Sentences with phrase «breach of warranty by»

The consultation, Insurance Contract Law: Misrepresentation, Non-Disclosure and Breach of Warranty by the Insured, closes on 16 November 2007 and is available at www.lawcom.gov.uk.

One of the proposed reforms detailed in the Law Commission's recent consultation, Misrepresentation, Non-Disclosure and Breach of Warranty by the Insured is to rebalance the law in respect of the insurer and the insured.

Served as lead counsel for the defendants and successfully defeated motion to certify California class in action filed in the US District Court for the Northern District of California alleging false advertising and breach of warranty by Fortune 500 defendant - retailer in regard to sales of certain clothes dryer models.

Not exact matches

You agree to defend, indemnify and hold harmless NBCUniversal, its affiliates and their respective directors, officers, employees and agents from and against any and all claims, demands, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable legal fees and costs) arising out of or accruing from (a) any breach of these terms, including any of the foregoing provisions, representations or warranties, and / or from your placement or transmission of any content onto NBCUniversal's servers, and / or from any and all use of your account; (b) any material posted or otherwise provided by you (including without limitation User Content), or any other subscriber or user of your account that infringes any intellectual property right of any person or entity or defames any person or violates their rights of publicity or privacy; (c) any misrepresentation made by you in connection with your use of the online services; and (d) any breach of any of the representation, warranties or other terms or conditions relating to use of your User Content or the online services.

To the fullest extent permitted by law, these disclaimers and limitations of liability apply to any and all damages or injury whatsoever caused by or related to use of, or inability to use, the Help Scout Service under any cause or action whatsoever of any jurisdiction, including, without limitation, actions for breach of warranty, breach of contract or tort (including negligence).

You agree to indemnify and hold us, our subsidiaries, affiliates, and licensors and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys» fees, made by any third party due to or arising out of your use of the Sites, the Applications, Content or Materials in violation of this Agreement and / or arising from a breach of this Agreement and / or any breach of your representations and warranties set forth above.

In consideration of being permitted to use the Website, You agree to indemnify and hold harmless Non-GMO Project, and / or its officers, directors, employees, partners, contractors, affiliates, subsidiaries, agents, attorneys, web developers, technical support / maintenance providers, distributors, advertisers, licensors, sublicensees, and / or assigns, from any claim or demand, including reasonable attorneys» fees, expert witness fees, and court costs, made by any third party due to or arising out of Content You Post, Your use of the Website, including without limitation, Your participation in any interactive aspect of the Website, Your use of any information provided on or in connection with or obtained from the Website, Your violation of this Agreement, Your breach of any of the representations and warranties contained herein, or Your violation of any rights of another.

I fully indemnify, defend and hold harmless Car Throttle (and any third parties authorised by Car Throttle using or exploiting the Content), their respective officers, employees, successors, licensees and permitted assigns from and against: (a) any costs, claim, demand, action, damages, loss and / or expense arising from actions brought by any third parties arising from any breach of any of the representations, warranties or agreements made by you; (b) any claims of or respecting slander, libel, defamation, invasion of privacy or right of publicity, false light, infringement of copyright or trademark, or violations of any other rights arising out of or relating to any use of the Content as authorised herein.

You agree and understand that Car Throttle is relying on the representations made by you and any breach of the terms and / or warranties set out herein would cause Car Throttle injury and damage that can not be adequately compensated by damages in an action at law and you expressly agree that, without limiting our remedies, Car Throttle shall be entitled to injunctive and other equitable relief.

You agree to indemnify and hold harmless mindbodygreen and its affiliates, and their respective members, directors, officers, managers, employees, shareholders, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys» fees, resulting from any violation by you of these Terms of Sale or any breach by you of your representations and warranties hereunder.

Where any law implies a warranty into these terms of use which may not lawfully be excluded, then to the maximum extent permitted by law, our liability for breach of the warranty will at our option be limited to the supply of the Services again, or the payment of the cost of having them supplied again.

You agree to indemnify and hold DatingAA.com, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Service in violation of this Agreement and / or arising from a breach of this Agreement and / or any breach of your representations and warranties set forth above.

You agree to indemnify and hold Russiandatingnet.com, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Service in violation of this Agreement and / or arising from a breach of this Agreement and / or any breach of your representations and warranties set forth above.

You agree to indemnify and hold LoveCompass Free Online Dating, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Website or the Service in violation of this Agreement or arising from a breach of this Agreement or any breach of your representations and warranties set forth in this Agreement.

You agree to indemnify and hold aFreecupid.com, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Service in violation of this Agreement and / or arising from a breach of this Agreement and / or any breach of your representations and warranties set forth above.

You agree to indemnify and hold Ukcupiddating.com, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Service in violation of this Agreement and / or arising from a breach of this Agreement and / or any breach of your representations and warranties set forth above.

You agree to indemnify and hold Filipinodating.us, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Service in violation of this Agreement and / or arising from a breach of this Agreement and / or any breach of your representations and warranties set forth above.

11.5 You undertake to indemnify us and keep us at all times fully indemnified from and against all actions, proceedings, claims, demands, costs (including without prejudice to the generality of this provision our legal costs), awards and damages however arising directly or indirectly as a result of any breach or non-performance by you of any of your undertakings, warranties or obligations under these terms and conditions.

To the fullest extent permitted by applicable law, you will indemnify, defend and hold Amazon, its officers, directors, employees, affiliates, subcontractors and assigns harmless from and against any loss, claim, liability, damage, action or cause of action (including reasonable attorneys» fees) that arises from any breach of your representations, warranties or obligations set forth in this Agreement.

Accordingly, you shall defend, indemnify, and hold harmless Author Solutions and Reader's Digest Inc. from and against any suit, proceeding, assertion, damage, cost, liability and expenses (including court costs and reasonable attorneys» fees) incurred as a result of claims of customers or other third parties claim (including, without limitation, claims by regulators) against Author Solutions and / or Reader's Digest Inc. and their respective suppliers, officers, directors, employees and agents arising from or connected with (i) your website [s], including without limitation any activities or aspects thereof or commerce conducted thereon; (ii) the marketing activities you undertake in connection with the LifeRich Publishing affiliate marketing program; or (iii) the breach or alleged breach of the reps and warranties you make herein.

You agree to indemnify, defend and hold harmless Simply, and all officers, directors, owners, agents, information providers, affiliates, licensors and licensees (collectively, the «Indemnified Parties») from and against any and all liability and costs, including, without limitation, reasonable attorneys» fees, incurred by the Indemnified Parties in connection with any claim arising out of (a) any User Contributions, or (b) breach by you or any user of your account of these Terms of Use or any representations, warranties and covenants contained in these Terms of Use.

any misrepresentations, including false or inaccurate information, or breach of representation or warranty made by you contained herein; or

You agree to reimburse each Square Enix Party (as defined in section 3.2 above) in full for the amount of any and all claims, proceedings, actions, demands, damages, losses, liabilities, costs and expenses suffered or incurred by such Square Enix Party, in each case as a result of or in connection with: (a) any breach of any of your obligations, warranties, representations or undertakings under the Site Terms; and / or (b) any illegal use of your Membership or Account by any person (s).

4.2.2 indemnify WRAP against all legal fees, damages and other expenses that may be incurred by WRAP as a result of your breach of the above warranty; and

You agree to indemnify and hold The Freecycle Network, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content you submit, post or make available through the Service, your use of the Service, your violation of the Terms, your breach of any of the representations and warranties herein, or your violation of any rights of another.

However, the enforceability of such terms then depends on if such term was to be viewed (by a judge) as a condition to the contract or as a mere warranty, each with different effects of breach.

He successfully argued an appeal at the 10th Circuit that affirmed the dismissal by the U.S. Court of the Northern District of Oklahoma of a putative class action against Goodman Manufacturing alleging that Goodman breached its warranty on 800,000 air conditioning units due to an unmanifested defect.

Special Master to decide pending discovery motions in action brought by issuer of financial guaranty insurance policies for residential mortgage - backed securitization transactions for breach of loan - level representations and warranties when securitizations began to experience increases in delinquencies and defaults in the underlying mortgages

For example, a retailer might have injuries in the nature of breach of warranty liability in suits brought against retail sellers by injured consumers under the Uniform Commercial Code that the retail sellers would be seeking indemnification of from the California based wholesale distributor.

The plaintiffs are suing for fraud, negligent misrepresentation, breach of warranty and false advertising, and are represented by these guys.

The buyer is protected by (1) the contractual promise of the seller to deliver title in the purchase and sale contract (giving rise to a lawsuit if breached, e.g. requiring disgorgement of any additional profit made in the other transaction), (2) by a warranty of title in the deed provided at closing, (3) by the title company's insurance if the warranty deed is not valid, and (4) by an affidavit saying that the seller didn't do that provided at closing.

Injuries on residential property caused by a negligent landlord (may be liable for negligence as well as for breach of warranty of habitability claims)

A claim under breach of warranty is a contract claim and exists if the product is different than it was reasonably expected to be by the consumer.

Usually, the only way you could be sued for breach of warranty liability is by the company that employed you for breaching your contract with them, and only pursuant to the terms of that contract.

The court first ruled that the plaintiff's breach of warranty claim was subsumed by his products liability claims.

Zoya Ltd v Ahmed [2016] EWHC 2249 (Ch); [2016] 4 W.L.R. 174; [2016] All ER (D) 75 Acted for solicitors in claim for breach of warranty of authority in litigation brought by a company.

Contributory Negligence in Breach of Warranty Claims: Introducing a Plaintiff's Improper Conduct in the Commonwealth of Virginia by Kelly M. Lippincott and J. Peter Glaws, IV

93A only if he has suffered harm compensable by damages under common law, and that breach of warranty is not per se «unfair» or «deceptive»)

Some of these claims may be affected by the Federal Insecticide Fungicide and Rodenticide Act's (FIFRA, 7 U.S.C. § 1360) preemption provisions regarding state breach of warranty and failure - to - warn defect claims.

«When the death of a person is caused by the wrongful act, negligence, default, or breach of contract or warranty of any person, including those occurring on navigable waters, and the event would have entitled the person injured to maintain an action and recover damages if death had not ensued, the person or watercraft that would have been liable in damages if death had not ensued shall be liable for damages as specified in this act notwithstanding the death of the person injured, although death was caused under circumstances constituting a felony.»

In addition to a claim against the negligent party in a crash like this, the burn injuries that are suffered by drivers and passengers because of the automotive defects in manufacture or design may allow to a claim against the car manufacturer for product liability, breach of warranty and negligence.

Regardless of the circumstances causing the injury, if you receive a personal injury in Virginia Beach — or anywhere else in Virginia — and the injury may have been caused by a defective product, a product liability case will be complex and difficult to prove on the basis of either negligence or breach of warranty.

Where the Customer provides any personal data in relation to this agreement, it warrants that it does so in compliance with Data Protection Law and that the Provider may, under Data Protection Law, process such data as required or anticipated by this agreement, and the Customer shall be responsible for any costs, losses or expenses the Provider incurs or suffers as a result of breach of such warranty.

The User agrees at his own expense to indemnify, defend and hold completely harmless Exide Life, its directors officers, employees and advisors to the fullest extent from all actions, suits, claims, proceedings, costs, damages, judgments, amounts paid in settlement and expenses (including without limitation attorneys fees and disbursements at actuals)(collectively «Loss») relating to or arising out of a breach by the User of the Terms of Use relating to this website or arising out of or in connection with the particulars, personal details, representations or warranties given by a User or arising from any other conduct of a User in relation to the use or access of this Website as a result of which, in whole or in part, Exide Life is made a party to, or otherwise incurs any Loss pursuant to, any action, suit, claim or proceeding arising out of or relating to any such conduct.

STUDENT further acknowledges and agrees that any willful or intentional misrepresentation by STUDENT regarding such user information or registration information constitutes a breach of this agreement and of the representations and warranties by STUDENT as provided in this agreement, and may subject student to liability for damages incurred by SCHOOL OWNER as a result thereof, including but not limited to general, consequential, and punitive damages.

STUDENT further acknowledges and agrees that any willful or intentional misrepresentation by STUDENT regarding such user information or registration information constitutes a breach of this agreement and of the representations and warranties by STUDENT as provided in this agreement, and may subject student to liability for damages incurred by COURSE PROVIDER as a result thereof, including but not limited to general, consequential, and punitive damages.

You represent and warrant for the benefit of the Company, the Company's suppliers, and any third parties mentioned on the Site, in addition to other representations and obligations contained in these Terms, that: (a) you possess the legal right and ability to enter into and make the representations and warranties contained in these Terms; (b) all information submitted by you to the Site is true and accurate; (c) you will not use the Site for any purpose that is unlawful or prohibited by these Terms; (d) you are the owner of the Materials and they are original to you; (e) the Materials do not infringe any third party right, such as copyright, trademark, and publicity / privacy right; (f) the Materials do not constitute defamation or libel or otherwise violate the law, and (g) you agree to defend, indemnify, and hold the Company (and its employees, representative, agents, and assigns) harmless from breaches of (a) through (g).

The corporation then made allegations that there were latent defects, breach of representation and warranties by the vendor.

You will defend, indemnify and hold harmless Elm Street, and its members, managers, subsidiaries, affiliates, officers, employees, agents, and other partners against any and all claims, damages, judgments, and expenses, including attorney's fees, and litigation costs and expenses arising from your breach of the representations, warranties, duties and obligations made or assumed by you in this Agreement.

If you register as an Real Estate Professional User, you represent, warrant, and agree that: (1) you are a licensed real estate broker, or licensed real estate agent, and if you are an agent user of the Elm Street Website, you have the permission of your managing broker to register as a Elm Street Real Estate Professional User; (2) you are a member, subscriber or participant in good standing of the Multiple Listing Service that supplies the real estate data and images displayed to you on the Elm Street Website («MLS»); (3) you will terminate your account status if, at any time, you are no longer a licensed real estate broker, or licensed real estate agent, and therefore, are no longer eligible to be a member, subscriber, or participant in good standing of the MLS; (4) you authorize Elm Street to send you emails relating to the Elm Street Website and your Elm Street account; and (5) you will defend, indemnify and hold harmless Elm Street, and its members, managers, subsidiaries, affiliates, officers, employees, agents, and other partners against any and all claims, damages, judgments, and expenses, including attorney» s fees and litigation costs or expenses, arising from your breach of the representations, warranties, duties or obligations made or assumed by you in this Agreement.