Common use of Limitation of Liability and Indemnities Clause in Contracts

Limitation of Liability and Indemnities. 10.1 Notwithstanding anything to the contrary contain in this Agreement, the Customer shall have no claim against FFB for any loss or damages, of any nature, occasioned by any defect in any Product supplied, or any failure to provide adequate instructions in respect of any hazards that might arise from the use or incorrect use of the Product, save to the extent that FFB is necessarily liable for such loss or damages in terms of Section 61 of the CPA, as applicable to both Exempt and Non-Exempt Customers, or any other provision of the CPA as applicable to Non-Exempt Customers. 10.2 FFB shall not be liable for any damages to Product caused by improper or inadequate storage, improper handling, tampering with such Product by parties not authorised thereto by FFB; any negligence of the Customer or a third party in the use and/or storage of the Product; and/or the use of the Product by the Customer or any third party in applications for which they are not recommended or intended; save to the extent that FFB is necessarily liable for such loss or damage in terms of the CPA to the extent that it is applicable. The Customer hereby indemnifies and holds FFB harmless to the full extent allowed in law against all or any claims by any person for any damages, real or alleged, as contemplated in this clause 10.2, save where the Customer is a Non-Exempt Customer and where such liability is incurred by FFB to third parties as contemplated in Regulation 44(3)(e) of the CPA. 10.3 To the fullest extent possible in law, FFB shall not, under any circumstances, be liable for any indirect or consequential losses or damages suffered by the Customer in the purchase, storage, sale, distribution or use of the Product, subject to Section 61 of the CPA as applicable to both Exempt and Non-Exempt Customers, or any other provision of the CPA as applicable to Non-Exempt Customers. 10.4 The Parties agree that notwithstanding anything to the contrary contained in the Agreement, the total cumulative amount of any and all claims, which the Customer may have against FFB arising out of this Agreement shall be limited to an amount not exceeding twice the amount of the Credit Limit granted to the Customer by FFB from time to time except to the extent that such limitation may be construed as unlawfully infringing Section 61 of the CPA as applicable to both Exempt and Non-Exempt Customers, or any other provision of the CPA as applicable to Non-Exempt Customers or any other law in the Republic of South Africa. 10.5 Subject to the provisions of the CPA to the extent that it applies, in addition to any other indemnities provided by the Customer in favour of FFB in terms of this Agreement, the Customer hereby indemnifies and holds FFB harmless against any loss and/or claim for damages howsoever arising (including consequential damages and claims by third parties) that the Customer or any third party may suffer as a result of the Customer breaching any of the provisions of this Agreement and/ or as a result of the Customer’s fraud or wilful default or negligence. 10.6 In each instance that any losses or damages may be claimed by the Customer in terms of this Agreement or in law, the Customer shall bear the onus of proving both liability and quantum in respect of any such losses or damages, except to the extent that same is contrary to the common law, the CPA or any other statute in force. 10.7 The Customer shall notify FFB of any claim, which it may have against FFB arising out of this Agreement, as soon as it would be reasonably possible for the Customer to do so, acting diligently and with all possible expedition. 10.8 In addition to the other indemnities given in terms of this Agreement, subject to the provisions of the CPA to the extent that it is applicable, the Customer indemnifies and holds FFB harmless against all direct claims, losses, damages, costs, charges, liabilities, penalties, interest, fines and expenses of whatsoever nature (including legal and other professional charges and expenses on an attorney and client scale), suffered or incurred by FFB under contract (including but not limited as a result of the Customer’s breach of its obligations in terms of this Agreement) or delict; or any negligent, fraudulent or wrongful act or omission by the Customer (including any other party that the Customer would be vicariously liable for in law in relation to this Agreement); except to the extent that the loss, damage, liability, cost or expense is directly attributable to the fraud or wilful default or negligence of FFB.

Limitation of Liability and Indemnities. 10.1 Except as expressly provided in this Agreement, there are no representations or warranties, express or implied, statutory or otherwise, relating to the Product, including, without limitation, any implied warranty of merchantability or fitness for any particular purpose. The parties hereby expressly exclude the application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Law on the Sale of Goods and the Uniform Law on the Formation of Contracts for the International Sale of Goods. DISTRIBUTOR assumes all risk and liability for any loss, damage or injury resulting from the sale and use of the Product, either alone or in combination with other products. DISTRIBUTOR hereby agrees to defend, indemnify and hold harmless OWNER against any liability, losses, damages or costs (including any legal costs) incurred or suffered by OWNER as a result of any breach, negligent act or omission or wilful default on the part of DISTRIBUTOR, or its Representatives arising either directly or indirectly from the performance (or non-performance) by DISTRIBUTOR or any of its Representatives of any obligations under this Agreement. OWNER shall not be liable to the DISTRIBUTOR for any special, indirect, consequential, punitive or exemplary damages, including for greater certainty any damages on account of the loss of prospective profits on anticipated sales or on account of expenditures, investments, leases or commitments in connection with the business. Notwithstanding anything to the contrary contain in this Agreementherein, the Customer shall have no claim against FFB for if OWNER notifies DISTRIBUTOR that any loss or damages, of any nature, occasioned by any defect in any Product supplied, or any failure to provide adequate instructions in respect of any hazards that might arise from the use or incorrect use of the Product, save to the extent that FFB is necessarily liable for such loss or damages in terms of Section 61 of the CPA, as applicable to both Exempt and Non-Exempt Customers, or any other provision of the CPA as applicable to Non-Exempt Customers. 10.2 FFB shall not be liable for any damages to Product caused by improper or inadequate storage, improper handling, tampering with such Product by parties not authorised thereto by FFB; any negligence of the Customer or a third party in the use and/or storage of the Product; and/or the use of the Product by needs to be recalled or otherwise withdrawn from the Customer market, and DISTRIBUTOR refuses or any third party otherwise fails to do so in applications for which they are not recommended or intended; save a timely fashion, DISTRIBUTOR agrees to the extent that FFB is necessarily liable for such loss or damage in terms of the CPA to the extent that it is applicable. The Customer hereby indemnifies indemnify OWNER, its affiliates, and holds FFB harmless to the full extent allowed in law their respective officers, directors, employees, agents and shareholders, from and against all or any claims by any person for any damages, real or alleged, as contemplated in this clause 10.2, save where the Customer is a Non-Exempt Customer and where such liability is incurred by FFB to third parties as contemplated in Regulation 44(3)(e) of the CPA. 10.3 To the fullest extent possible in law, FFB shall not, under any circumstances, be liable for any indirect or consequential losses or damages suffered by the Customer in the purchase, storage, sale, distribution or use of the Product, subject to Section 61 of the CPA as applicable to both Exempt and Non-Exempt Customers, or any other provision of the CPA as applicable to Non-Exempt Customers. 10.4 The Parties agree that notwithstanding anything to the contrary contained in the Agreement, the total cumulative amount of any and all claimsliability, which loses, damages or costs, including legal costs, incurred or suffered by OWNER as a result of any such failure or refusal. No failure or omission by OWNER or DISTRIBUTOR in the Customer may have against FFB arising out performance of any obligation under this Agreement shall be limited to an amount not exceeding twice the amount of the Credit Limit granted to the Customer by FFB from time to time except to the extent that such limitation may be construed as unlawfully infringing Section 61 of the CPA as applicable to both Exempt and Non-Exempt Customers, or any other provision of the CPA as applicable to Non-Exempt Customers or any other law in the Republic of South Africa. 10.5 Subject to the provisions of the CPA to the extent that it applies, in addition to any other indemnities provided by the Customer in favour of FFB in terms of this Agreement, the Customer hereby indemnifies and holds FFB harmless against any loss and/or claim for damages howsoever arising (including consequential damages and claims by third parties) that the Customer or any third party may suffer as deemed a result of the Customer breaching any of the provisions of this Agreement and/ or as a result of the Customer’s fraud or wilful default or negligence. 10.6 In each instance that any losses or damages may be claimed by the Customer in terms breach of this Agreement or in lawcreate any liability if the same arises on account of force majeure, which term shall include any event or cause beyond the Customer shall bear control of OWNER or DISTRIBUTOR, as the onus case may be, including but not restricted to acts of proving both liability and quantum in respect God, acts or omissions of any government, or agency thereof, rebellion, insurrection, riot, sabotage, invasion, quarantine, restrictions, strike, lock out and transportation embargoes, provided that the party relying on this Section shall forthwith after any such losses or damages, except to the extent that same is contrary to the common law, the CPA or any other statute in force. 10.7 The Customer shall notify FFB of any claim, which it may have against FFB arising out of this Agreement, as soon as it would be reasonably possible for the Customer to do so, acting diligently and with all possible expedition. 10.8 In addition event give written notice to the other indemnities given in terms party of its inability to perform such obligation and the reasons therefore. If force majeure continues for a period of more than three (3) months, without the parties hereto being able to develop an alternative satisfactory arrangement, then either party has the option of immediately terminating this Agreement, subject to the provisions of the CPA to the extent that it is applicable, the Customer indemnifies and holds FFB harmless against all direct claims, losses, damages, costs, charges, liabilities, penalties, interest, fines and expenses of whatsoever nature (including legal and other professional charges and expenses on an attorney and client scale), suffered or incurred by FFB under contract (including but not limited as a result of the Customer’s breach of its obligations in terms of this Agreement) or delict; or any negligent, fraudulent or wrongful act or omission by the Customer (including any other party that the Customer would be vicariously liable for in law in relation to this Agreement); except to the extent that the loss, damage, liability, cost or expense is directly attributable to the fraud or wilful default or negligence of FFB.

Limitation of Liability and Indemnities. 10.1 16.1 Except as expressly provided in this Agreement, there are no representations or warranties, express or implied, statutory or otherwise, relating to the Product, including, without limitation, any implied warranty of merchantability or fitness for any particular purpose. The parties hereby expressly exclude the application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Law on the Sale of Goods and the Uniform Law on the Formation of Contracts for the International Sale of Goods. DISTRIBUTOR assumes all risk and liability for any loss, damage or injury resulting from the sale and use of the Product, either alone or in combination with other products. 16.2 DISTRIBUTOR hereby agrees to defend, indemnify and hold harmless OWNER against any liability, losses, damages or costs (including any legal costs) incurred or suffered by OWNER as a result of any breach, negligent act or omission or wilful default on the part of DISTRIBUTOR, or its Representatives arising either directly or indirectly from the performance (or non-performance) by DISTRIBUTOR or any of its Representatives of any obligations under this Agreement. 16.3 OWNER shall not be liable to the DISTRIBUTOR for any special, indirect, consequential, punitive or exemplary damages, including for greater certainty any damages on account of the loss of prospective profits on anticipated sales or on account of expenditures, investments, leases or commitments in connection with the business. 16.4 Notwithstanding anything to the contrary contain in this Agreementherein, the Customer shall have no claim against FFB for if OWNER notifies DISTRIBUTOR that any loss or damages, of any nature, occasioned by any defect in any Product supplied, or any failure to provide adequate instructions in respect of any hazards that might arise from the use or incorrect use of the Product, save to the extent that FFB is necessarily liable for such loss or damages in terms of Section 61 of the CPA, as applicable to both Exempt and Non-Exempt Customers, or any other provision of the CPA as applicable to Non-Exempt Customers. 10.2 FFB shall not be liable for any damages to Product caused by improper or inadequate storage, improper handling, tampering with such Product by parties not authorised thereto by FFB; any negligence of the Customer or a third party in the use and/or storage of the Product; and/or the use of the Product by needs to be recalled or otherwise withdrawn from the Customer market, and DISTRIBUTOR refuses or any third party otherwise fails to do so in applications for which they are not recommended or intended; save a timely fashion, DISTRIBUTOR agrees to the extent that FFB is necessarily liable for such loss or damage in terms of the CPA to the extent that it is applicable. The Customer hereby indemnifies indemnify OWNER, its affiliates, and holds FFB harmless to the full extent allowed in law their respective officers, directors, employees, agents and shareholders, from and against all or any claims by any person for any damages, real or alleged, as contemplated in this clause 10.2, save where the Customer is a Non-Exempt Customer and where such liability is incurred by FFB to third parties as contemplated in Regulation 44(3)(e) of the CPA. 10.3 To the fullest extent possible in law, FFB shall not, under any circumstances, be liable for any indirect or consequential losses or damages suffered by the Customer in the purchase, storage, sale, distribution or use of the Product, subject to Section 61 of the CPA as applicable to both Exempt and Non-Exempt Customers, or any other provision of the CPA as applicable to Non-Exempt Customers. 10.4 The Parties agree that notwithstanding anything to the contrary contained in the Agreement, the total cumulative amount of any and all claimsliability, which the Customer may have against FFB arising out of this Agreement shall be limited to an amount not exceeding twice the amount of the Credit Limit granted to the Customer loses, damages or costs, including legal costs, incurred or suffered by FFB from time to time except to the extent that such limitation may be construed as unlawfully infringing Section 61 of the CPA as applicable to both Exempt and Non-Exempt Customers, or any other provision of the CPA as applicable to Non-Exempt Customers or any other law in the Republic of South Africa. 10.5 Subject to the provisions of the CPA to the extent that it applies, in addition to any other indemnities provided by the Customer in favour of FFB in terms of this Agreement, the Customer hereby indemnifies and holds FFB harmless against any loss and/or claim for damages howsoever arising (including consequential damages and claims by third parties) that the Customer or any third party may suffer OWNER as a result of the Customer breaching any of the provisions of this Agreement and/ or as a result of the Customer’s fraud or wilful default or negligence. 10.6 In each instance that any losses or damages may be claimed by the Customer in terms of this Agreement or in law, the Customer shall bear the onus of proving both liability and quantum in respect of any such losses failure or damages, except to the extent that same is contrary to the common law, the CPA or any other statute in forcerefusal. 10.7 The Customer shall notify FFB of any claim, which it may have against FFB arising out of this Agreement, as soon as it would be reasonably possible for the Customer to do so, acting diligently and with all possible expedition. 10.8 In addition to the other indemnities given in terms of this Agreement, subject to the provisions of the CPA to the extent that it is applicable, the Customer indemnifies and holds FFB harmless against all direct claims, losses, damages, costs, charges, liabilities, penalties, interest, fines and expenses of whatsoever nature (including legal and other professional charges and expenses on an attorney and client scale), suffered or incurred by FFB under contract (including but not limited as a result of the Customer’s breach of its obligations in terms of this Agreement) or delict; or any negligent, fraudulent or wrongful act or omission by the Customer (including any other party that the Customer would be vicariously liable for in law in relation to this Agreement); except to the extent that the loss, damage, liability, cost or expense is directly attributable to the fraud or wilful default or negligence of FFB.

Limitation of Liability and Indemnities. 10.1 16.1 Except as expressly provided in this Agreement, there are no representations or warranties, express or implied, statutory or otherwise, relating to the Product, including, without limitation, any implied warranty of merchantability or fitness for any particular purpose. The parties hereby expressly exclude the application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Law on the Sale of Goods and the Uniform Law on the Formation of Contracts for the International Sale of Goods. DISTRIBUTOR assumes all risk and liability for any loss, damage or injury resulting from the sale and use of the Product, either alone or in combination with other products. 16.2 DISTRIBUTOR hereby agrees to defend, indemnify and hold harmless OWNER against any liability, losses, damages or costs (including any legal costs) incurred or suffered by OWNER as a result of any breach, negligent act or omission or wilful default on the part of DISTRIBUTOR, or its Representatives arising either directly or indirectly from the performance (or non-performance) by DISTRIBUTOR or any of its Representatives of any obligations under this Agreement. 16.3 OWNER shall not be liable to the DISTRIBUTOR for any special, indirect, consequential, punitive or exemplary damages, including for greater certainty any damages on account of the loss of prospective profits on anticipated sales or on account of expenditures, investments, leases or commitments in connection with the business. 16.4 Notwithstanding anything to the contrary contain in this Agreementherein, the Customer shall have no claim against FFB for if OWNER notifies DISTRIBUTOR that any loss or damages, of any nature, occasioned by any defect in any Product supplied, or any failure to provide adequate instructions in respect of any hazards that might arise from the use or incorrect use of the Product, save to the extent that FFB is necessarily liable for such loss or damages in terms of Section 61 of the CPA, as applicable to both Exempt and Non-Exempt Customers, or any other provision of the CPA as applicable to Non-Exempt Customers. 10.2 FFB shall not be liable for any damages to Product caused by improper or inadequate storage, improper handling, tampering with such Product by parties not authorised thereto by FFB; any negligence of the Customer or a third party in the use and/or storage of the Product; and/or the use of the Product by needs to be recalled or otherwise withdrawn from the Customer market, and DISTRIBUTOR refuses or any third party otherwise fails to do so in applications for which they are not recommended or intended; save a timely fashion, DISTRIBUTOR agrees to the extent that FFB is necessarily liable for such loss or damage in terms of the CPA to the extent that it is applicable. The Customer hereby indemnifies indemnify OWNER, its affiliates, and holds FFB harmless to the full extent allowed in law their respective officers, directors, employees, agents and shareholders, from and against all or any claims by any person for any damages, real or alleged, as contemplated in this clause 10.2, save where the Customer is a Non-Exempt Customer and where such liability is incurred by FFB to third parties as contemplated in Regulation 44(3)(e) of the CPA. 10.3 To the fullest extent possible in law, FFB shall not, under any circumstances, be liable for any indirect or consequential losses or damages suffered by the Customer in the purchase, storage, sale, distribution or use of the Product, subject to Section 61 of the CPA as applicable to both Exempt and Non-Exempt Customers, or any other provision of the CPA as applicable to Non-Exempt Customers. 10.4 The Parties agree that notwithstanding anything to the contrary contained in the Agreement, the total cumulative amount of any and all claimsliability, which loses, damages or costs, including legal costs, incurred or suffered by OWNER as a result of any such failure or refusal. ARTICLE XVII – FORCE MAJEURE 17.1 No failure or omission by OWNER or DISTRIBUTOR in the Customer may have against FFB arising out performance of any obligation under this Agreement shall be limited to an amount not exceeding twice the amount of the Credit Limit granted to the Customer by FFB from time to time except to the extent that such limitation may be construed as unlawfully infringing Section 61 of the CPA as applicable to both Exempt and Non-Exempt Customers, or any other provision of the CPA as applicable to Non-Exempt Customers or any other law in the Republic of South Africa. 10.5 Subject to the provisions of the CPA to the extent that it applies, in addition to any other indemnities provided by the Customer in favour of FFB in terms of this Agreement, the Customer hereby indemnifies and holds FFB harmless against any loss and/or claim for damages howsoever arising (including consequential damages and claims by third parties) that the Customer or any third party may suffer as deemed a result of the Customer breaching any of the provisions of this Agreement and/ or as a result of the Customer’s fraud or wilful default or negligence. 10.6 In each instance that any losses or damages may be claimed by the Customer in terms breach of this Agreement or in lawcreate any liability if the same arises on account of force majeure, which term shall include any event or cause beyond the Customer shall bear control of OWNER or DISTRIBUTOR, as the onus case may be, including but not restricted to acts of proving both liability and quantum in respect God, acts or omissions of any government, or agency thereof, rebellion, insurrection, riot, sabotage, invasion, quarantine, restrictions, strike, lock out and transportation embargoes, provided that the party relying on this Section shall forthwith after any such losses or damages, except to the extent that same is contrary to the common law, the CPA or any other statute in force. 10.7 The Customer shall notify FFB of any claim, which it may have against FFB arising out of this Agreement, as soon as it would be reasonably possible for the Customer to do so, acting diligently and with all possible expedition. 10.8 In addition event give written notice to the other indemnities given in terms party of its inability to perform such obligation and the reasons therefore. If force majeure continues for a period of more than three (3) months, without the parties hereto being able to develop an alternative satisfactory arrangement, then either party has the option of immediately terminating this Agreement, subject to the provisions of the CPA to the extent that it is applicable, the Customer indemnifies and holds FFB harmless against all direct claims, losses, damages, costs, charges, liabilities, penalties, interest, fines and expenses of whatsoever nature (including legal and other professional charges and expenses on an attorney and client scale), suffered or incurred by FFB under contract (including but not limited as a result of the Customer’s breach of its obligations in terms of this Agreement) or delict; or any negligent, fraudulent or wrongful act or omission by the Customer (including any other party that the Customer would be vicariously liable for in law in relation to this Agreement); except to the extent that the loss, damage, liability, cost or expense is directly attributable to the fraud or wilful default or negligence of FFB.

Limitation of Liability and Indemnities. 10.1 Except as expressly provided in this Agreement, there are no representations or warranties, express or implied, statutory or otherwise, relating to the Product, including, without limitation, any implied warranty of merchantability or fitness for any particular purpose. The parties hereby expressly exclude the application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Law on the Sale of Goods and the Uniform Law on the Formation of Contracts for the International Sale of Goods. DISTRIBUTOR assumes all risk and liability for any loss, damage or injury resulting from the sale and use of the Product, either alone or in combination with other products. DISTRIBUTOR hereby agrees to defend, indemnify and hold harmless WOLF GUARD against any liability, losses, damages or costs (including any legal costs) incurred or suffered by WOLF GUARD as a result of any breach, negligent act or omission or wilful default on the part of DISTRIBUTOR, or its Representatives arising either directly or indirectly from the performance (or non-performance) by DISTRIBUTOR or any of its Representatives of any obligations under this Agreement. WOLF GUARD shall not be liable to the DISTRIBUTOR for any special, indirect, consequential, punitive or exemplary damages, including for greater certainty any damages on account of the loss of prospective profits on anticipated sales or on account of expenditures, investments, leases or commitments in connection with the business. Notwithstanding anything to the contrary contain in this Agreementherein, the Customer shall have no claim against FFB for if WOLF GUARD notifies DISTRIBUTOR that any loss or damages, of any nature, occasioned by any defect in any Product supplied, or any failure to provide adequate instructions in respect of any hazards that might arise from the use or incorrect use of the Product, save to the extent that FFB is necessarily liable for such loss or damages in terms of Section 61 of the CPA, as applicable to both Exempt and Non-Exempt Customers, or any other provision of the CPA as applicable to Non-Exempt Customers. 10.2 FFB shall not be liable for any damages to Product caused by improper or inadequate storage, improper handling, tampering with such Product by parties not authorised thereto by FFB; any negligence of the Customer or a third party in the use and/or storage of the Product; and/or the use of the Product by needs to be recalled or otherwise withdrawn from the Customer market, and DISTRIBUTOR refuses or any third party otherwise fails to do so in applications for which they are not recommended or intended; save a timely fashion, DISTRIBUTOR agrees to the extent that FFB is necessarily liable for such loss or damage in terms of the CPA to the extent that it is applicable. The Customer hereby indemnifies indemnify WG, its affiliates, and holds FFB harmless to the full extent allowed in law their respective officers, directors, employees, agents and shareholders, from and against all or any claims by any person for any damages, real or alleged, as contemplated in this clause 10.2, save where the Customer is a Non-Exempt Customer and where such liability is incurred by FFB to third parties as contemplated in Regulation 44(3)(e) of the CPA. 10.3 To the fullest extent possible in law, FFB shall not, under any circumstances, be liable for any indirect or consequential losses or damages suffered by the Customer in the purchase, storage, sale, distribution or use of the Product, subject to Section 61 of the CPA as applicable to both Exempt and Non-Exempt Customers, or any other provision of the CPA as applicable to Non-Exempt Customers. 10.4 The Parties agree that notwithstanding anything to the contrary contained in the Agreement, the total cumulative amount of any and all claimsliability, which loses, damages or costs, including legal costs, incurred or suffered by WOLF GUARD as a result of any such failure or refusal. No failure or omission by WOLF GUARD or DISTRIBUTOR in the Customer may have against FFB arising out performance of any obligation under this Agreement shall be limited to an amount not exceeding twice the amount of the Credit Limit granted to the Customer by FFB from time to time except to the extent that such limitation may be construed as unlawfully infringing Section 61 of the CPA as applicable to both Exempt and Non-Exempt Customers, or any other provision of the CPA as applicable to Non-Exempt Customers or any other law in the Republic of South Africa. 10.5 Subject to the provisions of the CPA to the extent that it applies, in addition to any other indemnities provided by the Customer in favour of FFB in terms of this Agreement, the Customer hereby indemnifies and holds FFB harmless against any loss and/or claim for damages howsoever arising (including consequential damages and claims by third parties) that the Customer or any third party may suffer as deemed a result of the Customer breaching any of the provisions of this Agreement and/ or as a result of the Customer’s fraud or wilful default or negligence. 10.6 In each instance that any losses or damages may be claimed by the Customer in terms breach of this Agreement or in lawcreate any liability if the same arises on account of force majeure, which term shall include any event or cause beyond the Customer shall bear control of WOLF GUARD or DISTRIBUTOR, as the onus case may be, including but not restricted to acts of proving both liability and quantum in respect God, acts or omissions of any government, or agency thereof, rebellion, insurrection, riot, sabotage, invasion, quarantine, restrictions, strike, lock out and transportation embargoes, provided that the party relying on this Section shall forthwith after any such losses or damages, except to the extent that same is contrary to the common law, the CPA or any other statute in force. 10.7 The Customer shall notify FFB of any claim, which it may have against FFB arising out of this Agreement, as soon as it would be reasonably possible for the Customer to do so, acting diligently and with all possible expedition. 10.8 In addition event give written notice to the other indemnities given in terms party of its inability to perform such obligation and the reasons therefore. If force majeure continues for a period of more than three (3) months, without the parties hereto being able to develop an alternative satisfactory arrangement, then either party has the option of immediately terminating this Agreement, subject to the provisions of the CPA to the extent that it is applicable, the Customer indemnifies and holds FFB harmless against all direct claims, losses, damages, costs, charges, liabilities, penalties, interest, fines and expenses of whatsoever nature (including legal and other professional charges and expenses on an attorney and client scale), suffered or incurred by FFB under contract (including but not limited as a result of the Customer’s breach of its obligations in terms of this Agreement) or delict; or any negligent, fraudulent or wrongful act or omission by the Customer (including any other party that the Customer would be vicariously liable for in law in relation to this Agreement); except to the extent that the loss, damage, liability, cost or expense is directly attributable to the fraud or wilful default or negligence of FFB.

Limitation of Liability and Indemnities. 10.1 Except as expressly provided in this Agreement, there are no representations or warranties, express or implied, statutory or otherwise, relating to the Product, including, without limitation, any implied warranty of merchantability or fitness for any particular purpose. SUPER STOCKIST assumes all risk and liability for any loss, damage or injury resulting from the sale and use of the Product, either alone or in combination with other products. SUPER STOCKIST hereby agrees to defend, indemnify and hold harmless NAFED against any liability, losses, damages or costs (including any legal costs) incurred or suffered by NAFED as a result of any breach, negligent act or omission or wilful default on the part of SUPER STOCKIST, or its Representatives arising either directly or indirectly from the performance (or non-performance) by SUPER STOCKIST or any of its Representatives of any obligations under this Agreement. NAFED shall not be liable to the SUPER STOCKIST for any special, indirect, consequential, punitive or exemplary damages, including for greater certainty any damages on account of the loss of prospective profits on anticipated sales or on account of expenditures, investments, leases or commitments in connection with the business. Notwithstanding anything to the contrary contain in this Agreementherein, the Customer shall have no claim against FFB for if NAFED notifies SUPER STOCKIST that any loss or damages, of any nature, occasioned by any defect in any Product supplied, or any failure to provide adequate instructions in respect of any hazards that might arise from the use or incorrect use of the Product, save to the extent that FFB is necessarily liable for such loss or damages in terms of Section 61 of the CPA, as applicable to both Exempt and Non-Exempt Customers, or any other provision of the CPA as applicable to Non-Exempt Customers. 10.2 FFB shall not be liable for any damages to Product caused by improper or inadequate storage, improper handling, tampering with such Product by parties not authorised thereto by FFB; any negligence of the Customer or a third party in the use and/or storage of the Product; and/or the use of the Product by needs to be recalled or otherwise withdrawn from the Customer market, and SUPER STOCKIST refuses or any third party otherwise fails to do so in applications for which they are not recommended or intended; save a timely fashion, SUPER STOCKIST agrees to the extent that FFB is necessarily liable for such loss or damage in terms of the CPA to the extent that it is applicable. The Customer hereby indemnifies indemnify NAFED, its affiliates, and holds FFB harmless to the full extent allowed in law their respective officers, directors, employees, agents and shareholders, from and against all or any claims by any person for any damages, real or alleged, as contemplated in this clause 10.2, save where the Customer is a Non-Exempt Customer and where such liability is incurred by FFB to third parties as contemplated in Regulation 44(3)(e) of the CPA. 10.3 To the fullest extent possible in law, FFB shall not, under any circumstances, be liable for any indirect or consequential losses or damages suffered by the Customer in the purchase, storage, sale, distribution or use of the Product, subject to Section 61 of the CPA as applicable to both Exempt and Non-Exempt Customers, or any other provision of the CPA as applicable to Non-Exempt Customers. 10.4 The Parties agree that notwithstanding anything to the contrary contained in the Agreement, the total cumulative amount of any and all claimsliability, which loses, damages or costs, including legal costs, incurred or suffered by NAFED as a result of any such failure or refusal. No failure or omission by NAFED or SUPER STOCKIST in the Customer may have against FFB arising out performance of any obligation under this Agreement shall be limited to an amount not exceeding twice the amount of the Credit Limit granted to the Customer by FFB from time to time except to the extent that such limitation may be construed as unlawfully infringing Section 61 of the CPA as applicable to both Exempt and Non-Exempt Customers, or any other provision of the CPA as applicable to Non-Exempt Customers or any other law in the Republic of South Africa. 10.5 Subject to the provisions of the CPA to the extent that it applies, in addition to any other indemnities provided by the Customer in favour of FFB in terms of this Agreement, the Customer hereby indemnifies and holds FFB harmless against any loss and/or claim for damages howsoever arising (including consequential damages and claims by third parties) that the Customer or any third party may suffer as deemed a result of the Customer breaching any of the provisions of this Agreement and/ or as a result of the Customer’s fraud or wilful default or negligence. 10.6 In each instance that any losses or damages may be claimed by the Customer in terms breach of this Agreement or in lawcreate any liability if the same arises on account of force majeure, which term shall include any event or cause beyond the Customer shall bear control of NAFED or SUPER STOCKIST, as the onus case may be, including but not restricted to acts of proving both liability and quantum in respect God, acts or omissions of any government, or agency thereof, rebellion, insurrection, riot, sabotage, invasion, quarantine, restrictions, strike, lock out and transportation embargoes, provided that the party relying on this Section shall forthwith after any such losses or damages, except to the extent that same is contrary to the common law, the CPA or any other statute in force. 10.7 The Customer shall notify FFB of any claim, which it may have against FFB arising out of this Agreement, as soon as it would be reasonably possible for the Customer to do so, acting diligently and with all possible expedition. 10.8 In addition event give written notice to the other indemnities given in terms party of its inability to perform such obligation and the reasons therefore. If force majeure continues for a period of more than three (3) months, without the parties hereto being able to develop an alternative satisfactory arrangement, then either party has the option of immediately terminating this Agreement, subject to the provisions of the CPA to the extent that it is applicable, the Customer indemnifies and holds FFB harmless against all direct claims, losses, damages, costs, charges, liabilities, penalties, interest, fines and expenses of whatsoever nature (including legal and other professional charges and expenses on an attorney and client scale), suffered or incurred by FFB under contract (including but not limited as a result of the Customer’s breach of its obligations in terms of this Agreement) or delict; or any negligent, fraudulent or wrongful act or omission by the Customer (including any other party that the Customer would be vicariously liable for in law in relation to this Agreement); except to the extent that the loss, damage, liability, cost or expense is directly attributable to the fraud or wilful default or negligence of FFB.

Limitation of Liability and Indemnities. 10.1 Notwithstanding anything To the extent permitted by law, the Company, its servants and agents shall not be responsible for loss or damage of any kind whatsoever arising out of provision of the Services (whether caused by negligence or wilful default by the Company, its servants or agents), including but not limited to: any liability to pay Customs Duty that would not have otherwise been payable or any Government imposed Penalties; any liability concerning the making of any statement, forecast, information or giving advice in relation to the contrary contain liability of the Customer to pay Customs Duty or any Goods and Services Tax; and any liability in this Agreementrespect of the loss, misdelivery, deterioration, nondelivery, contamination, evaporation or damage to the Goods or consequential loss arising there from however caused; any loss or depreciation in the value of the Goods, or loss of contracts or sales, attributable to delay in forwarding the goods or failure to carry out instructions of the Customer; any loss, damage, expense or additional cost arising from or in any way connected with marks or brands on weight, numbers, content, quality, description of the Goods; any loss or damage resulting from fire, water, explosion or theft; any additional charges levied for wharfage, freight, railage, cartage, quarantine, storage or other usual third party services levied and which have not been brought to the Customer’s attention; and any loss or damage attributable to a claim that the Company could for whatever reason have carried out its services more economically. In the event that the Company, its servants or agents are found to be responsible for loss or damage of any kind, the maximum liability shall be the cost or value of re-supplying the Services. Without prejudice to the Company’s rights under clause 17 above, any claim for loss or damage must be notified in writing to the Company within 7 days of delivery of the Goods, or in the case of lost goods, within 7 days of the date upon which the Goods were expected to have been delivered. In any event, the Company shall be discharged from all liability whatsoever in connection with the Services and/or the Goods unless proceedings are served on the Company within 9 months from delivery or anticipated delivery of the Goods, as the case may be. The Company acts as a mere agent of the Customer and any liability to third parties incurred during the course of providing the Services shall be the responsibility of the Customer. The Customer agrees to indemnify the Company against losses or claims of any nature arising in connection with the Services provided by the Company, including (but not limited to) matters referred to in clauses 7(a) to (h) of these terms. Further, the Customer shall have no claim agrees to indemnify the Company, its servants and agents, against FFB for any loss the imposition of Customs Penalties resulting from reliance on incorrect information provided by the Customer, consignor or damages, consignee of any nature, occasioned by any defect in any Product suppliedthe goods, or any their respective agents. The Customer hereby acknowledges its unqualified responsibility for and assumes liability to pay charges levied for late return or failure to provide adequate instructions in respect of any hazards that might arise from return containers or damage to containers occurring after delivery to the use Customer or incorrect use at the Customer’s direction. The customer shall make payment to the Company of the Product, save to full extent of such charges within 7 days of notification by the extent that FFB is necessarily liable for such loss or damages in terms of Section 61 of Company and the CPA, as applicable to both Exempt and Non-Exempt Customers, or any other provision of the CPA as applicable to Non-Exempt Customers. 10.2 FFB Customer’s liability shall not be liable for capable of being set-off against claims against the Company nor shall this liability be affected by any damages to Product caused by improper or inadequate storage, improper handling, tampering with factors such Product by parties not authorised thereto by FFB; any negligence as the cause of the Customer or a third party in the use and/or storage of the Product; and/or the use of the Product by the Customer or any third party in applications for which they are not recommended or intended; save to the extent that FFB is necessarily liable for such delay, loss or damage in terms respect of the CPA containers to be returned, the extent that it is applicabletiming of notification by the Company or whether the Company has first paid the charges. The Customer hereby indemnifies agrees not to bring claims of any nature against the Company’s employees, agents, subcontractors acting or engaged in connection with the Services, and holds FFB harmless in the event of such claims being made: the employee, agent or subcontractor (as the case may be) shall have the benefit of any limitation or exclusion of liability prescribed by these terms; and The Customer undertakes to indemnify the full extent allowed in law Company against all any losses or claims made against the Company resulting from any claims by any person for any damages, real or alleged, as contemplated in this clause 10.2, save where the Customer is a Non-Exempt Customer and where such liability is incurred by FFB to third parties as contemplated in Regulation 44(3)(e) of the CPA. 10.3 To the fullest extent possible in law, FFB shall not, under any circumstances, be liable for any indirect or consequential losses or damages suffered made by the Customer in the purchaseagainst employees, storage, sale, distribution agents or use subcontractors of the Product, Company in connection with the Services. Company’s Lien Without prejudice to the rights of the Company at common law the Goods (and all documents relating thereto) which come into the possession or under the control of the Company shall be subject to Section 61 a special and general lien and pledge for monies due to the Company in respect of services and/or disbursements relating to the Goods, charges for loss, damage to or late return of Containers, and for any other indebtedness to the Company from whatever cause by the Customer, consignor, owner or consignee of the CPA as applicable to both Exempt and Non-Exempt Customers, or any other provision Goods. If such indebtedness is not paid in full by the respective debtor within fourteen days of receipt of notice from the Company that it intends disposing of the CPA as applicable goods, the Company may sell the Goods either by public auction or private treaty at its entire discretion and apply the net proceeds of sale to Non-Exempt Customers. 10.4 reduce or extinguish the Customer’s indebtedness and to cover costs associated with exercising the lien, including legal fees. General The Parties agree that notwithstanding anything following further interpretative provisions shall apply: This agreement and any collateral agreements made by the Company with the Customer wherever made shall be governed and construed according to the contrary contained in laws of the Agreement, the total cumulative amount State of any Victoria and all claims, which the Customer may have against FFB arising out of this Agreement shall be limited subject to an amount not exceeding twice the amount exclusive jurisdiction of the Credit Limit courts of the said State. All rights granted to the Company in this agreement shall continue to have their full force and effect in all circumstances notwithstanding any breach of any term or condition hereof or any collateral agreement by the Company. This agreement shall constitute the entire agreement between the Company and the Customer concerning a particular transaction and it shall supersede all prior agreements or understandings whether oral, in writing or implied. This agreement (or any part thereof) shall only be varied or waived in writing by FFB from time to time except to the extent that such limitation may be construed as unlawfully infringing Section 61 a duly authorised representative of the CPA as applicable Company. Where any provision (or part thereof) of this agreement is held by a court to both Exempt and Non-Exempt Customersbe unenforceable, it shall in no way affect or prejudice the enforceability of any other provision of the CPA as applicable to Non-Exempt Customers or any other law in the Republic of South Africa. 10.5 Subject to the provisions of the CPA to the extent that it applies, in addition to any other indemnities provided by the Customer in favour of FFB in terms of this Agreement, the Customer hereby indemnifies and holds FFB harmless against any loss and/or claim for damages howsoever arising (including consequential damages and claims by third parties) that the Customer or any third party may suffer as a result of the Customer breaching any of the provisions of this Agreement and/ or as a result of the Customer’s fraud or wilful default or negligence. 10.6 In each instance that any losses or damages may be claimed by the Customer in terms of this Agreement or in law, the Customer shall bear the onus of proving both liability and quantum in respect of any such losses provision (or damages, except to the extent that same is contrary to the common law, the CPA or any other statute in forcepart thereof). 10.7 The Customer shall notify FFB of any claim, which it may have against FFB arising out of this Agreement, as soon as it would be reasonably possible for the Customer to do so, acting diligently and with all possible expedition. 10.8 In addition to the other indemnities given in terms of this Agreement, subject to the provisions of the CPA to the extent that it is applicable, the Customer indemnifies and holds FFB harmless against all direct claims, losses, damages, costs, charges, liabilities, penalties, interest, fines and expenses of whatsoever nature (including legal and other professional charges and expenses on an attorney and client scale), suffered or incurred by FFB under contract (including but not limited as a result of the Customer’s breach of its obligations in terms of this Agreement) or delict; or any negligent, fraudulent or wrongful act or omission by the Customer (including any other party that the Customer would be vicariously liable for in law in relation to this Agreement); except to the extent that the loss, damage, liability, cost or expense is directly attributable to the fraud or wilful default or negligence of FFB.

Limitation of Liability and Indemnities. 10.1 Notwithstanding anything 25.1 To the extent permitted by Applicable Law and regardless of whether any remedy in this Agreement fails of its essential purpose or otherwise, Capitec or any of its, employees, agents, directors, officers, subcontractors, successors and assigns (“Indemnified Parties”) shall not be liable to the contrary contain in this Agreement, the Customer shall have no claim against FFB Merchant for any loss or damagesdirect, of any natureindirect, occasioned by any defect in any Product suppliedspecial, or any failure to provide adequate instructions in respect of any hazards that might arise from the use or incorrect use of the Product, save to the extent that FFB is necessarily liable for such loss or damages in terms of Section 61 of the CPA, as applicable to both Exempt and Non-Exempt Customersconsequential, or any other provision damages whatsoever, including without limitation, any property damage, loss of use, loss of business, economic loss, loss of data, or loss of profits, without regard to the form of action (including, but not limited to, contract, negligence, or other actions) arising out of or in connection with (a) this Agreement; or (b) the unauthorised access by any party to Capitec’s services and systems, including the Merchants Personal Information; even if any of the CPA as applicable to Non-Exempt Customers. 10.2 FFB shall not be liable for any damages to Product caused by improper or inadequate storage, improper handling, tampering with such Product by parties not authorised thereto by FFB; any negligence Indemnified Parties have been advised of the Customer or a third party in the use and/or storage possibility of the Product; and/or the use of the Product by the Customer or any third party in applications for which they are not recommended or intended; save to the extent that FFB is necessarily liable for such loss or damage in terms of the CPA to the extent that it is applicablethose damages. The Customer hereby indemnifies and holds FFB harmless to the full extent allowed in law against all or any claims by any person for any damages, real or alleged, as contemplated in this clause 10.2, save where the Customer is a Non-Exempt Customer and where such liability is incurred by FFB to third parties as contemplated in Regulation 44(3)(e) of the CPA. 10.3 To the fullest extent possible in law, FFB shall not, under any circumstances, be liable for any indirect or consequential losses or damages suffered by the Customer in the purchase, storage, sale, distribution or use of the Product, subject to Section 61 of the CPA as applicable to both Exempt and Non-Exempt Customers, or any other provision of the CPA as applicable to Non-Exempt Customers. 10.4 The Parties agree that notwithstanding anything to the contrary contained in the Agreement, the total cumulative amount of Merchant waives any and all claims, which the Customer may have against FFB arising out of this Agreement shall be limited to an amount not exceeding twice the amount of the Credit Limit granted to the Customer by FFB from time to time except to the extent now known or later discovered, that such limitation may be construed as unlawfully infringing Section 61 of the CPA as applicable to both Exempt and Non-Exempt Customers, or any other provision of the CPA as applicable to Non-Exempt Customers or any other law in the Republic of South Africa. 10.5 Subject to the provisions of the CPA to the extent that it applies, in addition to any other indemnities provided by the Customer in favour of FFB in terms of this Agreement, the Customer hereby indemnifies and holds FFB harmless against any loss and/or claim for damages howsoever arising (including consequential damages and claims by third parties) that the Customer or any third party may suffer as a result of the Customer breaching any of the provisions of this Agreement and/ or as a result of the Customer’s fraud or wilful default or negligence. 10.6 In each instance that any losses or damages may be claimed by the Customer in terms of this Agreement or in law, the Customer shall bear the onus of proving both liability and quantum in respect of any such losses or damages, except to the extent that same is contrary to the common law, the CPA or any other statute in force. 10.7 The Customer shall notify FFB of any claim, which it may have against FFB the Indemnified Parties arising out of this Agreement, as soon as it would be reasonably possible for its use of the Customer to do so, acting diligently and with all possible expeditionAcquiring Services. 10.8 In addition 25.2 The Merchant agrees to defend, indemnify and hold harmless the other indemnities given in terms of this Agreement, subject to the provisions of the CPA to the extent that it is applicable, the Customer indemnifies Indemnified Parties from and holds FFB harmless against and all direct claims, losses, damages, costs, charges, liabilities, penaltiesdamages (actual and consequential), interestLosses, fines and expenses of whatsoever nature (including legal and other professional charges and expenses on an attorney and client scale), suffered or incurred by FFB under contract (including but not limited as a result to legal and other professional fees) arising from or in any way related to: (a) the Merchant’s use of the Customer’s Acquiring Services, (b) the Merchants breach of its obligations in terms of this Agreement, (c) or delict; the Merchant or any negligentof its staff’s negligence, fraudulent fraud wilful misconduct; and (d) claims of intellectual property infringement, breach of privacy, or wrongful act or omission by violation of any Applicable Law. 25.3 You indemnify Capitec against: 25.3.1 any liability arising from any dispute the Merchant may have with a Customer in respect of any goods and/or services the Merchant sells the Customer (including using the Acquiring Service; 25.3.2 any other party that the claim by a Customer would be vicariously liable for in law in relation to this Agreement); except pertaining to the extent that Merchant’s use of the loss, damage, liability, cost or expense is directly attributable to the fraud or wilful default or negligence of FFB.Customers Personal Information;

Limitation of Liability and Indemnities. 10.1 16.1 Except as expressly provided in this Agreement, there are no representations or warranties, express or implied, statutory or otherwise, relating to the Product, including, without limitation, any implied warranty of merchantability or fitness for any particular purpose. The parties hereby expressly exclude the application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Law on the Sale of Goods and the Uniform Law on the Formation of Contracts for the International Sale of Goods. SPLASH assumes all risk and liability for any loss, damage or injury resulting from the sale and use of the Product, either alone or in combination with other products. 16.2 SPLASH hereby agrees to defend, indemnify and hold harmless BRAVO against any liability, losses, damages or costs (including any legal costs) incurred or suffered by BRAVO as a result of any breach, negligent act or omission or wilful default on the part of SPLASH, or its Representatives arising either directly or indirectly from the performance (or non-performance) by SPLASH or any of its Representatives of any obligations under this Agreement. 16.3 BRAVO shall not be liable to the SPLASH for any special, indirect, consequential, punitive or exemplary damages, including for greater certainty any damages on account of the loss of prospective profits on anticipated sales or on account of expenditures, investments, leases or commitments in connection with the business. 16.4 Notwithstanding anything to the contrary contain in this Agreementherein, the Customer shall have no claim against FFB for if BRAVO notifies SPLASH that any loss or damages, of any nature, occasioned by any defect in any Product supplied, or any failure to provide adequate instructions in respect of any hazards that might arise from the use or incorrect use of the Product, save to the extent that FFB is necessarily liable for such loss or damages in terms of Section 61 of the CPA, as applicable to both Exempt and Non-Exempt Customers, or any other provision of the CPA as applicable to Non-Exempt Customers. 10.2 FFB shall not be liable for any damages to Product caused by improper or inadequate storage, improper handling, tampering with such Product by parties not authorised thereto by FFB; any negligence of the Customer or a third party in the use and/or storage of the Product; and/or the use of the Product by needs to be recalled or otherwise withdrawn from the Customer market, and SPLASH refuses or any third party otherwise fails to do so in applications for which they are not recommended or intended; save a timely fashion, SPLASH agrees to the extent that FFB is necessarily liable for such loss or damage in terms of the CPA to the extent that it is applicable. The Customer hereby indemnifies indemnify BRAVO, its affiliates, and holds FFB harmless to the full extent allowed in law their respective officers, directors, employees, agents and shareholders, from and against all or any claims by any person for any damages, real or alleged, as contemplated in this clause 10.2, save where the Customer is a Non-Exempt Customer and where such liability is incurred by FFB to third parties as contemplated in Regulation 44(3)(e) of the CPA. 10.3 To the fullest extent possible in law, FFB shall not, under any circumstances, be liable for any indirect or consequential losses or damages suffered by the Customer in the purchase, storage, sale, distribution or use of the Product, subject to Section 61 of the CPA as applicable to both Exempt and Non-Exempt Customers, or any other provision of the CPA as applicable to Non-Exempt Customers. 10.4 The Parties agree that notwithstanding anything to the contrary contained in the Agreement, the total cumulative amount of any and all claimsliability, which the Customer may have against FFB arising out of this Agreement shall be limited to an amount not exceeding twice the amount of the Credit Limit granted to the Customer loses, damages or costs, including legal costs, incurred or suffered by FFB from time to time except to the extent that such limitation may be construed as unlawfully infringing Section 61 of the CPA as applicable to both Exempt and Non-Exempt Customers, or any other provision of the CPA as applicable to Non-Exempt Customers or any other law in the Republic of South Africa. 10.5 Subject to the provisions of the CPA to the extent that it applies, in addition to any other indemnities provided by the Customer in favour of FFB in terms of this Agreement, the Customer hereby indemnifies and holds FFB harmless against any loss and/or claim for damages howsoever arising (including consequential damages and claims by third parties) that the Customer or any third party may suffer BRAVO as a result of the Customer breaching any of the provisions of this Agreement and/ or as a result of the Customer’s fraud or wilful default or negligence. 10.6 In each instance that any losses or damages may be claimed by the Customer in terms of this Agreement or in law, the Customer shall bear the onus of proving both liability and quantum in respect of any such losses failure or damages, except to the extent that same is contrary to the common law, the CPA or any other statute in forcerefusal. 10.7 The Customer shall notify FFB of any claim, which it may have against FFB arising out of this Agreement, as soon as it would be reasonably possible for the Customer to do so, acting diligently and with all possible expedition. 10.8 In addition to the other indemnities given in terms of this Agreement, subject to the provisions of the CPA to the extent that it is applicable, the Customer indemnifies and holds FFB harmless against all direct claims, losses, damages, costs, charges, liabilities, penalties, interest, fines and expenses of whatsoever nature (including legal and other professional charges and expenses on an attorney and client scale), suffered or incurred by FFB under contract (including but not limited as a result of the Customer’s breach of its obligations in terms of this Agreement) or delict; or any negligent, fraudulent or wrongful act or omission by the Customer (including any other party that the Customer would be vicariously liable for in law in relation to this Agreement); except to the extent that the loss, damage, liability, cost or expense is directly attributable to the fraud or wilful default or negligence of FFB.

Limitation of Liability and Indemnities. 10.1 Notwithstanding anything 8.1 The Supplier undertakes to provide the contrary contain Services with reasonable care and skill. 8.2 Nothing in this Agreement, these Terms and Conditions excludes or limits the liability of The Supplier: (a) for death or personal injury caused by The Suppliers negligence; or (b) for any matter which it would be illegal for The Supplier to exclude or attempt to exclude its liability; or (c) for fraud or fraudulent misrepresentation. and The Supplier hereby agrees to indemnify the Customer shall have no claim against FFB for any loss or damages, of any nature, occasioned by any defect in any Product supplied, or any failure to provide adequate instructions and keep the Customer indemnified in respect of the same. 8.3 Nothing in these Terms and Conditions excludes The Suppliers liability in respect of damage to tangible property caused by The Suppliers negligence, however The Suppliers liability shall be subject to any hazards that might arise limitation for material damage contained in its insurance policy in place from time to time. 8.4 Subject to clause 6.2: (a) The Suppliers total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the use performance or incorrect use contemplated performance of the Product, save to the extent that FFB is necessarily liable for such loss or damages in terms of Section 61 of the CPA, as applicable to both Exempt and Non-Exempt Customers, or any other provision of the CPA as applicable to Non-Exempt Customers. 10.2 FFB shall not be liable for any damages to Product caused by improper or inadequate storage, improper handling, tampering with such Product by parties not authorised thereto by FFB; any negligence of the Customer or a third party in the use and/or storage of the Product; and/or the use of the Product by the Customer or any third party in applications for which they are not recommended or intended; save to the extent that FFB is necessarily liable for such loss or damage in terms of the CPA to the extent that it is applicable. The Customer hereby indemnifies and holds FFB harmless to the full extent allowed in law against all or any claims by any person for any damages, real or alleged, as contemplated in this clause 10.2, save where the Customer is a Non-Exempt Customer and where such liability is incurred by FFB to third parties as contemplated in Regulation 44(3)(e) of the CPA. 10.3 To the fullest extent possible in law, FFB shall not, under any circumstances, be liable for any indirect or consequential losses or damages suffered by the Customer in the purchase, storage, sale, distribution or use of the Product, subject to Section 61 of the CPA as applicable to both Exempt and Non-Exempt Customers, or any other provision of the CPA as applicable to Non-Exempt Customers. 10.4 The Parties agree that notwithstanding anything to the contrary contained in the Agreement, the total cumulative amount of any and all claims, which the Customer may have against FFB arising out of this Agreement shall be limited to an amount not exceeding twice the amount total fees payable to The Supplier in respect of the Credit Limit granted Services performed hereunder; and (b) The Supplier shall not be liable to the Customer by FFB from time to time except to the extent that such limitation may be construed as unlawfully infringing Section 61 for any pure economic loss, loss of the CPA as applicable to both Exempt and Non-Exempt Customersprofit, loss of business, depletion of goodwill or otherwise, in each case whether direct, indirect or consequential, or any other provision claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with the CPA as applicable to Non-Exempt Customers or any other law in the Republic of South AfricaAgreement. 10.5 Subject to the provisions of the CPA to the extent that it applies, in addition to any other indemnities provided by the Customer in favour of FFB in terms of this Agreement, the 8.5 The Customer hereby indemnifies agrees to indemnify The Supplier and holds FFB harmless against keep The Supplier indemnified in respect of any loss and/or claim for damages howsoever arising (including consequential damages and all claims made by third parties) that the Customer or any third party may suffer The Suppliers Crew as a result of any negligent act or omission of the Customer breaching any of whilst the provisions of this Agreement and/ or as a result Crew are under the supervision and direction of the Customer’s fraud or wilful default or negligence. 10.6 In each instance that any losses or damages may be claimed by the Customer in terms of this Agreement or in law, the Customer 8.6 Each party shall bear the onus of proving both maintain suitable public and employer’s liability and quantum insurance to cover their respective liabilities in respect of any such losses act or damages, except to the extent that same is contrary to the common law, the CPA or any other statute in force. 10.7 The Customer shall notify FFB of any claim, default for which it may have against FFB arising out of this Agreement, as soon as it would be reasonably possible for might become liable to indemnify the Customer to do so, acting diligently and with all possible expeditionother. 10.8 In addition to the other indemnities given in terms of this Agreement, subject to the provisions of the CPA to the extent that it is applicable, the Customer indemnifies and holds FFB harmless against all direct claims, losses, damages, costs, charges, liabilities, penalties, interest, fines and expenses of whatsoever nature (including legal and other professional charges and expenses on an attorney and client scale), suffered or incurred by FFB under contract (including but not limited as a result of the Customer’s breach of its obligations in terms of this Agreement) or delict; or any negligent, fraudulent or wrongful act or omission by the Customer (including any other party that the Customer would be vicariously liable for in law in relation to this Agreement); except to the extent that the loss, damage, liability, cost or expense is directly attributable to the fraud or wilful default or negligence of FFB.