We shall have no liability to you for any losses whether in contract and any tort (including negligence), breach of statutory duty or otherwise for any of the following losses or damage (whether such losses or damage were foreseen, foreseeable, known or otherwise and whether or not we were advised of the possibility of loss, liability, damage or expense), indirect or consequential loss (including, without limitation, loss of revenue, loss of actual or anticipated profit (including loss of profits on contracts), loss of business, loss of use of money, loss of anticipated savings, loss of opportunity, depletion of goodwill or loss of reputation) howsoever caused.
We shall have no liability resulting from or contributed to by your continued use of the site and / or equipment after a defect has become apparent or suspected or should reasonably have become apparent to you.
We shall have no liability to you for any delay and/or non-performance of a contract or damage to property to the extent that such delay and/or non-performance or damage to property is due to Force Majeure. In the event that we are prevented from complying with our obligations under the contract due to Force Majeure, both parties shall be released from their respective obligations and any rental monies paid above the deposit amount to us before performance has been completed shall be returned to you.
Our total liability to you under and/or arising in respect of all claims under or in relation to the contract shall not exceed the limit on our applicable insurance cover.
Nothing in this contract shall exclude or limit our liability for death or personal injury due to our negligence nor exclude or limit any other type of liability which is not permitted to be excluded or limited as a matter of law.
You shall be liable for the acts and/or omissions of your employees, agents, servants and/or sub-contractors as though they were your own acts and/or omissions under this contract.
If we are found to be liable in any respect of any loss or damage to your property, the extent of our liability shall be limited to the realisable value of the damaged property.
You agree to indemnify and keep us indemnified against any liability suffered by us and arising from or due to:
Your breach of contract, tort (including negligence) and/or breach of statutory duty;
Any damage, theft or loss of property, goods, articles or other things placed, deposited, brought onto or left on the site either by you or by any of your employees, agents, servants and/or sub-contractors;
Any loss, damage, injury or disease which may be suffered by any animal brought onto the site by any person or persons by reason of the use of the site by you;
Your failure to obtain and comply with all permissions, consents and licenses required for all the activities to be carried on at the site and in respect of the equipment under any statute, regulation or by-law;
Your failure to carry out and provide us with risk assessments for all activities to be carried on at the site; and
Any infringement of Intellectual Property Rights by you.