"Customer" refers to a person, firm or other entity who receives a NUANS Report directly or indirectly from SEARCH HOUSE pursuant to a written agreement with SEARCH HOUSE, or who relies on such Report without the benefit of any written agreement with SEARCH HOUSE.
"SEARCH HOUSE" shall at all times refer to all of the following: Hewlett Packard; Read Abstracts Limited and their respective directors, officers, employees, agents and representatives.
Terms and Conditions
(a) There are no representations or warranties, expressed or implied, oral or written, in fact or by operation of law or otherwise, except as herein expressly stated. In no event shall the SEARCH HOUSE be liable for any indirect, special or consequential damages for any reason whatsoever including any damages arising out of Customer's access to or use of services, data or reports provided to the Customer by SEARCH HOUSE, including responsibility or liability resulting from the inaccuracy and/or omissions of NUANS Reports.
(b) SEARCH HOUSE's liability for direct damages resulting from SEARCH HOUSE's negligence or breach of contract in the execution of services (including delivery of data and reports) for the Customer shall be limited to the total charge for the services giving rise to the loss or damage.
(c) Where Customer is required to re-request an identical NUANS Report because of technical failure of SEARCH HOUSE to produce the first required Report, SEARCH HOUSE's sole liability shall be to waive all charges with respect thereto, provided that in all such cases SEARCH HOUSE shall not be liable for any failure in the case of an Act of God, riots, insurrection or any other event beyond SEARCH HOUSE's direct control, and provided in all cases that the Customer provides SEARCH HOUSE with satisfactory documentation evidencing one of the above-mentioned failures within ten (10) days of the alleged date of such failure.
(d) In the event a Customer's acknowledged request for a NUANS Report fails to produce that report, the Customer shall re-enter it at the next convenient time. The Customer shall then advise SEARCH HOUSE in writing within ten (10) days of the event and provide SEARCH HOUSE with adequate documentation in support of the problem report, proving at least the double submission of an identical request, upon which, if it accepts liability, SEARCH HOUSE agrees to waive charges for both the original request and for the re-run request.
(e) The Customer agrees to indemnify SEARCH HOUSE and to hold it harmless from any loss or liability to the Customer, or to any third parties, for any injuries or damages not caused by SEARCH HOUSE's negligence which result from the Customer's access to or use of any such report or data and operation of any machines or systems in the control of SEARCH HOUSE, or from any error or inaccuracy in the preparation and formulation of a request for a NUANS report.
(f) The Customer acknowledges that SEARCH HOUSE is subject to certain time and other restrictions in compiling its data base for purposes of delivering a NUANS Report, and the Customer shall so advise any third party to whom it disseminates a NUANS Report.