Common use of Translator’s note Clause in Contracts

Translator’s note. Verrichtungsgehilfe: in accordance with § 831 of the German Civil Code, a party who is assisting in performance of an obligation and in doing so is bound by the principal’s instructions; the principal is not liable for the other party’s acts or omissions, but only for the principal's own faults regarding the selection and supervision of the other party. only in cases in which intent or gross negligence may be imputed to the Party regarding the selection and/or supervision of the vicarious agents. (2) In the case of slight negligence, the liability of the Parties shall be limited to the compensation of typically foreseeable damages, in the case of gross negligence it shall be limited to damages typically caused during the respective business operations. Sentence 2 and 3 of section (1) shall apply mutatis mutandis. (3) The limitations of liability set out in section (1) and section (2) shall not apply in the case of an injury to life, body, or health. The liability arising from imperative, mandatory statutory obligations shall also remain unaffected.