Liability of Merchant. 8.1 Provided always that the Merchant has exercised reasonable care and skill (and otherwise acted in good faith) in providing the Service (to the maximum extent permitted by the Code and at law) the Merchant shall not be liable to the Grower as to: (a) the accuracy, description, relevance, completeness, merchantable quality, fitness for any purpose or any other matter relating to the Service under this Agreement; (b) loss of, or damage to, the Produce by any cause (including lawful confiscation); (c) any damage to property or death of, or injury to, any person caused directly or indirectly by the Produce and/or the Service; (d) any claim against the Merchant in relation to the Service, the Produce or the consumption of the Produce; and (e) any other thing in relation to which the Merchant has assumed the risk or liability under this Agreement. 8.2 The Merchant shall be liable to compensate the Grower for all direct losses, damages, costs, claims and expenses which the Grower may incur as a result of any negligent act or omission of the Merchant other than to the extent that the loss, damage, claim or cost was contributed to by a negligent act or omission by the Grower.
Appears in 6 contracts
Samples: Horticulture Produce Agreement, Horticulture Produce Agreement, Horticulture Produce Agreement
