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Terms and Conditions |
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1. Terms and Conditions
a. Prices may be changed by WWT with no less than sixty (60) days� advance written notice to Customer.
b. Prices are quoted in US dollars and payment is due within 30 days of WWT�s invoice.
c. Price excludes applicable sales or value added taxes, which will be added. Should any withholding of taxes apply to any payment due to WWT, then Customer shall pay the amount of such withholding to WWT so that the total amount of payment to be received by WWT is equal to the stated price.
d. Customer understands and agrees that the terms and conditions of this Quotation shall be the sole terms and conditions applicable to the Services and/or the amounts payable therefore. Any purchase order, purchase confirmation or other terms and conditions issued by or on behalf of Customer will be deemed for Customer�s internal conforming purposes only and will not affect the terms and conditions for the Services under this Quotation.
e. Advisory Nature of Services, Customer Responsibility. It is Customer�s responsibility to exercise prudent discretion and observe all safety measures required by law in its operations and its use of the Service. All actions and judgments taken with respect to Customer�s operations and its use of the Service are Customer�s sole responsibility and Customer assumes the entire risk related to its use of the Service. The Service may include weather and other content and information and data, and Customer acknowledges and agrees that such information and data is not for "safety for life� purposes, but is merely supplemental and advisory in nature, and therefore cannot be relied upon as safety-critical in connection with any usage.
f. Disclaimer of Warranties. While WWT endeavors to take reasonable care in providing the Services, Customer acknowledges that Services and all other data and information provided to Customer pursuant to this Quotation are based on information available and provided to WWT and that WWT makes no warranties or representations as to the accuracy, completeness, truthfulness, usefulness, effectiveness, timeliness or reliability of data and/or information transmitted via the Services and assumes no liability or responsibility therefore. CUSTOMER EXPRESSLY AGREES THAT USE OF THE SERVICES AND ANY OTHER DATA AND INFORMATION PROVIDED BY WWT IS AT CUSTOMER�S SOLE RISK AND THAT THE SERVICE AND CONTENT ARE AVAILABLE STRICTLY ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE AND NON-INFRINGEMENT AND IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
g. Limitation of Liability. IN NO EVENT SHALL WWT OR ITS EMPLOYEES, AFFILIATES, DISTRIBUTORS, SUBCONTRACTORS OR SUPPLIERS BE LIABLE TO CUSTOMER OR TO ANY OTHER PERSON OR ENTITY FOR ANY LIABILITIES AND DAMAGES OF ANY KIND ARISING FROM OR RELATED TO THE DIRECT OR INDIRECT USE OF THE SERVICES OR OTHER DATA AND INFORMATION PROVIDED TO CUSTOMER BY WWT, WHETHER RESULTING FROM TORT, PERSONAL INJURY (INCLUDING DEATH), DAMAGE TO PROPERTY, PRODUCT LIABILITY OR OTHER FORM OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, WWT�s TOTAL LIABILITY FOR ANY REFUNDS, CREDITS, CLAIMS, LOSSES, FINES, PENALTIES OR DAMAGES NOT OTHERWISE EFFECTIVELY EXCLUDED UNDER THIS QUOTATION WILL BE LIMITED TO THE FEES PAID BY CUSTOMER DURING THE PRECEDING TWELVE (12) MONTHS� OF THE EVENT GIVING RISE TO ANY CLAIM.
h. CUSTOMER AGREES THAT THE WAIVER OF WARRANTY AND LIMITATIONS OF LIABILITY CONTAINED HEREIN CONSTITUTE AN AGREED UPON ALLOCATION OF RISK BETWEEN THE PARTIES, HAVE BEEN FACTORED INTO THE PRICING, AND ARE AN ESSENTIAL ELEMENT OF THE BARGAIN BETWEEN THE PARTIES.
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