Liability Exclusion. i. To the extent that such exclusions are allowed at law and excepting claims for bodily injury or death due to negligence on the part of M2C, their employees or any introduced cleaner, M2C does not accept any responsibility for any type of damage or loss to the Customer or the Customer's goods or premises even if the terms of the BTA are breached by a M2C employee, (or the introduced cleaner) whether wilfully or negligently, in contract or in delict, in breach of express or implied terms which includes omission of duty by M2C or its introduced cleaners. ii. M2C accepts no liability for any failure of service in any way relating to this BTA including 'acts of god'. iii. M2C will not be held liable to carry out unfinished tasks, nor will it incur liability for not carrying out terms of this BTA if the Customer is in breach of any obligation to M2C. The Customer must give reasonable time to allow M2C to put right any breach. M2C shall have the right to terminate the agreement if unable to put right the breach. In such an instance, M2C shall have the same action or redress against the Customer as if it were the Customer that was in breach enabling M2C to terminate the agreement. iv. The ownership and responsibility for the return of Customer keys remains between the Customer and the cleaner. M2C cannot accept any responsibility for losses that arise out such instances.
Appears in 3 contracts
Sources: Terms of Business Trading Agreement, Terms of Business Trading Agreement, Terms of Business Trading Agreement
Liability Exclusion. i. 1. To the extent that such exclusions are allowed at law and excepting claims for bodily injury or death due to negligence on the part of M2CJimklean, their employees or any introduced cleaner, M2C Jimklean does not accept any responsibility for any type of damage or loss to the Customer or the Customer's goods or premises even if the terms of the BTA JTA are breached by a M2C Jimklean employee, (or the introduced cleaner) whether wilfully willfully or negligently, in contract or in delict, in breach of express or implied terms which includes omission of duty by M2C Jimklean or its introduced cleaners.
ii2. M2C Jimklean accepts no liability for any failure of service in any way relating to this BTA JTA including 'acts of god'.
iii3. M2C Jimklean will not be held liable to carry out unfinished tasks, nor will it incur liability for not carrying out terms of this BTA JTA if the Customer is in breach of any obligation to M2C. Jimklean. The Customer must give reasonable time to allow M2C Jimklean to put right any breach. M2C Jimklean shall have the right to terminate the agreement if unable to put right the breach. In such an instance, M2C Jimklean shall have the same action or redress against the Customer as if it were the Customer that was in breach enabling M2C Jimklean to terminate the agreement.
iv4. The ownership and responsibility for the return of Customer keys remains between the Customer and the cleaner. M2C Jimklean cannot accept any responsibility for losses that arise out such instances.
Appears in 1 contract
Sources: Jimklean Trading Agreement
Liability Exclusion. i. I. To the extent that such exclusions are allowed at law and excepting claims for bodily injury or death due to negligence on the part of M2C, their employees or any an introduced cleaner▇▇▇▇▇▇▇, M2C ▇▇▇ does not accept any responsibility for any type of damage or loss to the Customer or the Customer's goods or premises that the Customer owns even if the terms of the BTA are breached is broken by a M2C employee, (or the introduced cleanerCleaner) whether wilfully is in delict or negligently, in contract tort or in delict, in breach of express or implied terms which includes omission of duty by M2C or its it’s introduced cleanersCleaners.
iiII. Taking into consideration all the possible events raised above, M2C accept no liability for any losses, which follow directly or otherwise from such circumstances.
III. M2C does not accept liability for losses incurred by the Customer due to any failure of a M2C introduced Cleaner to comply with her/his legal requirement(s) in terms of liability whether or not M2C introduced the Cleaner.
IV. M2C accepts no liability for any failure of service in any way relating to this BTA including '‘acts of god'’.
iiiV. Any service guarantees express or implied are excluded to the extent allowed by law. To the same extent M2C do not guarantee service type or quality in any instance.
VI. M2C will not be held liable to carry out unfinished tasks, nor will it incur liability for not carrying out terms of this BTA if the Customer is in breach of any obligation to M2C. The Customer must give reasonable time to allow M2C to put right any breach. M2C shall have the right to terminate the agreement if unable to put right the breach. In such an instance, M2C shall have the same action or redress against the Customer as if it were the Customer that was in breach enabling M2C to terminate the agreement.
ivVII. The ownership and responsibility for the return of Customer keys remains between the Customer and the cleanerCleaner. M2C cannot accept any responsibility for losses that arise out such instances.
Appears in 1 contract
Sources: Terms of Business Trading Agreement