Nothing herein shall limit either party's liability for death or personal injury arising from the proven negligence by itself or its employees or agents. Subject to the prior written consent of the Company the Client shall not induce to employ, whether as an employee, agent, partner or consultant, any employee of the Company directly associated with delivery of the Goods. Unless agreed and indicated in writing by the Company, the Client and their clients shall be good entitled to use the services and materials provided i.e. the samples only for the purpose of conducting market research to be carried out in conformity with the recognized ESOMAR/IRS Code of Conduct of the market research industry. Where the Seller requires payment of a deposit, the Client acknowledges that the deposit is not returnable. The Company bears no liability for any omissions or faults in these respects. The Company warrants that it has the right to provide the Goods but otherwise the Goods are provided on an “as-is” basis without warranty of any kind, express or implied, oral or written including, without limitation, the implied conditions of merchantable quality, fitness for purpose and description, all of which are specifically and unreservedly excluded. The Seller will be entitled to charge the Client for any expenses of delivery other than normal postage charges. All fees are exclusive of value added taxes which will be added to invoices where appropriate.
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Client refers to the person or organization placing the order. This provision shall not, however, apply to information or material which is or becomes public knowledge other than by breach by a party of this clause. Cancellation of the Order by the Client will only be accepted on condition that any costs, charges and expenses already incurred, including any charges that will be levied by the list-owner on account of his expenses, work or cancellation conditions will be reimbursed to the Company forthwith. All fees are exclusive of value added taxes which will be added to invoices where appropriate. Any liability of the Company shall in any event be limited to the license fees paid by the Client in the year in which the event of default arises. Goods or services refers to the product for which the seller has placed an order with the client. The Client shall fully indemnify the Company against any liability to third parties arising out of the Client's use of the Goods. The Company does not warrant that the Goods supplied are error-free, accurate or complete. The pricing, quantity of goods, and time of delivery mentioned in the articles are not binding on the Seller, but the Seller will make all efforts to fulfil the stated estimates. Nothing herein shall limit either party's liability for death or personal injury arising from the proven negligence by itself or its employees or agents.