Common use of Liability and Damages Clause in Contracts

Liability and Damages. 1. The Seller shall be liable for any willful acts, neglects and omissions and any gross negligence of its legal representatives and/or any other persons authorized by the Seller to perform any of the obligations of the Seller under any contract awarded to the Seller or order placed with the Seller (“Agent or Employee”). 2. In the event of any ordinary negligence of any legal representative, Agent or Employee of the Seller, the liability of the Seller shall be limited to liability for any loss or damage the Seller foresaw when the contract was awarded or the order was placed by the Buyer or should have foreseen when the contract was awarded or the order was placed by the Buyer considering the circumstances the Seller knew or should have known when the contract was awarded or the order was placed by the Buyer. If and in as far as any loss or damage suffered by the Buyer due to the ordinary negligence of any legal representative, Agent or Employee of the Seller is compensated by any final payment by any insurer under any insurance contract against loss or indemnity concluded by the Buyer or for the Buyer such as, but not limited to any liability, all-risks, transportation, fire or business interruption insurance, the liability of the Seller shall be limited to any losses incurred by the Buyer as a result of any such insurance claim such as, without limitation, any increase in insurance premium. Any liability of the Seller for any loss or damage caused by the ordinary negligence of any of the legal representatives, Agents or Employees of the Seller and covered by a final insurance payment to the Buyer shall be excluded. Subject to the limitations provided for hereinbefore, any liability of the Seller for any loss or damage caused by the ordinary negligence of any legal representative, Agent or Employee of the Seller shall for each incident be limited to an amount of one million Euro (1,000,000 €). 3. The exclusions and limitations of liability provided for hereinabove shall not apply, – if and in as far as the Seller is held liable for any human loss of life, injury or loss of health, – if and in as far as the Seller is held liable under the German Product Liability Act or – if and in as far as the Seller is held liable under any warranty in accordance with Section 443 of the German Civil Code agreed by the Seller to provide security to the Buyer with respect to the loss or damage incurred by the Buyer. 4. The provisions of Clauses 1 through 3 hereinabove shall not operate to alter any of the provisions of law regarding the onus probandi.

Liability and Damages. 1. The Seller shall be liable for any willful acts, neglects and omissions and any gross negligence of its legal representatives and/or any other persons authorized by the Seller to perform any of the obligations of the Seller under any contract awarded to the Seller or order placed with the Seller (“Agent or Employee”). 2. In the event of any ordinary negligence of any legal representative, Agent or Employee of the Seller, the liability of the Seller shall be limited to liability for any loss or damage the Seller foresaw when the contract was awarded or the order was placed by the Buyer or should have foreseen when the contract was awarded or the order was placed by the Buyer considering the circumstances the Seller knew or should have known when the contract was awarded or the order was placed by the Buyer. If and in as far as any loss or damage suffered by the Buyer due to the ordinary negligence of any legal representative, Agent or Employee of the Seller is compensated by any final payment by any insurer under any insurance contract against loss or indemnity concluded by the Buyer or for the Buyer such as, but not limited to any liability, all-risks, transportation, fire or business interruption insurance, the liability of the Seller shall be limited to any losses incurred by the Buyer as a result of any such insurance claim such as, without limitation, any increase in insurance premium. Any liability of the Seller for any loss or damage caused by the ordinary negligence of any of the legal representatives, Agents or Employees of the Seller and covered by a final insurance payment to the Buyer shall be excludedexclu- ded. Subject to the limitations provided for hereinbefore, any liability of the Seller for any loss or damage caused by the ordinary negligence of any legal representative, Agent or Employee of the Seller shall for each incident be limited to an amount of one million Euro (1,000,000 €). 3. The exclusions and limitations of liability provided for hereinabove shall not apply, – if and in as far as the Seller is held liable for any human loss of life, injury or loss of health, – if and in as far as the Seller is held liable under the German Product Liability Act or – if and in as far as the Seller is held liable under any warranty in accordance with Section 443 of the German Civil Code agreed by the Seller to provide security to the Buyer with respect to the loss or damage incurred by the Buyer. 4. The provisions of Clauses 1 through 3 hereinabove shall not operate to alter any of the provisions provisi- ons of law regarding the onus probandi.

Liability and Damages. 1. The Seller shall be liable for any willful acts, neglects and omissions and any gross negligence of its legal representatives and/or any other persons authorized by the Seller to perform any of the obligations of the Seller under any contract awarded to the Seller or order placed with the Seller (“Agent or Employee”). 2. In the event of any ordinary negligence of any legal representative, Agent or Employee of the Seller, the liability of the Seller shall be limited to liability for any loss or damage the Seller foresaw when the contract was awarded or the order was placed by the Buyer or should have foreseen when the contract was awarded or the order was placed by the Buyer considering the circumstances the Seller knew or should have known when the contract was awarded or the order was placed by the Buyer. If and in as far as any loss or damage suffered by the Buyer due to the ordinary negligence of any legal representative, Agent or Employee of the Seller is compensated by any final payment by any insurer under any insurance contract against loss or indemnity concluded by the Buyer or for the Buyer such as, but not limited to any liability, all-risks, transportation, fire or business interruption insurance, the liability of the Seller shall be limited to any losses incurred by the Buyer as a result of any such insurance claim such as, without limitation, any increase in insurance premium. Any liability of the Seller for any loss or damage caused by the ordinary negligence of any of the legal representatives, Agents or Employees of the Seller and covered by a final insurance payment to the Buyer shall be excluded. Subject to the limitations provided for hereinbefore, any liability of the Seller for any loss or damage caused by the ordinary negligence of any legal representative, Agent or Employee of the Seller shall for each incident be limited to an amount of one million Euro (1,000,000 750.000,00 €). 3. The exclusions and limitations of liability provided for hereinabove shall not apply, – - if and in as far as the Seller is held liable for any human loss of life, injury or loss of health, – - if and in as far as the Seller is held liable under the German Product Liability Act or – - if and in as far as the Seller is held liable under any warranty in accordance with Section 443 of the German Civil Code agreed by the Seller to provide security to the Buyer with respect to the loss or damage incurred by the Buyer. 4Code. The provisions of Clauses Clause 1 through 3 hereinabove shall not operate to alter any of the provisions of law regarding the onus probandi.

Liability and Damages. 1. The Seller shall be liable for any willful acts, neglects and omissions and any gross negligence of its legal representatives and/or any other persons authorized by the Seller to perform any of the obligations of the Seller under any contract awarded to the Seller or order placed with the Seller (“Agent or Employee”). 2. In the event of any ordinary negligence of any legal representative, Agent or Employee of the Seller, the liability of the Seller shall be limited to liability for any loss or damage the Seller foresaw when the contract was awarded or the order was placed by the Buyer or should have foreseen when the contract was awarded or the order was placed by the Buyer considering the circumstances the Seller knew or should have known when the contract was awarded or the order was placed by the Buyer. If and in as far as any loss or damage suffered by the Buyer due to the ordinary negligence of any legal representative, Agent or Employee of the Seller is compensated by any final payment by any insurer under any insurance contract against loss or indemnity concluded by the Buyer or for the Buyer such as, but not limited to any liability, all-risks, transportation, fire or business interruption insurance, the liability of the Seller shall be limited to any losses incurred by the Buyer as a result of any such insurance claim such as, without limitation, any increase in insurance premium. Any liability of the Seller for any loss or damage caused by the ordinary negligence of any of the legal representatives, Agents or Employees of the Seller and covered by a final insurance payment to the Buyer shall be excluded. Subject to the limitations provided for hereinbefore, any liability of the Seller for any loss or damage caused by the ordinary negligence of any legal representative, Agent or Employee of the Seller shall for each incident be limited to an amount of one ten million Euro Euros (1,000,000 10,000,000 €). 3. The exclusions and limitations of liability provided for hereinabove shall not apply, – ⮚ if and in as far as the Seller is held liable for any human loss of life, injury or loss of health, – ⮚ if and in as far as the Seller is held liable under the German Product Liability Act or – ⮚ if and in as far as the Seller is held liable under any warranty in accordance with Section 443 of the German Civil Code agreed by the Seller to provide security to the Buyer with respect to the loss or damage incurred by the Buyer. 4. The provisions of Clauses 1 through 3 hereinabove shall not operate to alter any of the provisions of law regarding the onus probandi.