Common use of Liability Clause in Contracts

Liability. 12.1. The Supplier may not be liable for Product defects when they are attributable to: - materials supplied by the Buyer or by third parties indicated by the latter; - design or drawing errors when they are carried out by the Buyer or by third parties indicated by the latter; - use of equipment indicated or recommended by the Buyer or by third parties indicated by the latter; - treatments or tampering carried out without the Supplier’s approval; - inappropriate, non-permitted, anomalous, atypical or particular use of the product on the part of the Buyer or by third parties; - normal wear and tear of the product or its deterioration ascribable to events attributable to the Buyer or to third parties; - lack of compliance with the Supplier’s recommendations, indications or suggestions with regards to the maintenance, preservation or use of the Product. 12.2. Any liability for indirect damage, image loss, lost income, loss of earnings, loss in the financial period, loss of profits, shutdowns or, in any case, as an indirect consequence of the Product defect, is expressly excluded. The Supplier shall not, moreover, be liable for damage, whether direct or indirect, possibly suffered by the Buyer, due to the use, on the part of the latter, of technical documents, information, product data, indications regarding the technical or functional characteristics, when such use has not been previously and specifically authorized in writing by the Supplier. In no event shall the Supplier be answerable for lack of performance of the product manufactured.