Other Claims for Damages. 10.1 We shall be liable for damages and reimburse- ment of expenses solely based on the legal statutes, subject to the following provisions.
10.2 Claims for damages and reimbursement of ex- penses (referred to in the following as claims for dam- ages), regardless of the legal reason, in particular due to infringement of obligations resulting from the rela- tionship under the law of obligations and from non- permitted activities, are excluded.
10.3 Liability for indirect damages and consequential damages such as downtime, loss of profit, or financing cots are excluded.
10.4 These restrictions (10.2 and 10.3) do not apply if liability is obligatory, e.g. according to product liability legislation, in cases of wilful damage or gross negli- gence, death, injury or detriment of health, or due to the acceptance of a guarantee for the properties of an item or due to the infringement of material contractual obligations. Material contractual duties are in particu- lar those, which are required in order to achieve the purpose of the Agreement or the fulfilment of which enable the proper performance of the Agreement in the first place and on the observation of which Pur- chaser may rely, the liability is insofar limited to the compensation of the contractually typical and fore- seeable loss, however, not to cases of wilful damage or gross negligence or cases in which liability is oblig- atory due to death, injury or detriment of health.
10.5 The temporal limitation of liability according to this section 10 shall be determined by the liability for defects (clause 8.3).
10.6 The above liability provisions involve no change in the burden of proof to the detriment of Purchaser.
Other Claims for Damages. Claims for damages from delay, impossibility of performance, culpable breach of ancillary obligations, culpa in contrahendo and from tort are excluded unless they are based on intent or gross negligence on the part of the supplier or his vicarious agents.
Other Claims for Damages. In the absence of any willful malfeasance or gross negligence on our part, any further claims for damages on the part of Purchaser against us shall be excluded, irrespective of their cause in law.
Other Claims for Damages. 10.1 We shall be liable for damages and reimburse- ment of expenses solely based on the legal statutes, subject to the following provisions.
Other Claims for Damages. 10.1 Any and all other claims for damages by the Buyer, regardless of what the underlying legal grounds therefor may be, more particularly on the grounds of any one non-compliance with any duties arising from the debt obligation, shall be barred and precluded.
Other Claims for Damages. 1. Unless otherwise provided for in the present GL, the Purchaser has no claim for damages based on whatever legal reason, including infringement of duties arising in connection with the contract or tort.
2. This does not apply if liability is based on:
(a) the German Product Liability Act (“Produkthaftungsgesetz”);
(b) intent;
(c) gross negligence on the part of the owners, legal representatives or executives;
(d) fraud;
(e) failure to comply with a guarantee granted;
(f) negligent injury to life, limb or health; or
(g) negligent breach of a fundamental condition of contract (“wesentliche Vertragspflichten”). However, claims for damages arising from a breach of a fundamental condition of contract shall be limited to the foreseeable damage which is intrinsic to the contract, provided that no other of the above case applies.
3. The above provision does not imply a change in the burden of proof to the detriment of the Purchaser.
Other Claims for Damages. Unless anything to the contrary is specified above, the Supplier and its performing and vicarious agents shall be liable for the Purchaser’s compensation claims as follows:
a) Liability for personal injury shall be governed by the applicable laws.
b) The liability for material damage is limited to 500,000 euros per claim and 1 million euros in total.
c) Liability for financial losses is excluded. The liability restriction under b) and the liability exclusion under c) shall not apply if liability is mandatory, e.g. in accordance with the German Product Liability Act, in case of intent, gross negligence, injury to life, limb or health or a breach of fundamental contractual obligations. Any change to the burden of evidence to the detriment of the Purchaser shall not be linked to the aforementioned regulations. If the Purchaser is entitled to make claims for damages in accordance with this clause 11, said claims shall expire at the end of the period of according to clause 9e.
Other Claims for Damages. (1) Any claims for damages and reimbursement of expenses the Buyer may have for any reason whatsoever, including infringement of con- tractual obligations and claim in tort, shall be excluded.
(2) For all products having a network connection, the risk of loss or alte- ration of data and the risk of faulty data transmission shall pass to the Buyer at the first network interface point of the product. In the case of software, the risk of loss or alteration of data and the risk of faulty data transmission shall pass to the Buyer upon installation of the software. Despite careful monitoring of data, sera assu- mes no liability for data which are transmitted over an open network interface or other systems into the Buyer‟s system.
(3) However, claims for damages arising from a breach of material con- tractual obligations shall be limited to the foreseeable damage with contracts of this type, unless caused by intent or gross negligence or arising from liability for injury of life, body or health or an express assurance has been given in relation to the existence of a particular property. The liability for consequential costs arising from defects, in particular costs for operational failure or property damages, is exclu- ded.
Other Claims for Damages. Other claims for damages by the purchaser, regardless of the legal basis, in particular due to a breach of obligations arising from the contractual relationship, remain unaffected by the above provisions.
Other Claims for Damages. 8.1 We shall be liable for damages and reimbursement of expenses solely based on the legal statutes, subject to the following provisions.
8.2 Claims for damages and reimbursement of expenses (referred to in the following as claims for damages), regardless of the legal reason, in particular due to infringement of obligations resulting from the relationship under the law of obligations and from non- permitted activities, are excluded.
8.3 Liability for indirect damages and consequential damages such as downtime, loss of profit, or financing cots are excluded.
8.4 These restrictions (10.2 and 10.3) do not apply if liability is obligatory, e.g. according to product liability legislation, in cases of willful damage or gross negligence, death, injury or detriment of health, or due to the acceptance of a guarantee for the properties of an item or due to the infringement of material contractual obligations. Material contractual duties are in particular those, which are required in order to achieve the purpose of the Agreement or the fulfillment of which enable the proper performance of the Agreement in the first place and on the observation of which the buyer may rely, the liability is insofar limited to the compensation of the contractually typical and foreseeable loss, however, not to cases of willful damage or gross negligence or cases in which liability is obligatory due to death, injury or detriment of health.
8.5 The temporal limitation of liability according to this section 10 shall be determined by the liability for defects (clause 8.3).
8.6 The above liability provisions involve no change in the burden of proof to the detriment of the Purchaser.
