Delivery Liability Sample Clauses

Delivery Liability. Delivery and shipment dates for Products are estimates only. Deliveries may be made in partial shipments. Honeywell will not be liable to Buyer or any third party for any damages or penalties whatsoever, whether direct, indirect, special or consequential (including liquidated damages in your contracts with your Buyers), resulting from Honeywell’s failure to perform or its delay in performing, unless otherwise agreed in a signed writing by an authorized representative. Notwithstanding the foregoing, if Honeywell delivers a quantity of Product in excess of the quantity ordered by Buyer, or a type of product different than that ordered by Buyer, Buyer may return such excess or different Product to Honeywell within 60 days after invoice at Honeywell's cost for a full refund. Additionally, Honeywell shall bear the cost of redirecting shipments made to a location other than that set forth in the Purchase Order if caused solely by its error. Buyer is liable for any delays or increased costs incurred by Honeywell caused by Xxxxx’s acts or omissions including all costs Honeywell incurs for redirecting shipments due to any incorrect information or address you or your representatives provide.
Sample 1
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Delivery Liability. Delivery options are presented at the time or order. Additional fees may apply. AMEX assumes full liability for shipments until delivered to the address designated by you or on your behalf. Upon delivery, the full risk of loss shall immediately pass to you even if the address provided by you was incorrect, the request for delivery was unauthorized (subject to Section G), and/or any mailing information received by us with regard to the processing of the order was fraudulent or incorrect. For clarity, for deliveries to Company, Company bears full liability for loss beginning with delivery to the address provided by Company hereunder until delivered to the Recipient. Neither Blackhawk nor Amex are liable for losses incurred after the order has been delivered to the address provided to us by you. In addition, Blackhawk and AMEX reserve the right to refuse to deliver to certain addresses, at our collective or individual discretion. In the event of suspected fraud, the parties will cooperate in any investigation. Notwithstanding the preceding sentence, you agree that AMEX and Blackhawk are not responsible for any fraud committed or allegedly committed by any employee, vendor, and/or representative of Company who in his/her capacity as employee, vendor, or representative has ordered Cheques for non-company purposes, and subject to Section Q, Company agrees to indemnify and hold harmless AMEX and Blackhawk for losses incurred as a result of the employee, vendor or representative’s actions.
Sample 1
Delivery Liability. We will use all reasonable endeavours to despatch Goods by the due date, but do not accept any liability for non-delivery or failure to deliver on time where this is caused by circumstances beyond the reasonable control of Ours, including, for example, due to failures in supply to Us or delays caused by third parties, such as delivery companies or manufacturers.
Sample 1

Related to Delivery Liability

  • Warranty/Liability 4.1 UP42 warrants that it has sufficient ownership rights in the PRODUCT to make the PRODUCT available to the LICENSEE under the terms hereof.

  • Indemnity/Liability You shall indemnify, and hold harmless RIM, the RIM Group of Companies, RIM's affiliates, suppliers, successors, agents, authorised distributors, (including Airtime Service Providers) and assigns and each of their directors, officers, employees and independent contractors (each a "RIM Indemnified Party") from any damages, losses, costs or expenses (including reasonable lawyers’ fees and costs) incurred by a RIM Indemnified Party, and at the RIM Indemnified Party’s request defend at Your expense any third party claim or proceeding brought against the RIM Indemnified Party, arising from: (a) infringement of patents or other intellectual property or proprietary rights arising from combining with or using any device (other than a BlackBerry Handheld Product), system or service in connection with Your BlackBerry Solution or any portion thereof; or (b) Your breach of this Agreement or any Addendum to this Agreement. No remedy herein conferred upon RIM is intended to be, nor shall it be construed to be, exclusive of any other remedy provided herein or as allowed by law or in equity, but all such remedies shall be cumulative.

  • Company Liability 23.1 Nothing in this Agreement excludes or limits the Company’s liability for any matter that cannot be excluded or limited under Applicable Regulations.

  • LIABILITY AND RISK OF LOSS - PRODUCT LIABILITY With respect to products or processes resulting from a Party's participation in an SAA, each Party that markets, distributes, or otherwise provides such product, or a product designed or produced by such a process, directly to the public will be solely responsible for the safety of the product or process.

  • Third Party Liability 23.1 For the purposes of the Contracts (Rights of Third Parties) Xxx 0000 this Agreement is not intended to, and does not, give any person who is not a party to it any right to enforce any of its provisions.

  • PARTY LIABILITY Contractor’s total liability under this Agreement, whether for breach of contract, warranty, negligence, strict liability, in tort or otherwise, is limited to the price of the particular products/services sold hereunder. Contractor agrees either to refund the purchase price or to repair or replace product(s) that are not as warranted. Contractor accepts liability to repay, and shall repay upon demand to END USER, any amounts determined by H-GAC, its independent auditors, or any state or federal agency, to have been paid in violation of the terms of this Agreement.

  • University Liability The University is not responsible for any damage or injury to the Student or any other individual or property in University Housing beyond its control. The Student agrees that the University is not responsible for any damage or injury from any act of another resident or any other person. The Student agrees that the University is not responsible or liable to the Student for any personal property that is lost, stolen, or missing from University Housing. The Student shall be responsible for having adequate and appropriate insurance (i.e., homeowners supplemental insurance and/or renter’s insurance) to protect against any loss or damage to the Student’s personal property, University property and/or University Housing (e.g. fire caused by student).

  • Auto Liability Where the services to be provided under this Contract involve or require the use of any type of vehicle by Contractor in order to perform said services, Contractor shall also provide comprehensive business or commercial automobile liability coverage including non-owned and hired automobile liability in the amount of one million dollars ($1,000,000.00). ❒ Insurance Reduction or Waiver of Coverage Requested (Exhibit “C”)

  • BellSouth Liability BellSouth shall take financial responsibility for its own actions in causing, or its lack of action in preventing, unbillable or uncollectible e.spire revenues.

  • Vehicle Liability Consultant shall maintain Business Automobile Liability insurance with a limit of $1,000,000 each occurrence on Consultant’s owned, hired and non-owned vehicles assigned to or used in the performance of the Consultant’s work or services under this Agreement. Coverage will be at least as broad as ISO coverage code “1” “any auto” policy form CA 00 01 12 93 or equivalent thereof. To the fullest extent allowed by law, for claims arising out of the performance of this Agreement, the City, its agents, representatives, officers, directors, officials and employees shall be cited as an Additional Insured under ISO Business Auto policy Designated Insured Endorsement form CA 20 48 or equivalent. If any Excess insurance is utilized to fulfill the requirements of this subsection, such Excess insurance shall be “follow form” equal or broader in coverage scope than underlying insurance.

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