Common use of Further Liability Clause in Contracts

Further Liability. 10.1 Unless otherwise specified in these general terms and conditions, including the following provisions, ▇▇▇▇▇ is liable for any breach of contractual and non-contractual obligations under the relevant statutory provisions. 10.2 ▇▇▇▇▇ is responsible for damages - for whatever legal reason - if the company or its legal representatives or vicarious agents have acted with intent or gross negligence. In case of simple negligence by ▇▇▇▇▇ or their legal representatives or vicarious agents, ▇▇▇▇▇ is only liable a) for damages resulting from injury to life, body or health, b) for damages resulting from the breach of a material contractual obligation. Material contractual obligations are such obligations, whose fulfillment is essential to the due performance of the contract and upon which adherence the Customer relies and may rely. In this case, however, the liability of ▇▇▇▇▇ is limited to the compensation of the foreseeable, typically occurring damages. 10.3 The limitations of liability resulting from Number 10.2 do not apply if ▇▇▇▇▇ fraudulently concealed a defect or gave a guaranty of the quality of the goods. The same applies to claims under the German Product Liability Act. 10.4 For the avoidance of doubt the "Release to service certificates" issued by ▇▇▇▇▇ for the goods only indicates that the certified goods may be used for air transportation; however, ▇▇▇▇▇ expressly does not provide any quality guarantee in this regard. 10.5 Due to a breach of obligation which does not qualify as a defect, the Customer may only withdraw or terminate the contract if ▇▇▇▇▇ is responsible for the breach of obligation. Apart from that, the statutory provisions and legal consequences apply. 10.6 The above exclusions and limitations of liability apply to the same extent for the benefit of the legal representatives, employees and other vicarious agents of ▇▇▇▇▇.

Further Liability. 10.1 Unless otherwise specified in these general terms and conditions, including the following provisions, ▇▇▇▇▇ is liable for any breach of contractual and non-contractual obligations under the relevant statutory provisions. 10.2 ▇▇▇▇▇ is responsible for damages - – for whatever legal reason - – if the company or its legal representatives or vicarious agents have acted with intent or gross negligence. In case of simple negligence by ▇▇▇▇▇ or their legal representatives or vicarious agents, ▇▇▇▇▇ is only liable a) for damages resulting from injury to life, body or health, b) for damages resulting from the breach of a material contractual obligation. Material contractual obligations are such obligations, whose fulfillment is essential to the due performance of the contract and upon which adherence the Customer relies and may rely. In this case, however, the liability of ▇▇▇▇▇ is limited to the compensation of the foreseeable, typically occurring damages. 10.3 The limitations of liability resulting from Number 10.2 do not apply if ▇▇▇▇▇ fraudulently concealed a defect or gave a guaranty of the quality of the goods. The same applies to claims under the German Product Liability Act. 10.4 For the avoidance of doubt the "Release to service certificates" issued by ▇▇▇▇▇ for the goods only indicates that the certified goods may be used for air transportation; however, ▇▇▇▇▇ expressly does not provide any quality guarantee in this regard. 10.5 Due to a breach of obligation which does not qualify as a defect, the Customer may only withdraw or terminate the contract if ▇▇▇▇▇ is responsible for the breach of obligation. Apart from that, the statutory provisions and legal consequences apply. 10.6 The above exclusions and limitations of liability apply to the same extent for the benefit of the legal representatives, employees and other vicarious agents of ▇▇▇▇▇.