Incidental or Consequential Damage Clause Samples
The Incidental or Consequential Damage clause limits or excludes a party’s liability for damages that are not a direct result of a breach, such as lost profits, business interruption, or other indirect losses. In practice, this means that if one party fails to meet its contractual obligations, the other party cannot claim compensation for losses that are secondary or arise as a consequence of the breach, rather than from the breach itself. This clause is essential for managing risk exposure and providing predictability, as it prevents potentially unlimited liability for unforeseeable or indirect damages.
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Incidental or Consequential Damage. TEREX SHALL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO LOST PROFITS, LOSS OF PRODUCTION, INCREASED OVERHEAD, LOSS OF BUSINESS OPPORTUNITY, DELAYS IN PRODUCTION, COSTS OF REPLACEMENT COMPONENTS AND INCREASED COSTS OF OPERATION THAT MAY ARISE FROM THE BREACH OF THIS WARRANTY, WHETHER OR NOT CAUSED DIRECTLY OR INDIRECTLY BY ANY NEGLIGENCE OF TEREX, The Buyer’s sole remedy shall be limited to (all the sole option of Terex) repair or replacement of the defective part.
Incidental or Consequential Damage. NEITHER TEREX CONSTRUCTION NOR ANY TEREX CONSTRUCTION PARTY SHALL BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOSS OF PRODUCTION, INCREASED OVERHEAD, LOSS OF BUSINESS OPPORTUNITY, DELAYS IN PRODUCTION, COSTS OF REPLACEMENT COMPONENTS AND INCREASED COSTS OF OPERATION THAT MAY ARISE FROM THE BREACH OF THIS WARRANTY, WHETHER OR NOT CAUSED DIRECTLY OR INDIRECTLY BY ANY NEGLIGENCE OF ANY TEREX CONSTRUCTION PARTY. Customer’s sole remedy shall be limited to (at the sole option of the relevant Terex Construction Party) repair or replacement of the defective part.
Incidental or Consequential Damage. ASV SHALL NOT BE LIABLE FOR ANY INCIDENTAL, INDIRECT, CONSEQUENTIAL OR OTHER DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOSS OF PRODUCTION, INCREASED OVERHEAD, LOSS OF BUSINESS OPPORTUNITY, DELAYS IN PRODUCTION, COSTS OF REPLACEMENT COMPONENTS AND INCREASED COSTS OF OPERATION THAT MAY ARISE FROM THE BREACH OF THIS WARRANTY, WHETHER OR NOT CAUSED DIRECTLY OR INDIRECTLY BY ANY NEGLIGENCE OF ASV. The Buyer’s sole remedy shall be limited to (at the sole option of ASV) repair or replacement of the defective part.
Incidental or Consequential Damage. SELLER SHALL NOT BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY KIND. INCLUDING, BUT NOT LIMITED TO, LABOUR COSTS, LOSS OF USE OF OTHER EQUIPMENT, LOST PROFITS, LOSS OF PRODUCTION, INCREASED OVERHEAD, LOSS OF BUSINESS OPPORTUNITY, DELAYS IN PRODUCTION, COSTS OP REPLACEMENT COMPONENTS AND INCREASED COSTS OF OPERATION THAT MAY ARISE FROM THE BREACH OF THIS WARRANTY WHETHER OR NOT CAUSED DIRECTLY OR INDIRECTLY BY ANY NEGLIGENCE OF SELLER (EXCEPT NEGLIGENCE CAUSING DEATH OR PERSONAL INJURY) Registered in England and Wales under registration number 2197706 Registered Office: ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇ Gate East, Central ▇▇▇▇▇▇ Keynes, MK9 1DZ Sales Order Acknowledgement Seller: Terex United Kingdom Limited, ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇., ▇▇▇ ▇▇▇, ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Tel ▇▇-▇-▇▇▇▇-▇▇▇-▇▇▇ - Fax ▇▇-▇-▇▇▇▇-▇▇▇-▇▇▇ Spares Tel: +▇▇ (▇)▇▇▇▇ ▇▇▇ ▇▇▇ - Fax: +▇▇ (▇)▇▇▇▇ ▇▇▇ ▇▇▇ VAT No (Sales from UK) GB603484652 (Sales from Germany) DE0258665998 ▇▇▇▇▇@▇▇▇▇▇.▇▇▇ - ▇▇▇▇▇▇▇@▇▇▇▇▇.▇▇▇ - ▇▇▇▇▇▇▇▇▇@▇▇▇▇▇.▇▇▇ ▇▇▇.▇▇▇▇▇.▇▇▇
Incidental or Consequential Damage. Seller shall not be liable for any incidental or consequential damages of any kind, including, but not limited to, lost profits, loss of production, increased overhead, loss of business opportunity, delays in production, costs of replacement components and increased costs of operation that may arise from the breach of this warranty. Customer’s sole remedy shall be limited to (at Seller’s sole option) repair or replacement of the defective part.