Common use of Limitation of Buyer’s Liability Clause in Contracts

Limitation of Buyer’s Liability. IN NO EVENT, REGARDLESS OF THE FORM OF THE CAUSE OF ACTION, THE CLAIMS ASSERTED, OR THE PERSON ASSERTING SUCH CLAIMS, SHALL BUYER’S LIABILITY IN THE AGGREGATE FOR ALL SUCH MATTERS, EXCEED THE PRICE PAID BY BUYER UNDER THE ORDER, AND SELLER WAIVES ANY CLAIM TO ANY OTHER DAMAGES OR REMEDIES UNDER ANY CAUSE OF ACTION. XXXXXX AGREES THAT BUYER SHALL NOT BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF ANTICIPATED PROFITS, LOSS OF USE, LOSS OF REVENUE, COST OF CAPITAL, FINES, PENALTIES AND THE LIKE, ENVIRONMENTAL LIABILITY AND DAMAGE, INJURY OR LOSS TO OTHER PROPERTY OR EQUIPMENT OR FOR PERSONAL INJURIES TO SELLER’S EMPLOYEES OR THIRD PARTIES. CLAIMS MUST BE MADE TO BUYER WITHIN A PERIOD OF TWELVE (12) MONTHS FROM THE DATE OF THE OCCURRENCE OF THE EVENT GIVING RISE TO THE DAMAGE, OR THE CLAIM IS FORFEITED.

Limitation of Buyer’s Liability. IN NO EVENTBUYER’S ENTIRE LIABILITY TO VENDOR OR ANY THIRD PARTY, REGARDLESS OF THE FORM OF THE CAUSE IF ANY, FOR ANY CLAIMS, DEMANDS, CAUSES OF ACTION, THE CLAIMS ASSERTEDARISING IN TORT, CONTRACT, OR THE PERSON ASSERTING SUCH CLAIMSOTHERWISE, SHALL BUYER’S LIABILITY IN THE AGGREGATE FOR ALL SUCH MATTERSINCLUDING WITH RESPECT TO ANY STATUTORY CLAIM, EXCEED IS LIMITED SOLELY TO THE PRICE ACTUALLY PAID BY BUYER UNDER THESE TERMS. NOTWITHSTANDING THE ORDERFOREGOING LIMITATION, AND SELLER WAIVES ANY CLAIM TO ANY OTHER DAMAGES OR REMEDIES UNDER ANY CAUSE OF ACTION. XXXXXX AGREES THAT BUYER SHALL NOT BE LIABLE TO VENDOR FOR INCIDENTAL SPECIAL, INDIRECT, ECONOMIC, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING UNDER THESE TERMS, OR OTHERWISE, WITH RESPECT TO THE SALE, PURCHASE, OR USE OF THE GOODS, INCLUDING ANY LOST REVENUE OR PROFITS, BUSINESS INTERRUPTION OR DAMAGE TO BUSINESS REPUTATION, REGARDLESS OF THE THEORY UPON WHICH ANY CLAIM MAY BE BASED, INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, LOSS TORT, BREACH OF ANTICIPATED PROFITSCONTRACT, LOSS BREACH OF USEWARRANTY, LOSS NEGLIGENCE, PRODUCT LIABILITY OR ANY STATUTORY CAUSE OF REVENUE, COST OF CAPITAL, FINES, PENALTIES AND THE LIKE, ENVIRONMENTAL LIABILITY AND DAMAGE, INJURY OR LOSS TO OTHER PROPERTY OR EQUIPMENT OR FOR PERSONAL INJURIES TO SELLER’S EMPLOYEES OR THIRD PARTIES. CLAIMS MUST BE MADE TO BUYER WITHIN A PERIOD OF TWELVE (12) MONTHS FROM THE DATE OF THE OCCURRENCE OF THE EVENT GIVING RISE TO THE DAMAGE, OR THE CLAIM IS FORFEITEDACTION.

Limitation of Buyer’s Liability. 13.1 IN NO EVENT, REGARDLESS OF THE FORM OF THE CAUSE OF ACTION, THE CLAIMS ASSERTED, OR THE PERSON ASSERTING SUCH CLAIMS, SHALL BUYER’S LIABILITY IN THE AGGREGATE FOR ALL SUCH MATTERS, EXCEED THE PRICE PAID OR PAYABLE BY BUYER UNDER THE ORDERAPPLICABLE PURCHASE ORDER AND THESE TERMS IN THE SIX MONTH PERIOD PRECEDING SUCH CLAIM, AND SELLER WAIVES ANY CLAIM TO ANY OTHER DAMAGES OR REMEDIES UNDER ANY CAUSE OF ACTION. XXXXXX AGREES THAT BUYER SHALL NOT BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF ANTICIPATED PROFITS, LOSS OF USE, LOSS OF REVENUE, COST OF CAPITAL, FINES, PENALTIES AND THE LIKE, ENVIRONMENTAL LIABILITY AND DAMAGE, INJURY OR LOSS TO OTHER PROPERTY OR EQUIPMENT OR FOR PERSONAL INJURIES TO SELLER’S EMPLOYEES OR THIRD PARTIES. CLAIMS MUST BE MADE TO BUYER WITHIN A PERIOD OF TWELVE (12) MONTHS FROM THE DATE OF THE OCCURRENCE OF THE EVENT GIVING RISE TO THE DAMAGE, OR THE CLAIM IS FORFEITED.