Common use of Limits on our liability Clause in Contracts

Limits on our liability. 16.1 if you are selling the Lot in the course of a Business, we will be entitled to rely entirely upon the Description of the Lot given by you or on your behalf in any opinion or Description or Estimate we give. Our liability in respect of any Description given by us is excluded except to the extent that we fail accurately to reflect any Description of the Lot given to us by you; 16.2 without prejudice to the exclusion of liability provided for in paragraph 16.1, we will not be liable (whether in negligence, other tort, breach of contract or statutory duty or in restitution or in any other way) whether as a result of an act or an omission, whether before or after this agreement, for any lack of conformity with or inaccuracy, error or mis- description or omission in any Description of a Lot or any opinion, Entry or Estimate in respect of it (whether made in writing, including in the Catalogue, or on our Website, or orally or by conduct or otherwise) or in the setting of any Reserve or for any failure to achieve a Sale or a Sale at a higher price than was achieved, except in so far as it is caused by a breach of our duty to exercise reasonable skill and care in the performance of the obligations we have agreed to under this agreement or in the case of fraud by us or on our behalf (and we will not be liable to the extent that any breach of obligation by you has caused or contributed to it); 16.3 our duty to you while the Lot is your property and in our custody and / or control is that of bailee for reward, but we will not be responsible for damage to the Lot or to other persons or things caused by; 16.3.1 handling the Lot if it is affected by woodworm and if any damage is caused as a result of it being so affected; or 16.3.2 changes in atmospheric pressure; nor will we be liable for; 16.3.3 damage to tension stringed musical instruments; or 16.3.4 damage to gilded picture frames, plaster picture frames or to picture frame glass; 16.4 we will not be liable to you for any loss of Business, Business profits or revenue or income or for loss of Business reputation or for disruption to Business or wasted time on the part of management or staff or, if you are selling the Lot in the course of a Business, for any indirect losses or consequential damages of any kind, irrespective in any case of the nature, volume or source of the loss or damage alleged to be suffered, and irrespective of whether the said loss or damage is caused by or claimed in respect of any negligence, other tort, breach of contract, statutory duty, bailee’s duty, restitutionary claim or otherwise; 16.5 if you are selling the Lot in the course of a Business, in any circumstances where we are liable to you in respect of a Lot, or any act, omission, statement or representation in respect of it or this agreement or its performance, and whether in damages, for an indemnity or contribution, for a restitutionary remedy or in any way whatsoever, our liability will be limited to payment of a sum which will not exceed by way of maximum the amount of the Purchase Price (if any) or, if the Lot is not sold, the Notional Price, irrespective in any case of the nature, volume or source of any loss or damage alleged to be suffered or sum claimed as due, and irrespective of whether the liability arises from negligence, other tort, breach of contract, statutory duty, bailee’s duty, restitutionary claim or otherwise. You may wish to protect yourself against loss by obtaining your own insurance; 16.6 nothing set out above will be construed as excluding or restricting (whether directly or indirectly) any person’s liability or excluding or restricting any person’s rights or remedies in respect of (i) fraud, or (ii) death or personal injury caused by our negligence (or any person under our control or for whom we are legally responsible), or (iii) acts or omissions for which we are liable under the Occupiers Liability Act 1957, or (iv) any other liability to the extent the same may not be excluded or restricted as a matter of law.

Limits on our liability. 16.1 if you are selling the Lot in the course of a Business, we will be entitled to rely entirely upon the Description of the Lot given by you or on your behalf in any opinion or Description or Estimate we give. Our liability in respect of any Description given by us is excluded except to the extent that we fail accurately to reflect any Description of the Lot given to us by you; 16.2 without prejudice to the exclusion of liability provided for in paragraph 16.1, we will not be liable (whether in negligence, other tort, breach of contract or statutory duty or in restitution or in any other way) whether as a result of an act or an omission, whether before or after this agreement, for any lack of conformity with or inaccuracy, error or mis- mis-description or omission in any Description of a Lot or any opinion, Entry or Estimate in respect of it (whether made in writing, including in the Catalogue, or on our Website, or orally or by conduct or otherwise) or in the setting of any Reserve or for any failure to achieve a Sale or a Sale at a higher price than was achieved, except in so far as it is caused by a breach of our duty to exercise reasonable skill and care in the performance of the obligations we have agreed to under this agreement or in the case of fraud by us or on our behalf (and we will not be liable to the extent that any breach of obligation by you has caused or contributed to it); 16.3 our duty to you while the Lot is your property and in our custody and / or control is that of bailee for reward, but we will not be responsible for damage to the Lot or to other persons or things caused by; 16.3.1 handling the Lot if it is affected by woodworm and if any damage is caused as a result of it being so affected; or 16.3.2 changes in atmospheric pressure; nor will we be liable for; 16.3.3 damage to tension stringed musical instruments; or 16.3.4 damage to gilded picture frames, plaster picture frames or to picture frame glass; 16.4 we will not be liable to you for any loss of Business, Business profits or revenue or income or for loss of Business reputation or for disruption to Business or wasted time on the part of management or staff or, if you are selling the Lot in the course of a Business, for any indirect losses or consequential damages of any kind, irrespective in any case of the nature, volume or source of the loss or damage alleged to be suffered, and irrespective of whether the said loss or damage is caused by or claimed in respect of any negligence, other tort, breach of contract, statutory duty, bailee’s duty, restitutionary claim or otherwise; 16.5 if you are selling the Lot in the course of a Business, in any circumstances where we are liable to you in respect of a Lot, or any act, omission, statement or representation in respect of it or this agreement or its performance, and whether in damages, for an indemnity or contribution, for a restitutionary remedy or in any way whatsoever, our liability will be limited to payment of a sum which will not exceed by way of maximum the amount of the Purchase Price (if any) or, if the Lot is not sold, the Notional Price, irrespective in any case of the nature, volume or source of any loss or damage alleged to be suffered or sum claimed as due, and irrespective of whether the liability arises from negligence, other tort, breach of contract, statutory duty, bailee’s duty, restitutionary claim or otherwise. You may wish to protect yourself against loss by obtaining your own insurance; 16.6 nothing set out above will be construed as excluding or restricting (whether directly or indirectly) any person’s liability or excluding or restricting any person’s rights or remedies in respect of (i) fraud, or (ii) death or personal injury caused by our negligence (or any person under our control or for whom we are legally responsible), or (iii) acts or omissions for which we are liable under the Occupiers Liability Act 1957, or (iv) any other liability to the extent the same may not be excluded or restricted as a matter of law.

Limits on our liability. 16.1 if you are selling a Depending on the Lot conditions, limitations and exclusions contained within this and other sections of these conditions, we accept liability for loss or damage to your goods be- tween; • the time we (or anyone acting for us) receive your goods; and • the tie we try to deliver your goods (at the address marked on them or as agreed oth- erwise) in the course delivery window (or, if we do not try to deliver your goods in the delivery window and none of the circumstances in clauses 6d or 7a applies, when we next try to deliver your goods within normal business hours. b Our liability for loss of or damage to your goods is also limited as set out in the rest of this section and section 14, and by the effect of certain other sections of these condi- tions. c All the limitations and exclusions set out within these conditions are ‘cumulative’. This means that if more than one limitation or exclusion applies in a Businessparticular situation, we will be entitled to rely entirely upon have the Description benefit of the Lot given by you or on your behalf in any opinion or Description or Estimate we giveeach and every limitation that applies. d Our liability in respect of any Description given by us is excluded except to will never be more than the extent that we fail accurately to reflect any Description of the Lot given to us by you; 16.2 without prejudice to the exclusion of liability provided for in paragraph 16.1, we will not be liable (whether in negligence, other tort, breach of contract or statutory duty or in restitution or in any other way) whether as a result of an act or an omission, whether before or after this agreement, for any lack of conformity with or inaccuracy, error or mis- description or omission in any Description of a Lot or any opinion, Entry or Estimate in respect of it (whether made in writing, including in the Catalogue, or on our Website, or orally or by conduct or otherwise) or in the setting of any Reserve or for any failure to achieve a Sale or a Sale at a higher price than was achieved, except in so far as it is caused by a breach of our duty to exercise reasonable skill and care in the performance of the obligations we losses you have agreed to under this agreement or in the case of fraud by us or on our behalf (and we will not be liable to the extent that any breach of obligation by you has caused or contributed to it); 16.3 our duty to you while the Lot is your property and in our custody and / or control is that of bailee for reward, but we will not be responsible for damage to the Lot or to other persons or things caused by; 16.3.1 handling the Lot if it is affected by woodworm and if any damage is caused as a result of it being so affected; or 16.3.2 changes in atmospheric pressure; nor will we be liable for; 16.3.3 damage to tension stringed musical instruments; or 16.3.4 damage to gilded picture frames, plaster picture frames or to picture frame glass; 16.4 we will not be liable to you for any loss of Business, Business profits or revenue or income or for loss of Business reputation or for disruption to Business or wasted time on the part of management or staff oractually suffered. For example, if you are selling the Lot in the course of your agreement with a Business, for any indirect losses or consequential damages of any kind, irrespective in any case of the nature, volume or source of the third party limits your loss or damage alleged relating to be suffered, and irrespective of whether the said loss or damage is caused by or claimed in respect of any negligence, other tort, breach of contract, statutory duty, bailee’s duty, restitutionary claim or otherwise; 16.5 if you are selling the Lot in the course of a Business, in any circumstances where we are liable to you in respect of a Lot, or any act, omission, statement or representation in respect of it or this agreement or its performance, and whether in damages, for an indemnity or contribution, for a restitutionary remedy or in any way whatsoeveryour goods, our liability will be limited to payment of a sum which the same amount. e If we collect transport and deliver the goods entirely within the United Kingdom, our liability will not exceed by way of maximum be more than the amount value of the Purchase Price (if any) orgoods, if the Lot is not sold, the Notional Price, irrespective in any case up to a maximum of £15,000 for each delivery or consignments of deliveries. The value of the naturegoods means: • the cost of you buying the items making up your goods, volume less a deduction for wear and tear, a reduction in value and so on; • the cost of replacing the items making up your goods; or source • the cost of any loss repairing the items making up your goods; whichever is less f If: • you have arranged insurance for your goods being transported; • you are in the business of carrying goods, or damage alleged arranging for them to be suffered carried or sum claimed as duestored; • your goods include any items listed in clause 2b; or • your goods are collected, and irrespective transported, stored or delivered to, from or through any place outside the United Kingdom; our liability for any damage to or loss of whether the liability arises from negligence, other tort, breach of contract, statutory duty, bailee’s duty, restitutionary claim or otherwise. You may wish to protect yourself against loss by obtaining your own insurance; 16.6 nothing set out above goods will be construed as excluding or restricting (whether directly or indirectly) any person’s liability or excluding or restricting any person’s rights or remedies in respect of (i) fraud, or (ii) death or personal injury caused by our negligence (or any person under our control or for whom we are legally responsible), or (iii) acts or omissions for which we are liable under the Occupiers Liability Act 1957, or (iv) any other liability to the extent the same may not be excluded or restricted as a matter of law.more than;