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

Limitation on Buyer’s Liability. TO THE GREATEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES WHATSOEVER SHALL BUYER BE RESPONSIBLE OR LIABLE TO SELLER OR TO ANY THIRD PARTY FOR INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF REVENUE, LOSS OF PROFITS OR LOSS OF GOODWILL) REGARDLESS OF (A) WHETHER EITHER PARTY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES AND (B) THE LEGAL THEORY UPON WHICH SUCH CLAIM IS BASED, INCLUDING, BUT NOT LIMITED TO, THEORIES BASED ON CONTRACT, NEGLIGENCE, TORT OR RELIANCE. UNDER NO CIRCUMSTANCES SHALL BUYER’S LIABILITY EXCEED THE PURCHASE PRICE FOR THAT PORTION OF THE GOODS OR SERVICES WITH RESPECT TO WHICH THE CLAIM RELATES. ANY CLAIM FOR DAMAGES BY SELLER AGAINST BUYER ARISING IN ANY MANNER OR RELATED IN ANY WAY TO BUYER’S PURCHASE OF GOODS AND SERVICES HEREUNDER MUST BE COMMENCED WITHIN ONE YEAR AFTER THE CLAIM HAS ACCRUED.

Limitation on Buyer’s Liability. TO THE GREATEST EXTENT PERMITTED BY LAW, UNDER IN NO CIRCUMSTANCES WHATSOEVER SHALL EVENT WILL BUYER BE RESPONSIBLE OR LIABLE TO SELLER OR TO FOR ANY THIRD PARTY FOR SPECIAL, INDIRECT, SPECIALINCIDENTAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, OR FOR DAMAGES (INCLUDINGRELATING TO BUSINESS INTERRUPTION, WITHOUT LIMITATIONLOSS OF USE, DAMAGES DIMINUTION IN VALUE, PROPERTY DAMAGE, OR FOR LOSS OF PROFITS, REVENUE, OR DATA, WHETHER IN AN ACTION IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE. BUYER'S LIABILITY ON ANY CLAIM OF ANY KIND FOR ANY LOSS OR DAMAGE ARISING OUT OF PROFITS OR LOSS IN CONNECTION WITH OR RESULTING FROM THIS ORDER OR FROM THE PERFORMANCE OR BREACH THEREOF SHALL IN NO CASE EXCEED THE PRICE ALLOCABLE TO THE GOODS OR SERVICES OR UNIT THEREOF, WHICH GIVES RISE TO THE CLAIM. BUYER SHALL NOT BE LIABLE FOR PENALTIES OF GOODWILL) ANY KIND. THE LIMITATION OF BUYER’S LIABILITY UNDER THIS SECTION SHALL APPLY REGARDLESS OF (A) WHETHER EITHER PARTY HAS BEEN INFORMED SUCH DAMAGES WERE FORESEEABLE, WHETHER OR NOT BUYER WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES DAMAGES, AND (B) THE LEGAL OR EQUITABLE THEORY UPON WHICH SUCH THE CLAIM IS BASED, INCLUDING, BUT NOT LIMITED TO, THEORIES BASED . ANY ACTION RESULTING FROM ANY BREACH ON CONTRACT, NEGLIGENCE, TORT OR RELIANCE. UNDER NO CIRCUMSTANCES SHALL BUYER’S LIABILITY EXCEED THE PURCHASE PRICE FOR THAT PORTION PART OF BUYER AS TO THE GOODS OR SERVICES WITH RESPECT TO WHICH THE CLAIM RELATES. ANY CLAIM FOR DAMAGES BY SELLER AGAINST BUYER ARISING IN ANY MANNER OR RELATED IN ANY WAY TO BUYER’S PURCHASE OF GOODS AND SERVICES DELIVERED HEREUNDER MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CLAIM CAUSE OF ACTION HAS ACCRUED AND ALL RIGHTS OF SELLER TO COMMENCE ANY COURT ACTION OR PROCEEDING WITH RESPECT TO THIS ORDER SHALL TERMINATE ONE (1) YEAR AFTER THE CAUSE OF ACTION HAS ACCRUED.

Limitation on Buyer’s Liability. TO THE GREATEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES WHATSOEVER SHALL BUYER BE RESPONSIBLE OR LIABLE TO SELLER OR TO ANY THIRD PARTY FOR INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE punitive DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF REVENUE, LOSS OF PROFITS OR LOSS OF GOODWILL) REGARDLESS OF (A) WHETHER EITHER PARTY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES AND (B) THE LEGAL THEORY UPON WHICH SUCH CLAIM IS BASED, INCLUDING, BUT NOT LIMITED TO, THEORIES BASED ON CONTRACT, NEGLIGENCE, TORT OR RELIANCE. UNDER NO CIRCUMSTANCES SHALL BUYER’S LIABILITY EXCEED THE PURCHASE PRICE FOR THAT PORTION OF THE GOODS OR SERVICES WITH RESPECT TO WHICH THE CLAIM RELATES. ANY CLAIM FOR DAMAGES BY SELLER AGAINST BUYER ARISING IN ANY MANNER OR RELATED IN ANY WAY TO BUYER’S PURCHASE OF GOODS AND SERVICES HEREUNDER MUST BE COMMENCED WITHIN ONE YEAR AFTER THE CLAIM HAS ACCRUED.