Common use of General Limitations of Liability Clause in Contracts

General Limitations of Liability. 1. The supplier’s liability is limited only to cases in which he, his leading employees or sub-contractors are guilty of culpable intent, gross negligence or injury to life, limb and health. 2. The statutory product warranty is unaffected independent of any blame as well as any liability in respect of the legal fulfilment in regard of any product integrity warranty. 3. Unaffected also is the liability in the case of culpable neglect of major contractual obligations; however, the liability is restricted in cases of No. 1 to foreseeable direct damages commonly encountered in contracts. Major contractual obligations shall be understood to cover fundamental, elementary obligations resulting from the contract relationship, which are important to the orderly and proper execution of the contract and substantially influence the relationship of trust between the contract partners, especially the supply and important reporting obligations. 4. However, this implies no change in the requirement of proof to the disadvantage of the purchaser.

Appears in 4 contracts

Samples: General Terms of Business for the Sale and Delivery in the Plastics Converting Industry, General Business Terms for the Sale and Delivery in the Plastics Converting Industry, General Business Terms for the Sale and Delivery in the Plastics Converting Industry

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