Legal Notice
LIABILITY AND INDEMNITIES Ivory Global Care BV, hereinafter referred to as IGC
- IGC is not liable for damage suffered by the Client as a result of the Client providing IGC with incorrect or incomplete Document and/or information.
- IGC is not liable for any consequential damage, business damage, or indirect damage resulting from IGC's failure to perform, or its failure to perform on time or properly.
- ICG is only liable to the Client for damage that is the direct result of an attributable failure (or series of failures) in the performance of the Assignment. This liability is limited to the amount paid out by IGC's liability insurer for the case in question, plus any excess to be borne by IGC under the insurance policy.
- If, for any reason whatsoever, the liability insurer does not pay out, IGC's liability is limited to the amount of the fee charged for the performance of the Assignment (excluding sales tax).
- If the Assignment concerns a continuing performance contract with a term of more than one year, the aforementioned amount shall be set at once the amount of the fee charged to the Client in the twelve months prior to the occurrence of the damage. A series of related events shall be regarded as a single event, unless the parties see reason to deviate from this when entering into the agreement, given the scope of the assignment or the risks associated with it.
- The limitations of liability included in this article do not apply if and insofar as there is intent or deliberate recklessness on the part of IGC or its senior management.
- The Client is obliged to take measures to limit the damage.
- IGC shall at all times be entitled, if and insofar as possible, to undo the damage suffered by the client.
- The client shall at all times give IGC the opportunity to undo or limit any damage.
- The Client indemnifies IGC against claims from third parties for damage caused by the Client providing IGC with no, incorrect, or incomplete Document and/or information.
- The Client indemnifies IGC against claims from third parties (including employees of IGC and third parties engaged by IGC) who suffer damage in connection with the performance of the Assignment as a result of the Client's actions or omissions or unsafe situations in the Client's company or organization.
- IGC's liability is in all cases limited to the maximum amount payable (insured amount) under the liability insurance taken out by IGC.