Motorola D4 User's Guide download pdf (Page 88)

b) direct physical damage to or loss

of property resulting from our

breach of contract or negligence

while providing Services.

factors beyond our control

18.3 We will not be liable to you if we are

unable to perform an obligation or

provide the Services to you because

of any factor outside our control,

including but not limited to Acts of

God, industrial action, default or

failure of a third party, war, terrorist

act, governmental action, or by any

act or decision made by a court of

competent jurisdiction.

your maximum liability

18.4 Subject to Condition 18.1, your liability

is limited to payment of all outstanding

Charges due in accordance with the

provisions of your Contract.

19 general

changes to your Contract

19.1 Subject to Condition 15, your

Contract may be varied or amended

only by the express mutual agreement

of both parties. A party seeking to rely

on such variation or amendment must

produce evidence of the other party's

agreement to it.

disclosure of information to

third parties

19.2 You agree to the disclosure to any

telecommunications company, debt

collection agency, credit reference

agency, credit or fraud monitoring

scheme, security agency or credit

provider of:

reference

175

b) terminate your Contract on short

notice if you have transferred title to

your Device to a new customer

who has Connected the Device to

our Network.

17.2 We may assign our rights to your

Contract only if such assignment is on

terms which are at least as

advantageous to you as those set out

in your Contract.

18 liability

circumstances in which neither of

us accepts liability

18.1 Except as provided in this Condition

18, neither party shall be liable to the

other, whether in contract or tort nor

otherwise, for any loss or damage

which is:

a) not the fault of the other party

b) indirect and/or not reasonably

foreseeable

c) loss of business, profits, savings,

revenue, use or goodwill, or for any

loss or corruption of data whether

caused to the other party through

any breach of your Contract or any

matters arising under it. Neither

party excludes liability for negligent

acts or omissions causing death or

personal injury to any person.

maximum liability of Orange

18.2 Subject to Condition 18.1, we limit our

legal liability up to a maximum of three

thousand pounds per claim or a series

of related claims for any loss or

damage which is:

a) direct financial loss

reference

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