12
WARRANTIES
12.1 Both parties warrant their authority to enter into this Agreement and have obtained all necessary approvals to do so.
13
LIMITATIONS OF LIABILITY
13.1 The Consultant shall not be liable under any circumstances to the Client or any third party for any indirect or consequential loss of profit, consequential or other economic loss suffered by the Client howsoever caused, because of any negligence, breach of contract, misrepresentation or otherwise. 13.2 Nothing in these Terms and Conditions shall exclude or limit the liability of the Consultant for death or personal injury, however the Consultant shall not be liable for any direct loss or damage suffered by the Client howsoever caused, as a result of any negligence, breach of contract or otherwise in excess of the sum insured under the professional indemnity insurance policy held by the Consultant in the insurance year in which the Clients claim is first notified.
14
INDEMNITIES
The Client shall indemnify the Consultant against all claims, costs, and expenses which the Consultant may incur and which arise directly or indirectly from the Clients breach of any of its obligations under these Terms and Conditions.
15
FORCE MAJEURE
Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the party shall be entitled to a reasonable extension of its obligations.
16
ASSIGNMENTS
The Client shall not be entitled to assign its rights or obligations or delegate its duties under this Agreement without the prior written consent of the Consultant.
17
RELATIONSHIPS OF PARTIES
Nothing in the Agreement shall be construed as establishing or implying a partnership or joint venture between the parties or suggest that either of the parties are agent for the other.
18
THIRD PARTY RIGHTS
Nothing in these Terms and Conditions intends to or confer any rights on a third party.
19
SEVERANCE
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed, and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.
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Nicholas James Health & Safety Solutions Ltd www.nicholasjamessafety.com
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