Common use of Legal Consequences; Limitation Clause in Contracts

Legal Consequences; Limitation. If a guarantee of the Seller is in part or in whole inaccurate according to paragraph 3 or paragraph 4 in case of the purchaser, the infringing party shall put the affected party into the same position as it would have been in if the guarantee had been accurate. If the infringing party fails to provide restitution in kind within one month of a written notice by affected party or if restitution in kind is impossible or insufficient, the affected party shall have the right, in lieu of its rights to demand restitution in kind, to demand that the infringing party pay monetary damages to the affected party. The infringing party shall, however, in no event be liable for any consequential damages and lost profits, damages incidental to any breach or non-fulfilment of a guarantee or internal costs or expenses incurred by the affected party. The infringing party shall not be liable for, and the affected party shall not be entitled to assert any claim if and to the extent that:

Legal Consequences; Limitation. If a guarantee of the Seller is in part or in whole inaccurate according to paragraph 3 or paragraph 4 in case of the purchaser, the infringing party shall put the affected party into the same position as it would have been in if the guarantee had been accurateaccurate (Naturalrestitution). If the infringing party fails to provide restitution in kind within one month of a written notice by affected party or if restitution in kind is impossible or insufficient, the affected party shall have the right, in lieu of its rights to demand restitution in kind, to demand that the infringing party pay monetary damages to the affected party. The infringing party shall, however, in no event be liable for any consequential damages (Folgeschäden) and lost profitsprofits (entgangener Gewinn), damages incidental to any breach or non-fulfilment of a guarantee or internal costs or expenses incurred by the affected party. The infringing party shall not be liable for, and the affected party shall not be entitled to assert any claim if and to the extent that: