28. CertifyTranslation.ca shall not be liable for any innocent or negligent misrepresentation by virtue of any statement made by or on behalf of the Translation Agency prior to entering into the Contract, whether orally or in writing, and the Client shall not be entitled to terminate the Contract on the grounds of any such misrepresentation.
29. CertifyTranslation.ca shall not be liable, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising hereunder;
30. CertifyTranslation.ca’s total liability to the Client in respect of all other losses arising hereunder, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall not exceed the amount charged by CertifyTranslation.ca for the service. CertifyTranslation.ca undertakes to reimburse only the proven damages up to the amount of the charge for the service.
31. Unless specifically agreed upon in writing, CertifyTranslation.ca does not guarantee that the respective translation is permissible or appropriate to the client's purpose. This applies especially in the event that the translation is published or used for marketing purposes. For any project and in any situation, the client exclusively bears all legal risks pertaining to the servitude or publication of the translated texts.
32. CertifyTranslation.ca does not accept liability for:
- price discrepancies or other damages or costs arising from quotation requests involving a deviation from the true facts,
- damages arising from the Client’s partial or complete failure to fulfill its obligations hereunder,
- ambiguous wording or ideas in the wording and content of the source text,
- slippage and damages arising from formal or technical faults, included but not limited to, corrupted file, illegibility, and the like) and defective content in the source document,
- damages arising from a fault in transmission of the source document, or loss, damage or destruction of the document in transmission,
- damages arising from source content which is in breach of copyright,
- other late performance or damages for which the Translation Agency is not at fault.
33.The Client may lodge a claim against the Translation Agency for compensation in respect of unsatisfactory translation or editing only if the Client has requested correction and is not satisfied with the result.