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

Limitation of Supplier’s Liability. 12.1 SUBJECT TO CLAUSE 12.2, IN NO EVENT SHALL THE SELLER BE LIABLE TO THE BUYER FOR ANY LOSS OF PROFITS OR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION LOST SAVINGS, OR LOSS OF BUSINESS OPPORTUNITY) ARISING OUT OF OR IN RELATION TO ANY CONTRACT, GOODS OR PARTS FOR GOODS SUPPLIED BY THE SELLER OR SERVICE PERFORMED BY THE SELLER WHETHER OR NOT THE COMPANY HAS BEEN ADVISED IN ADVANCE OF THE RISK OF SUCH LOSS OR DAMAGES. THE SELLER’S MAXIMUM LIABILITY UNDER ANY CONTRACT SHALL NOT EXCEED THE AGGREGATE VALUE OF THE INVOICES ISSUED UNDER THAT CONTRACT. 12.2 Nothing in clause 12.1 shall operate to limit or be construed as limiting the Supplier’s liability for death or personal injury caused by the Supplier’s negligence.