11. Warranties and Liability
11.1 Voicescript Ltd warrants to you that the Services will be provided using reasonable care and skill. Where Voicescript Ltd supplies in connection with the provision of the Services any goods supplied by a third party, Voicescript Ltd does not give any warranty, guarantee or other term as to their quality, fitness for purpose or otherwise, but shall, where possible, assign to you the benefit of any warranty, guarantee or indemnity given by the party supplying the goods to Voicescript Ltd.
11.2 Voicescript Ltd does not warrant that the use of the Services by you will increase the profitability of your business or generate new business for you.
11.3 You agree to keep a back-up copy of all Client Material you send to Voicescript Ltd and to rewind all tapes to the start of the recording. We recommend that any Client Material sent to Voicescript Ltd through the postal services is sent via Special Delivery. Voicescript Ltd shall not be liable for any loss, damage, costs, expenses or other claims arising from any Client Material which is lost or damaged through the postal system or of which you have not retained a copy or for damage to any tapes or mechanical failure of a cassette/disk.
11.4 Voicescript Ltd shall have no liability to you for any loss, damage, costs, expenses or other claims for compensation arising from:
11.4.1 any breach by you of these Conditions;
11.4.2 any Client Material or instructions supplied by the Client which are incomplete, incorrect, repetitive, inaccurate, illegible, out of sequence or in the wrong form, or arising from their late arrival or non-arrival, or any other fault attributable to you;
11.4.3 any use by you of the transcribed or typed material for illegal or libellous purposes.
11.5 Except in respect of death or personal injury caused by Voicescript Ltd’s negligence, or as expressly provided in these Conditions, Voicescript Ltd shall not be liable to the Client by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the Contract, for any loss of profit or any indirect, special or consequential loss, damage, costs, expenses or other claims (whether caused by the negligence of Voicescript Ltd, its employees or agents or otherwise) which arise out of or in connection with the provision of the Services or their use by you, and the entire liability of Voicescript Ltd under or in connection with the Contract shall not exceed the amount of the fees payable by you under the Contract.
11.6 Voicescript Ltd reserves the right to defer or to cancel the Contract without liability to you if it is prevented from or delayed in the carrying on of its business due to circumstances outside its reasonable control including but, without limitation, strike, lock-out or other industrial action (whether or not relating to either party’s workforce), terrorist activity, civil commotion, government action, acts of God, war or national emergency or other circumstances beyond Voicescript Ltd’s reasonable control provided that, if the event in question continues for a continuous period in excess of three months then either party shall be entitled to give notice in writing to terminate the Contract.