Liability of Pentana Solutions. 21.1 Except in relation to liability for personal injury (including sickness and death), Pentana Solutions is under no liability to the Customer in respect of any indirect, special, incidental loss or damage (including consequential loss or damage) which may be suffered or incurred or which may arise directly or indirectly in respect of the Licensed System, Base Product, Service or Result furnished under or related to the Agreement, including, without limitation, damages for loss of profits, goodwill, work stoppage, computer failure or malfunction, loss or alteration of data or any and all other commercial damages or losses, supplied pursuant to this Agreement or in respect of a failure or omission on the part of Pentana Solutions to comply with its obligations under this Agreement even if Pentana Solutions is advised of the possibility thereof
21.2 Subject to subclause 21.3, Pentana Solutions’ entire liability under any individual agreement shall not exceed the contractual value of each individual agreement under which the damages directly occurred
21.3 In order not to forfeit their rights the Parties shall present claims for damages within twelve months from the time when the damage was discovered or should have been discovered.
21.4 Subject to subclause 21.5, the Customer warrants that it has not relied on any representation made by Pentana Solutions which has not been, stated expressly in this Agreement, or upon any descriptions, representations, illustrations or specifications contained in any document including catalogues or publicity material produced by Pentana Solutions.
21.5 The Customer acknowledges that to the extent Pentana Solutions has made any representation which is not otherwise expressly stated in this Agreement, the Customer has been provided with an opportunity to independently verify the accuracy of that representation.
21.6 The Customer at all times indemnifies and holds harmless Pentana Solutions and its officers, employees and agents (those indemnified) from and against any loss (including reasonable legal costs and expenses) or liability reasonably incurred or suffered by any of those indemnified arising from any proceedings against those indemnified where such loss or liability was caused by:
(a) a breach by the Customer of its obligations under this Agreement;
(b) any wilful, unlawful or negligent act or omission of the Customer.
