Common use of Limitation to Liability Clause in Contracts

Limitation to Liability. 14.1. This clause 14 sets out the entire financial liability of Comtact (including any liability for the acts or omissions of its employees, agents and sub-contractors) to the Customer in respect of: o any breach of the Contract; o any use made by the Customer of the Services or the Products; and o any representation, statement or tortious act or omission (including negligence) arising under or in connection with the Contract. 14.2. All warranties, clauses and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the Contract. 14.3. Nothing in these clauses limits or excludes the liability of Comtact: o for death or personal injury resulting from negligence; or o any physical damage to the property to the premises where the Products are installed but only to the extent it is caused by the negligence of Comtact or its employees; or o for any damage or liability incurred by the Customer as a result of fraud or fraudulent misrepresentation by Comtact 14.4. Subject to clause 14.2 and clause 14.3, Comtact shall not be liable for: o loss of profits; or o loss of business; or o depletion of goodwill and/or similar losses; or o loss of anticipated savings; or o loss of goods; or o loss of contract; or o loss of use; or o loss of corruption of data or information; or o any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses. 14.5. Comtact’s total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising in connection with the performance or contemplated performance of the Contract shall be limited to the price of the Contract. 14.6. Comtact will use its commercially reasonable efforts to ensure that all services rendered pursuant to this Contract will be performed in a workmanlike manner consistent with industry practices. Except for the foregoing, services, deliverables and products are provided "as is," without any warranty of any kind. Comtact and its suppliers and/or subcontractors disclaim any and all warranties, either express or implied, including but not limited to any warranty of merchantability and/or fitness for a particular purpose. Comtact and its suppliers and/or subcontractors do not warrant that services, deliverables, or products will meet customer's requirements or that the performance or use thereof will be uninterrupted or error-free. 14.7. All other express or implied terms, conditions or warranties and any liability in tort or otherwise are excluded 14.8. Each part of this clause 14 operates separately. If any part is disallowed or is not effective the other parts will continue to apply.

Limitation to Liability. 14.1. This clause 14 sets out the entire financial liability of Comtact (including any liability for the acts or omissions of its employees, agents and sub-contractors) to the Customer in respect of: o any breach of the Contract; o any use made by the Customer of the Services or the Products; and o any representation, statement or tortious act or omission (including negligence) arising under or in connection with the Contract. 14.2. All warranties, clauses and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the Contract.. ‌ 14.3. Nothing in these clauses limits or excludes the liability of Comtact: o for death or personal injury resulting from negligence; or o any physical damage to the property to the premises where the Products are installed but only to the extent it is caused by the negligence of Comtact or its employees; or o for any damage or liability incurred by the Customer as a result of fraud or fraudulent misrepresentation by Comtact 14.4. Subject to clause 14.2 and clause 14.3, Comtact shall not be liable for: o loss of profits; or o loss of business; or o depletion of goodwill and/or similar losses; or o loss of anticipated savings; or o loss of goods; or o loss of contract; or o loss of use; or o loss of corruption of data or information; or o any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses. 14.5. Comtact’s total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising in connection with the performance or contemplated performance of the Contract shall be limited to the price of the Contract. 14.6. Comtact will use its commercially reasonable efforts to ensure that all services rendered pursuant to this Contract will be performed in a workmanlike manner consistent with industry practices. Except for the foregoing, services, deliverables and products are provided "as is," without any warranty of any kind. Comtact and its suppliers and/or subcontractors disclaim any and all warranties, either express or implied, including but not limited to any warranty of merchantability and/or fitness for a particular purpose. Comtact and its suppliers and/or subcontractors do not warrant that services, deliverables, or products will meet customer's requirements or that the performance or use thereof will be uninterrupted or error-free. 14.7. All other express or implied terms, conditions or warranties and any liability in tort or otherwise are excluded 14.8. Each part of this clause 14 operates separately. If any part is disallowed or is not effective the other parts will continue to apply.