software, data or information; (vi) any indirect, consequential, punitive, or special loss (even when advised of their possibility); (vii) any incorrect results in any Reports arising from any false, unclear, incomplete, or misleading information provided to Intertek; andand (viii) the Clients failure to comply with requirements of any applicable law and regulation. Any claim by the Client against Intertek must be made within 90 days after the Client becomes aware of any circumstances giving rise to any such claim.

Appears in 1 contract

Sources: Terms and Conditions for General Services

Limitations and exclusions of liability. 10.1 Neither party excludes or limits liability to the other party: (a) for death or personal injury resulting from the negligence of that party or its directors, officers, employees, agents or sub-contractors; or (b) for its own fraud (or that of its directors, officers, employees, agents or sub-contractors). 10.2 Subject to Clause clause 10.1, the maximum aggregate liability of Intertek in contract, tort (including negligence and breach of statutory duty) or otherwise for any breach of this Agreement or any matter arising out of or in connection with the Services to be provided in accordance with this Agreement shall be an the amount equal to the fees paid by the Client and/or its suppliers to Intertek for the Services performed in accordance to this Agreement. 10.3 Notwithstanding the above Clause clause 10.2, Intertek shall not be liable in contract, tort (including negligence and breach of statutory duty) or otherwise for any: (i) loss of profits; (ii) loss of sale or business; (iii) loss of or damage to goodwill or reputation; (iv) cost or expense of making a product recall; (v) loss or of use or corruption of software, data or information; (vi) any indirect, consequential, punitive, or special loss (even when advised of their possibility); (vii) any incorrect results in any Reports arising from any false, unclear, incomplete, or misleading information provided to Intertek; andand (viii) the Clients failure to comply with requirements of any applicable law and regulation. 10.4 Any claim by the Client against Intertek must be made within ninety (90) days after the Client becomes aware of any circumstances giving rise to any such claim.

Appears in 1 contract

Sources: General Terms and Conditions of Services