Limitations of Remedies and Liability Clause Samples

Limitations of Remedies and Liability. FORMIDIUM'S TOTAL AGGREGATE LIABILITY TO CLIENT FOR ANY REASON INCLUDING WITHOUT LIMITATION, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS, AND OTHER TORTS, IS LIMITED TO (1) IN THE CASE OF A MONTHLY SUBSCRIPTION FEE PAYMENT PLAN, ALL FEES PAID TO FORMIDIUM BY THE CLIENT DURING THE SIX MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO THE LIABILITY; (2) IN THE CASE OF CLIENT ON AN ANNUAL PAYMENT PLAN, ALL FEES PAID TO FORMIDIUM BY THE CLIENT DURING THE TWELVE MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO THE LIABILITY.

Limitations of Remedies and Liability. EXCEPT FOR ANY CLAIMS SUBJECT TO INDEMNIFICATION HEREUNDER, CUSTOMER’S SOLE REMEDIES FOR ANY BREACH OF THIS AGREEMENT BY COMPANY ARE CORRECTION OF ERRORS AS SET FORTH HEREIN AND THE REPROCESSING OF ANY DATA THAT IS INCORRECT AS A RESULT OF THE BREACH AND THE APPLICATION OF ANY SERVICE LEVEL CREDITS AS DESCRIBED IN THIS AGREEMENT. EXCEPT FOR SERVICE LEVEL CREDITS APPLIED AS DESCRIBED ELSEWHERE IN THIS AGREEMENT, COMPANY’S TOTAL LIABILITY TO CUSTOMER FOR ANY REASON AND UPON ANY CAUSE OF ACTION INCLUDING WITHOUT LIMITATION, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS, AND OTHER TORTS, IS LIMITED TO ALL FEES PAID TO COMPANY BY THE CUSTOMER UNDER THIS AGREEMENT DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO THE LIABILITY.

Limitations of Remedies and Liability. Trinnex's total aggregate liability to Customer for any reason in connection with, or arising out of this Agreement, the Services, the Professional Services, the Platform, the Deliverables, or any other materials provided hereunder, including without limitation, any data security breach or any other cyber incident and upon any cause of action including without limitation, breach of contract, gross negligence, strict liability, misrepresentations, and other torts, is limited to all fees paid to Trinnex by the Customer in respect for the deficient Services or the Professional Services during the twelve (12) months immediately preceding the events giving rise to the liability. The limitations in Section 10(e) and 10(g) apply even if they do not fully compensate Customer for any losses sustained.

Limitations of Remedies and Liability. EXCEPT TO THE EXTENT PROVIDED BY LAW, HHT MAKES NO EXPRESS WARRANTIES OTHER THAN THE WARRANTY SPECIFIED HEREIN. The owner’s exclusive remedy and HHT’s sole obligation under this Warranty or in contract, tort or otherwise, shall be limited to replacement of the Component Part(s), repair of the Component Part(s), or refund of the original purchase price of the applicable Product(s), as specified above; provided, however, that (i) if HHT is unable to provide replacement of the Component Part(s) and repair of the Component Part(s) is not commercially practicable or cannot be timely made, or (ii) the customer is willing to accept a refund of the purchase price of the applicable Product(s), HHT may discharge all such obligations by refunding the purchase price of the applicable Product. In no event will HHT be liable for any incidental or consequential damages caused by defects in the applicable Product. Some States do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. This Warranty gives you specific legal rights and you may also have other rights which vary from State to State. THE DURATION OF ANY IMPLIED WARRANTY IS LIMITED TO DURATION OF THE EXPRESSED WARRANTY SPECIFIED ABOVE FOR THE APPLICABLE PRODUCT. Some States do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you.

Limitations of Remedies and Liability. EXCEPT FOR ANY CLAIMS SUBJECT TO INDEMNIFICATION HEREUNDER, CUSTOMER’S SOLE REMEDIES FOR ANY BREACH OF THIS AGREEMENT BY PREAPP ARE CORRECTION OF ERRORS AS SET FORTH HEREIN AND THE REPROCESSING OF ANY DATA THAT IS INCORRECT AS A RESULT OF THE BREACH. PREAPP’S TOTAL LIABILITY TO CUSTOMER FOR ANY REASON AND UPON ANY CAUSE OF ACTION INCLUDING WITHOUT LIMITATION, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS, AND OTHER TORTS, IS LIMITED TO ALL FEES PAID TO PREAPP BY THE CUSTOMER UNDER THIS AGREEMENT DURING THE TWELVE MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO THE LIABILITY.

Limitations of Remedies and Liability. ORGAMATION'S TOTAL AGGREGATE LIABILITY TO CUSTOMER FOR ANY REASON AND UPON ANY CAUSE OF ACTION INCLUDING WITHOUT LIMITATION, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS, AND OTHER TORTS, IS LIMITED TO (1) IN THE CASE OF CUSTOMER ON A MONTHLY PAYMENT PLAN, ALL FEES PAID TO ORGAMATION BY THE CUSTOMER IN RESPECT OF USER LICENSES FOR THE SYSTEM DURING THE THREE MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO THE LIABILITY; (2) IN THE CASE OF CUSTOMER ON AN ANNUAL PAYMENT PLAN, ALL FEES PAID TO ORGAMATION BY THE CUSTOMER IN RESPECT OF USER LICENSES FOR THE SYSTEM DURING THE TWELVE MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO THE LIABILITY; OR (3) IN THE CASE OF CUSTOMER USING ONLY A FREE EDITION OF THE SYSTEM, ONE HUNDRED UNITED STATES DOLLARS ($100.00).

Limitations of Remedies and Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL VITAL SOUND LABORATORY BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF VITAL SOUND LABORATORY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, VITAL SOUND LABORATORY ENTIRE LIABILITY UNDER ANY PROVISION OF THIS ▇▇▇▇ SHALL BE LIMITED TO THE GREATER OF THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE PRODUCT OR U.S. $5.00. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Limitations of Remedies and Liability. The Buyer acknowledges and agrees that the Seller makes no warranties, express or implied, concerning the Property except as expressly stated in this Agreement or the Warranty. The Buyer acknowledges and agrees that neither the Seller nor any of the Seller’s officers, directors, members, shareholders, employees, principals, affiliates or subcontractors is a “manufacturer” of any part, item, or the whole of any improvements to the Property, and that neither the Seller nor any of the Seller’s officers, directors, members, shareholders, employees, principals, affiliates or subcontractors shall be subject to, or liable for, strict liability or product liability. The Buyer hereby covenants and agrees that the Buyer shall not make any claim, in arbitration or in a lawsuit, personally against the Seller’s officers, directors, members, shareholders, principals, employees, agents, or representatives; provided, however, that the Buyer may make such personal claims for bodily injury or damage to personal property other than damage to the improvements to the Property if such bodily injury or damage to personal property is directly and proximately caused by such person. The Buyer hereby covenants and agrees that the Buyer shall not seek, and in no event will be entitled to recover, damages for emotional distress from the Seller. The Buyer and the Seller acknowledge and agree that the provisions of this Paragraph 21 are intended to benefit the third parties referenced herein, and may be relied upon and enforced by such third parties. Neither the Buyer nor the Seller shall be liable to the other for, and the Buyer and the Seller hereby waive any right they may otherwise have to recover, incidental, consequential, indirect, punitive or exemplary damages arising out of, resulting from or relating to this Agreement or the breach thereof, the Property or the improvements to the Property, whether sounding in contract, tort, or otherwise, and no arbitrator shall have authority to award such damages. Nothing contained in this Paragraph 21 shall be deemed to preclude, limit, reduce or affect an award of liquidated damages in accordance with the terms of this Agreement. To the fullest extent permitted by law, the total liability of the Seller to the Buyer for any and all claims, losses, costs or damages whatsoever arising out of, resulting from, or relating to this Agreement or the breach thereof, the Property or the improvements to the Property, whether sounding in contract, tor...

Limitations of Remedies and Liability. EXCEPT FOR ANY CLAIMS SUBJECT TO INDEMNIFICATION HEREUNDER, CUSTOMER’S SOLE REMEDIES FOR ANY ERROR CONSTITUTING A BREACH OF THIS AGREEMENT BY VENDOR ARE (i) CORRECTION OF ERRORS AS SET FORTH HEREIN, (ii) IF APPLICABLE, THE REPROCESSING OF ANY DATA THAT IS INCORRECT AS A RESULT OF THE BREACH, AND (iii) APPLICATION OF ANY APPLICABLE SERVICE LEVEL CREDITS AS DESCRIBED IN THIS AGREEMENT.