Sentences with phrase «breach of warranty liability»

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.

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.

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.

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.

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.

The Underwriting Agreement between the Trust and Ceros Financial Services Inc. («Ceros») provides that the Registrant agrees to indemnify, defend and hold Ceros, its several officers and directors, and any person who controls Ceros within the meaning of Section 15 of the Securities Act free and harmless from and against any and all claims, demands, liabilities and expenses (including the reasonable cost of investigating or defending such claims, demands or liabilities and any reasonable counsel fees incurred in connection therewith) which Ceros, its officers and directors, or any such controlling persons, may incur under the Securities Act, the 1940 Act, or common law or otherwise, arising out of or based upon: (i) any untrue statement, or alleged untrue statement, of a material fact required to be stated in either any Registration Statement or any Prospectus, (ii) the breach of any representations, warranties or obligations set forth herein, (iii) any omission, or alleged omission, to state a material fact required to be

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.

The allegations include breach of implied and express warranty, consumer and common law fraud, unjust enrichment, negligence, and strict products liability with defective design or manufacture and failure to warn.

Where applicable law implies any warranty, term or condition, and that law prohibits exclusion or modification of the application of the liability of Apeejay Surrendra Park Hotels Ltd under, any such warranty, term or condition, then the liability of Apeejay Surrendra Park Hotels Ltd shall include liability for that warranty, term or condition but such liability will be limited for a breach of that warranty, term or condition to one or more of the following:

15.3 Each of us agrees that our only liability in respect of those representations and warranties that are set out in this agreement (whether made innocently or negligently) will be for breach of contract.

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).

The experienced attorneys at SL Chapman have the knowledge to properly evaluate your injury and determine if your claim involves strict liability, negligence, or a breach of warranty.

He has represented a broad spectrum of clients in products liability and class action matters, breach of warranty claims, wrongful death claims, tort and personal injury claims, professional liability claims and other areas of civil litigation.

Possible legal theories that can be argued in a products liability case include negligence (lack of reasonable care in the manufacture or sale of the product or in warning about the product), breach of warranty (failure to fulfill the terms of a promise regarding the product's performance), misrepresentation (giving consumers a false sense of security about a product's safety), and strict liability (under which the product's defect, although not the fault of the defendant, rendered the product unreasonably dangerous and the defendant is therefore responsible).

Liability was found on the basis of breach of warranty of authority.

Breach of warranty is yet another type of claim used in product liability cases.

Represented an exotic car manufacturer in obtaining a defense verdict of no liability and no defect in jury trial involving product liability, breach of warranty, consumer statute, and fraud claims.

His litigation experience includes trademark, copyright, unfair competition, unfair business practices, antitrust, entertainment, securities, products liability, tort, breach of contract and breach of warranty actions.

Negligence, strict liability, or breach of warranty of fitness are generally the main bases for product liability claims.

Products liability cases use one of three legal theories: negligence, strict liability, or breach of warranty.

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

Grounds for a Massachusetts products liability lawsuit related to any of these defects can include negligence, breach of warranty, and misrepresentation.

The court held that because the plaintiff did not claim economic damage for the loss of the shirt, the breach of warranty claims were based in tort, and were therefore part of the products liability claim under the Indiana Products Liability Acliability claim under the Indiana Products Liability AcLiability Act (IPLA).

Hathaway filed suit against Cintas, asserting causes of action for negligence, breach of warranty, and products liability.

Though product liability actions may be brought as breach of warranty, negligence, or strict liability claims, product liability actions to recover damages for a victim's personal injury or death are usually brought as strict liability claims.

Mr. Grossman updated the chapter «Products Liability Claims and Chapter 93A,» which covers the products liability state of the law, including attorney general regulations regarding scope of rulemaking authority, as well as regulations concerning breaches of warranty and protection of public health, safety andLiability Claims and Chapter 93A,» which covers the products liability state of the law, including attorney general regulations regarding scope of rulemaking authority, as well as regulations concerning breaches of warranty and protection of public health, safety andliability state of the law, including attorney general regulations regarding scope of rulemaking authority, as well as regulations concerning breaches of warranty and protection of public health, safety and welfare.

If an attorney is familiar with products liability defense in the Commonwealth and the elements of a breach of implied warranty claim, the question is not as difficult to answer as plaintiff's counsel might hope.

Food poisoning cases generally fall under one of three categories; negligence, strict products liability, or breach of warranty.

Mr. Geiger represents business clients in all types of disputes, such as product liability (including pharmaceuticals and medical devices), toxic torts, medical and genetics negligence, breach of privacy, other personal injury claims, class actions, multidistrict litigation, governmental actions, insurance litigation, breaches of contract, allegations of fraud and unfair trade practices, commercial warranty disputes and intellectual property controversies.

Product - liability actions related to fertilizers or pesticides generally take the form of strict liability or breach of warranty actions.

In addition to strict liability claims, victims may also bring standard negligence cases or sue under a breach of warranty (e.g. the warranty of merchantability or fitness for a particular purpose).

German bank — claim involving complex issues of breaches or warranties of English law policies and liability under German law contracts following settlement of agreements with the insurers.

She is contending negligence, breach of warranty, strict liability, fraudulent concealment, and state consumer protection law violations.

Though product liability actions may be brought as negligence, strict liability, or breach of warranty cases, product liability actions seeking compensation for a victim's personal injury or death are generally brought as strict liability actions.

The Scherones are suing for negligence, breach of express and implied warranty, loss of consortium, and strict liability.

Other theories include tortuous misrepresentation, breach of warranty and strict liability.

Lincoln is suing for products liability, alleging negligence and breach of express and implied warranties.

Depending upon the type of product that caused your injuries, you may be able to file a product liability claim against the responsible party for negligence, strict liability, or breach of warranty.

Breach of construction contract claims including claims for damages due to delay, loss of productivity, non-performance of contractual provisions, warranty claims and product liability claims

A manufacturer can be held liable under a products liability theory for any of the following actions / inactions: negligently designing the product, negligently manufacturing the product, failing to warn of the products dangers, breaching a warranty or misrepresenting (either fraudulently or innocently) the product.

Does South Carolina's public policy bar impaired drivers from recovering damages in a crashworthiness case when the plaintiff alleges claims of strict liability and breach of warranty?