Common use of Liability Clause in Contracts

Liability. The Supplier shall be liable for any losses that the Supplier, its employees, its representatives and/or its subcontractors cause to ARaymond or to third parties due to the Supply and/or due to execution of the Purchase Order and/or the Contract. ARaymond shall hold the Supplier liable for any losses and/or liability that the other Party may incur in this regard. The Supplier shall indemnify ARaymond for any and all losses caused by a Supply that is defective or non-Compliant, including, but not limited to, the costs (including legal costs and experts’ fees) of any recall activity for the Supply, of labour, of replacements, of assembly and disassembly, of testing and analysis activities, of reconditioning and of transportation to/from ARaymond and/or to/from its customers. Unless otherwise agreed between the Parties, the abovementioned provisions regarding liability apply to all harm, both direct and indirect, tangible and intangible, and to costs and to losses, without any limit of amount and to the fullest extent permitted by law. Under no circumstances shall ARaymond be liable for non-fulfilment of its obligations under the Contract if such non-fulfilment results from a Force Majeure Event as defined in Art. 15.1.