Common use of Limitation of liability 29 Clause in Contracts

Limitation of liability 29. 1 Except in cases of criminal negligence or wilful misconduct, and in the case of infringement pursuant to Clause 6; (a) the provider shall not be liable to the purchaser, whether in contract, tort, or otherwise, for any indirect or consequential loss or damage, loss of use, loss of production, or loss of profits or interest costs, provided that this exclusion shall not apply to any obligation of the provider to pay penalties and/or damages to the purchaser; and (b) the aggregate liability of the provider to the purchaser, whether under the contract, in tort or otherwise, shall not exceed the total contract price, provided that this limitation shall not apply to the cost of repairing or replacing defective equipment.

Limitation of liability 29. 1 Except in cases of criminal negligence or wilful willful misconduct, and in the case of infringement pursuant to Clause 6; , (a) the provider Supplier shall not be liable to the purchaserPurchaser, whether in contract, tort, or otherwise, for any indirect or consequential loss or damage, loss of use, loss of production, or loss of profits or interest costs, provided that this exclusion shall not apply to any obligation of the provider Supplier to pay penalties and/or liquidated damages to the purchaser; Purchaser and (b) the aggregate liability of the provider Supplier to the purchaserPurchaser, whether under the contractContract, in tort or otherwise, shall not exceed the total contract priceContract Price, provided that this limitation shall not apply to the cost of repairing or replacing defective equipment.