Consequential Loss or Damage definition

Consequential Loss or Damage means any loss of profits, revenue, use or opportunity, re-installation costs, removal costs and any remote, indirect or incidental form of loss and any exemplary or punitive damages. “Customer” means any person or entity purchasing or offer- ing to purchase Goods and/or Services from WILKHAHN. “Goods“ means the goods deliv- ered or to be delivered by WILKHAHN to the Customer. “GST” means the Goods and Services Tax imposed by A New Tax System (Goods & Services Tax) Act 1999 and any related act and/or regulations. “PPSA” means the Personal Property Securities Act 2009 (Cth.). “PPSR” means the Personal Property Security Register created under the PPSA. “Services” means all design, installation, commissioning and one-site services provided by WILKHAHN to the Customer from time to time. “Service Charges” means the moneys charged by WILKHAHN for the provision of the Services. “Terms” means these Terms and Conditions of Trade.
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Consequential Loss or Damage means (i) any indirect or consequential loss or damage whatsoever; and(ii) any of the following losses and costs, whether direct or indirect: loss of profit, loss of revenue, loss and cost of business interruption (including without limitation cost of overheads incurred or unabsorbed during business interruption), cost of insurance, loss of personal income or the ability to work or earn a personal income, penalties and other similar indirect or consequential loss, damage or cost whatsoever.
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Consequential Loss or Damage means any loss or damage of any indirect nature including but not limited to loss of profits, loss of opportunity, loss of use, loss of revenue, loss of goodwill, loss of access to markets, loss of business reputation including future reputation, loss arising from adverse publicity, removal costs, re-installation costs and any remote, incidental, exemplary or punitive damages;
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Examples of Consequential Loss or Damage in a sentence

  • WILKHAHN is not subject to, and the Customer releases WILKHAHN from any liability (including but not limited to Consequential Loss or Damage) arising from any delay in delivery or provision or fault or defect in the Goods and/or the Services.

  • While Carrier will use all reasonable endeavors to meet agreed delivery dates, Carrier shall not be liable to the Customer for delays due to circumstances outside of Carrier’s control or for any Indirect or Consequential Loss or Damage (as that term is defined in clause 15.2) should Carrier be delayed or prevented from delivering Goods, supplying Services, or otherwise performing any of its contractual obligations.

  • Notwithstanding any other term or condition of these standard terms and conditions, DanPilot shall not in any event or circumstance be liable to a Customer, a Vessel, an Owner, an Owners Party or any other party or person for any Consequential Loss or Damage.

  • If WILKHAHN fails to comply with designated, binding or other delivery dates, makes partial shipments, or fails to perform its obligations in accordance with any time limits, WILKHAHN will not incur any liability whatsoever for any Consequential Loss or Damage which may be incurred by the Customer or any other person or entity.

  • The Company is not subject to, and the Customer releases the Company from any liability (including but not limited to Consequential Loss or Damage, removal costs or re-installation costs or liability for loss of use or profit) arising from any delay in delivery or defect or fault in the Goods or any negligence by the Company in relation to the Goods (including but not limited to their manufacture), to the full extent permitted by law.

  • Consequential Loss or Damage means loss of production, loss of revenue, loss of profit, loss of goodwill, loss of reputation, business interruption of any nature, loss of business or business opportunities, loss of anticipated savings or wasted overheads, loss of use, loss or corruption of data or information or anything beyond the normal measure of damages.

  • The coefficient associated with ACA’s Medicaid expansion (α1) is small and insignificant for the default individual group (middle education, married with child).

  • Consequential Loss or Damage direct or indirect Consequential Loss or Damage of any kind or description except where specifically included 8.

  • My daughter didn’t tell us where she had been kept by the police those two years, saying she herself didn’t know.77 High Court lawyer R.

  • The Client waives any right it may have, or may subsequently have, to claim against Technoweld or its officers, employees or agents for any Consequential Loss or Damage arising in respect of the performance or non- performance by the other party or any act or omission of them or its officers, employees or agents in respect of the performance or non-performance of this Agreement.


More Definitions of Consequential Loss or Damage

Consequential Loss or Damage means loss or damage of a kind or extent which was not reasonably foreseeable at the time this Agreement was entered into as a serious possibility in the event of the breach of obligation in question.
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Consequential Loss or Damage means any indirect loss, damage, cost, liability or expense and includes consequential loss, expectation loss, loss of profits and other heads of loss recognised at law or equity which are not direct.
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Related to Consequential Loss or Damage

  • Consequential Loss means loss of profits, anticipated loss of profit or revenue, loss of production, loss of business opportunity, loss of or damage to goodwill or reputation, loss of use or any other similar loss, but excludes:

  • Loss or Damage means any loss or damage to the Vehicle, including that caused by theft of the Vehicle or by adverse weather events, that requires repair or replacement including the loss of use of the Vehicle (demurrage), legal expenses, assessment fees, towing and recovery costs, storage, service charges and any appraisal fees of the Vehicle;

  • Consequential Damages means Losses claimed to have resulted from any indirect, incidental, reliance, special, consequential, punitive, exemplary, multiple or any other Loss, including damages claimed to have resulted from harm to business, loss of anticipated revenues, savings, or profits, or other economic Loss claimed to have been suffered not measured by the prevailing Party’s actual damages, and any other damages typically considered consequential damages under Applicable Law, regardless of whether the Parties knew or had been advised of the possibility that such damages could result in connection with or arising from anything said, omitted, or done hereunder or related hereto, including willful acts or omissions.

  • Direct Damage has the meaning given to it in clause 26.2;

  • Punitive Damages are those damages awarded as a penalty, the amount of which is neither governed nor fixed by statute.

  • Special Damages shall have the meaning as set forth in Section 5.07.

  • Environmental Damages means all claims, judgments, damages, losses, penalties, fines, liabilities, encumbrances, liens, costs and expenses of investigation and defense of any claim, including, without limitation, attorney’s fees, that are incurred at any time as a result of the existence of Environmental Conditions upon, about or beneath the Project Site or migrating or threatening to migrate to or from the Site, and including, without limitation:

  • Environmental Damage means any injury or damage to persons, living organisms or property (including offence to man’s senses) or any pollution or impairment of the environment resulting from the discharge, emission, escape or migration of any substance, energy, noise or vibration;

  • Actual Damages has the meaning set forth in Section 12.4(C).

  • Material Damage and “Materially damaged” means damage (w) resulting in the Property not complying with all legal requirements applicable to the Property, (x) reasonably exceeding $300,000 or (y) that entitles any tenant of the Property to terminate its Lease, or (z) which, in Buyer’s or Seller’s reasonable estimation, will take longer than 120 days to repair.

  • Accidental Damage means physical damage, breakage or failure of Your Covered Equipment due to an unforeseen and unintentional event occurring either due to handling (e.g., dropping the Covered Equipment or through liquid contact) or due to an external event (e.g., extreme environmental or atmospheric conditions). The damage must affect the functionality of Your Covered Equipment, which includes cracks to the display screen that affect the visibility of the display.

  • Catastrophic Damage as used hereunder is major change or damage to In- cluded Timber on Sale Area, to Sale Area, to access to Sale Area, or a combination thereof:

  • Physical Damage means any tangible injury to a Property, whether caused by accident, natural occurrence, or any other reason, including damage caused by defects in construction, land subsidence, earth movement or slippage, fire, flood, earthquake, riot, vandalism or any Environmental Condition.

  • Damages means any loss, claim, damage, liability, costs and expenses (including, without limitation, reasonable attorney's fees and disbursements and costs and expenses of expert witnesses and investigation).

  • Substantial damage means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred.

  • Structural damage means a covered building, regardless of the date of its construction, has experienced the following.

  • Compensatory Damages are those amounts awarded to compensate for the actual damages sustained, and are not awarded as a penalty, nor fixed in amount by statute.

  • Major Damage means damage that in the estimation of the surveyor exceeds USD

  • Indirect Losses means loss of profits, loss of production, loss of business, loss of business opportunity, or any claim for consequential loss or for indirect loss of any nature;

  • Delay Damages means the damages assessed pursuant to Section 3.2(a) hereof.

  • Property damage means physical injury to, destruction of, or loss of use of tangible property.

  • Loss or Losses means all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs or expenses of whatever kind, including reasonable attorneys' fees and the costs of enforcing any right to indemnification hereunder and the cost of pursuing any insurance providers.

  • Severe property damage means substantial physical damage to property, damage to the treatment facilities which would cause them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production.

  • Cover Damages means, with respect to any Delivery Shortfall, an amount equal to (a) the positive net amount, if, any, by which the Replacement Price exceeds the applicable Price that would have been paid pursuant to Section 5.1 and the Cover Sheet, multiplied by the quantity of that Delivery Shortfall, plus (b) any applicable penalties and other costs assessed by ISO-NE or any other Person against Buyer as a result of Seller’s failure to deliver such Products in accordance with the terms of this Agreement. Buyer shall provide a statement for the applicable period explaining in reasonable detail the calculation of any Cover Damages.

  • Damage means actual and/or physical damage to tangible property;

  • Seller Damages shall have the meaning given to such term in Section 14.3.