CONSEQUENTIAL LOSS OR DAMAGES Clause Samples
The Consequential Loss or Damages clause limits or excludes a party’s liability for losses that do not arise directly from a breach but are instead indirect or consequential in nature. In practice, this means that if one party fails to meet its contractual obligations, it will not be responsible for losses such as lost profits, loss of business opportunities, or reputational harm that the other party may suffer as a result. The core function of this clause is to allocate risk by preventing potentially large and unforeseeable claims for damages that go beyond the immediate and direct consequences of a breach.
CONSEQUENTIAL LOSS OR DAMAGES. (a) Notwithstanding any other provision contained in these terms and conditions except as set out under item (b) of this clause and except to the extent liability cannot legally be limited or excluded, BCP will not be liable to the Customer, whether in contract, tort (including negligence and strict liability), indemnity, breach of warranty, under statute, in equity or otherwise, for any indirect, incidental or consequential loss or damage, any loss of profit or revenue, loss of production, income, business, opportunity, goodwill or anticipated savings or increased costs of any kind including capital costs and transport costs, resulting from or arising under or in connection with a contract to which these terms and conditions apply.