Common use of Limitation of Liability of Seller Clause in Contracts

Limitation of Liability of Seller. (1) Subject to clause 7 (except as stated in clause 7(5)), this clause 8 sets out the entire financial liability of Seller (including any liability for the acts or omissions of its employees, agents and sub-contractors) to Buyer in respect of: (a) any breach of this Contract, including any delay or failure to deliver the goods; (b) any use made or resale by Buyer of any of the goods, or of any product incorporating any of the goods; and (c) any representation, statement or tortious act or omission including negligence and any breach of statutory duty, arising under or in connection with this Contract. (2) All warranties, conditions and other terms implied by statute or trade custom are, to the fullest extent permitted by applicable law, excluded from this Contract. (3) Nothing in this Contract excludes or limits the liability of Seller: (a) for death or personal injury caused by Seller's negligence; or (b) for fraud or fraudulent misrepresentation; or (c) if the loss suffered by Xxxxx is a reasonably foreseeable consequence of and arises directly from the Seller's gross negligence (meaning faute lourde under Article 1231-1 of the French Civil Code), wilful default (meaning faute dolosive under Article 1231-1 of the French Civil Code), (d) nor does this Contract purport to exclude or limit any liability arising from the core obligations of Seller pursuant to Article 1170 of the French Civil Code, or (e) otherwise to the extent to which it would be unlawful under applicable law for Seller to exclude or limit or attempt to exclude or limit its liability. (4) Subject to clauses 8(2) and (3): (a) Seller’s total liability in contract, tort (including negligence), breach of statutory duty, misrepresentation, restitution or otherwise, arising in connection with this Contract is limited to the Contract Price; and (b) Seller shall under no circumstances whatsoever be liable to Buyer, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any pure economic loss, loss of profit, loss of business, depletion of goodwill or otherwise, in each case whether direct or consequential, or for any indirect or consequential loss which arises out of or in connection with this Contract.

Limitation of Liability of Seller. (1) Subject to clause 7 (except as stated in clause 7(5)), Seller’s liability shall be limited according to this clause 8 sets out the entire financial liability of Seller (including any liability for the acts or omissions of its employees, agents and sub-contractors) to Buyer in respect of8: (a) any breach of this Contract, including any delay or failure to deliver the goods; (b) any use made or resale by Buyer of any of the goods, or of any product incorporating any of the goods; and (c) any representation, statement or tortious act or omission including negligence and any breach of statutory duty, arising under or in connection with this Contract. (21) All warranties, conditions and other terms implied by statute statute, trade or trade custom are, to the fullest extent permitted by applicable law, excluded from this Contract. (2) Seller shall not be liable in the case of ordinary negligence (einfache Fahrlässigkeit) of its legal representatives, employees and other agents if there is no violation of the fundamental obligations (Kardinalpflichten) of this Contract. (3) Nothing in If Seller is liable on the merits according to clause 8(1) with regard to damages, the liability shall be limited to damages that were foreseeable by Seller at the time of the conclusion of this Contract excludes or limits the liability of Seller: (a) for death or personal injury caused by Seller's negligence; or (b) for fraud or fraudulent misrepresentation; or (c) that would have been foreseeable if the loss suffered by Xxxxx is a reasonably foreseeable consequence of usual due care and arises directly from the Seller's gross negligence (meaning faute lourde under Article 1231-1 of the French Civil Code), wilful default (meaning faute dolosive under Article 1231-1 of the French Civil Code), (d) nor does this Contract purport to exclude or limit any liability arising from the core obligations of Seller pursuant to Article 1170 of the French Civil Code, or (e) otherwise to the extent to which it would be unlawful under applicable law for Seller to exclude or limit or attempt to exclude or limit its liabilitydiligence had been exercised. (4) Subject If liability is due to clauses 8(2ordinary negligence, Seller’s obligation to indemnify for damage to property and any other financial damage resulting therefrom shall be limited to the amount covered by product liability insurance or third party liability insurance even if fundamental obligations (Kardinalpflichten) and have been violated. (3): 5) (a) Notwithstanding clauses 8(3) and 8(4), Seller’s 's total liability in contract, tort (including negligence), breach of statutory duty, misrepresentation, restitution or otherwise, arising in connection with this Contract is limited to the Contract Price; and . (b) Subject to applicable law, Seller shall under no circumstances whatsoever not be liable to Buyer, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any pure economic loss, loss of profit, loss of business, depletion of goodwill or otherwise, in each case whether direct or consequential, or for any indirect or consequential loss which arises out of or in connection with this Contract. (6) The exclusions and limitations regarding liabilities that are detailed above apply to the same extent to any of Seller’s legal representatives, employees and other agents. (7) If Seller provides technical information or advice and if this technical information and advice is not part of the owed performance contractually agreed, they shall be provided free of charge and all liability of Seller shall be excluded.

Limitation of Liability of Seller. (1) Subject to clause 7 (except as stated in clause 7(5)), this clause 8 sets out the entire financial liability of Seller (including any liability for the acts or omissions of its employees, agents and sub-contractors) to Buyer in respect of: (a) any breach of this Contract, including any delay or failure to deliver the goods; (b) any use made or resale by Buyer of any of the goods, or of any product incorporating any of the goods; and (c) any representation, statement or tortious act or omission including negligence and any breach of statutory duty, arising under or in connection with this Contract. (2) All warranties, conditions and other terms implied by statute or statute, trade custom or common law are, to the fullest extent permitted by applicable law, excluded from this Contract. (3) Nothing in this Contract excludes or limits the liability of Seller: (a) for death or personal injury caused by Seller's negligence; or (b) for fraud or fraudulent misrepresentation; or (c) if the loss suffered by Xxxxx is a reasonably foreseeable consequence of and arises directly from the Seller's gross negligence (meaning faute lourde under Article 1231-1 for breach of the French Civil Code), wilful default (meaning faute dolosive under Article 1231-1 terms implied by section 12 of the French Civil Code), Sale of Goods Act 1979; or (d) nor does this Contract purport to exclude or limit any liability arising from for defective products under the core obligations of Seller pursuant to Article 1170 of the French Civil Code, Consumer Protection Act 1987; or (e) otherwise to the extent to which it would be unlawful under applicable law for Seller to exclude or limit or attempt to exclude or limit its liability. (4) Subject to clauses 8(2) and (3): (a) Seller’s total liability in contract, tort (including negligence), breach of statutory duty, misrepresentation, restitution or otherwise, arising in connection with this Contract is limited to the Contract Price; and (b) Seller shall under no circumstances whatsoever be liable to Buyer, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any pure economic loss, loss of profit, loss of business, depletion of goodwill or otherwise, in each case whether direct or consequential, or for any indirect or consequential loss which arises out of or in connection with this Contract. (5) Buyer acknowledges that it has not relied on any statement, promise or representation made or given by or on behalf of Seller which is not set out in this Contract.

Limitation of Liability of Seller. (1) Subject to clause 7 (except as stated in clause 7(5)), this clause 8 sets out the entire financial liability of Seller (including any liability for the acts or omissions of its employees, agents and sub-contractors) to Buyer in respect of: (a) any breach of this Contract, including any delay or failure to deliver the goods; (b) any use made or resale by Buyer of any of the goods, or of any product incorporating any of the goods; and (c) any representation, statement or tortious act or omission including negligence and any breach of statutory duty, arising under or in connection with this Contract. (2) All warranties, conditions and other terms implied by statute or trade custom are, to the fullest extent permitted by applicable law, excluded from this Contract. (3) Nothing in this Contract excludes or limits the liability of Seller: (a) for death or personal injury caused by Seller's Xxxxxx’s negligence; or (b) for fraud or fraudulent misrepresentation; or (c) if the loss suffered by Xxxxx is a reasonably foreseeable consequence of and arises directly from the Seller's for wilful misconduct, gross negligence (meaning faute lourde under Article 1231-1 or violation of the French Civil Code), wilful default (meaning faute dolosive under Article 1231-1 of the French Civil Code), public policy; or (d) nor does this Contract purport to exclude or limit any liability arising from the core obligations of Seller pursuant to Article 1170 of the French Civil Code, or (e) otherwise to the extent to which it would be unlawful under applicable law for Seller to exclude or limit or attempt to exclude or limit its liability. (4) Subject to clauses 8(2) and (3): (a) Seller’s total liability in contract, tort (including negligence), breach of statutory duty, misrepresentation, restitution or otherwise, arising in connection with this Contract is limited to the Contract Price; and (b) Seller shall under no circumstances whatsoever be liable to Buyer, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any pure economic loss, loss of profit, loss of business, depletion of goodwill or otherwise, in each case whether direct or consequential, or for any indirect or consequential loss which arises out of or in connection with this Contract. (5) Buyer acknowledges that it has not relied on any statement, promise or representation made or given by or on behalf of Seller which is not set out in this Contract.

Limitation of Liability of Seller. (1) Subject to clause 7 (except as stated in clause 7(5)), this clause 8 sets out the entire financial liability of Seller (including any liability for the acts or omissions of its employees, agents and sub-contractors) to Buyer in respect of: (a) any breach of this Contract, including any delay or failure to deliver the goods; (b) any use made or resale by Buyer of any of the goods, or of any product incorporating any of the goods; and (c) any representation, statement or tortious act or omission including negligence and any breach of statutory duty, arising under or in connection with this Contract. (2) All warranties, conditions and other terms implied by statute or trade custom are, to the fullest extent permitted by applicable law, excluded from this Contract. (3) Nothing in this Contract excludes or limits the liability of Seller: (a) for death or personal injury caused by SellerXxxxxx's negligence; or (b) for fraud or fraudulent misrepresentation; or (c) if the loss suffered by Xxxxx Buyer is a reasonably foreseeable consequence of and arises directly from the Seller's gross negligence (meaning faute lourde under Article 1231-1 of the French Civil Code), wilful default (meaning faute dolosive under Article 1231-1 of the French Civil Code), (d) nor does this Contract purport to exclude or limit any liability arising from the core obligations of Seller pursuant to Article 1170 of the French Civil Code, or (e) otherwise to the extent to which it would be unlawful under applicable law for Seller to exclude or limit or attempt to exclude or limit its liability. (4) Subject to clauses 8(2) and (3): (a) Seller’s total liability in contract, tort (including negligence), breach of statutory duty, misrepresentation, restitution or otherwise, arising in connection with this Contract is limited to the Contract Price; and (b) Seller shall under no circumstances whatsoever be liable to Buyer, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any pure economic loss, loss of profit, loss of business, depletion of goodwill or otherwise, in each case whether direct or consequential, or for any indirect or consequential loss which arises out of or in connection with this Contract.