LIMITATIONS OF LIABILITY 9. 1. The following provisions of this Article re- flect the scope of the Agreement and the price for the Services. 9.2. VOLVO TRUCKS total maximum liability under this Agreement for claims arising in each cal- endar quarter (whether in contract, tort, negligence, statute, restitution, or otherwise) shall not exceed 100% of the sum paid under the Agreement in the calendar quarter in which the claim arose. 9.3. VOLVO TRUCKS will not be liable (whether in contract, tort, negligence, statute or oth- erwise) for any loss of profits, loss of business, wasted management time or costs of data reconstruc- tion or recovery whether such loss arises directly or indirectly and whether VOLVO TRUCKS was aware of its possibility or not or for any consequential or in- direct losses. 9.4. VOLVO TRUCKS hereby fully excludes permissible in law, all conditions, warranties and stipulations, express (other than those set out in the Agreement) or implied, statutory, customary or other- wise which, but for such exclusion, would or might subsist in favour of the Customer. 10. Force Majeure 10.1. VOLVO TRUCKS will not be liable to the Customer for any failure or delay or for the conse- quences of any failure or delay in performance of the Agreement, if it is due to any event beyond the rea- sonable control and contemplation of VOLVO TRUCKS including, without limitation, third party service providers (including but not limited to mobile data network operators), acts of God, war, industrial disputes, protests, fire, tempest, explosion, an act of terrorism and national emergencies and VOLVO TRUCKS will be entitled to a reasonable extension of time for performing such obligations. 11. Notices 11.1. Any notice for termination of this Agree- ment by VOLVO TRUCKS will be made to the Cus- tomer’s email address registered on Volvo Connect. 11.2. Any other notice by VOLVO TRUCKS in connection with this Agreement will be deemed to be considered duly served when published on Volvo Connect. 12. Miscellaneous 12.1. Time for performance of all obligations of VOLVO TRUCKS is not of the essence. 12.2. If any condition or part of the Agreement is found by any court, tribunal, administrative body or authority of competent jurisdiction to be illegal, inva- lid or unenforceable then that provision will, to the extent required, be severed from the Agreement and will be ineffective, without, as far as is possible, modifying any other provision or part of the Agree- ment and this will not affect any other pr...
LIMITATIONS OF LIABILITY 9. 1. Neither party shall be liable to the other for indirect, incidental, consequential, exemplary, reliance or special damages, including damages for lost profits, regardless of the form of action whether in contract, indemnity, warranty, strict liability or tort, including negligence of any kind with respect to the Services or other conduct under this Agreement.
