Overall Limitation of Liability. NOTWITHSTANDING ANYTHING TO THE CON-TRARY IN THIS CONTRACT, INCLUDING ALL DOCUMENTS MAKING PART THEREOF AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL SELLER BE LIABLE TO THE BUYER FOR LOSS OF PROFIT OR REVENUE, LOSS OF USE, INTERRUPTION OF PRODUCTION, COST OF CAPITAL, COST OF PURCHASED OR REPLACEMENT POWER, ANY AND ALL COSTS RELATING TO DELAY, OR FOR INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR CLAIMS BY THE BUYER’S CUS-TOMERS FOR SUCH DAMAGES, IN CONNECTION WITH THIS CONTRACT, WHETHER SUCH LIABILITY IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE OR ANY OTHER BASIS OF LEGAL LIABILITY. THE REMEDIES OF BUYER SET FORTH HEREIN ARE EXCLUSIVE, AND SELLER'S LIABILITY WITH RESPECT TO ANY CONTRACT, INDEMNITY, TORT (INCLUDING NEGLIGENCE), UNDER ANY WARRANTY, STRICT LIABILITY OR OTHERWISE SHALL NOT EXCEED THE NET VALUE OF THE PRODUCTS DELIVERED, WHICH WERE THE CAUSE OF THE DAMAGE OR TO CHF 25'OOO (TWENTY FIVE THOUSAND SWISS FRANCS) WHICHEVER IS HIGHER, UNLESS CLAIMS ARISE FROM GROSS NEGLIGENCE OR WILFUL MISCONDUCT OF THE SELLER.
Appears in 4 contracts
Samples: General Terms and Conditions of Sale, General Terms and Conditions of Sale, General Terms and Conditions of Sale
Overall Limitation of Liability. NOTWITHSTANDING ANYTHING TO THE CON-TRARY CONTRARY IN THIS CONTRACT, INCLUDING ALL DOCUMENTS MAKING PART THEREOF AND TO THE MAXIMUM EXTENT PERMITTED PERMIT XXX BY LAW, IN NO EVENT SHALL SELLER SUPPLIER BE LIABLE TO THE BUYER FOR LOSS OF PROFIT OR REVENUE, LOSS OF USE, INTERRUPTION OF PRODUCTION, COST OF CAPITAL, COST OF PURCHASED OR REPLACEMENT POWER, ANY AND ALL COSTS RELATING TO DELAY, OR FOR INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR CLAIMS BY THE BUYER’S CUS-TOMERS 'S CUSTOMERS FOR SUCH DAMAGES, IN CONNECTION CONNEC TION WITH THIS CONTRACT, WHETHER SUCH LIABILITY IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCENEGLI- GENCE), STATUTE OR ANY OTHER BASIS OF LEGAL LIABILITYLIA BILITY. THE REMEDIES OF BUYER SET FORTH HEREIN ARE EXCLUSIVE, AND SELLER'S LIABILITY WITH RESPECT TO ANY CONTRACT, INDEMNITY, TORT (INCLUDING NEGLIGENCENEG- LIGENCE), UNDER ANY WARRANTY, STRICT LIABILITY OR OTHERWISE SHALL NOT EXCEED THE NET VALUE OF THE PRODUCTS DELIVERED, WHICH WERE THE CAUSE OF THE DAMAGE OR TO CHF 25'OOO (TWENTY FIVE FIFE THOUSAND SWISS FRANCS) WHICHEVER IS HIGHER, UNLESS UN- LESS CLAIMS ARISE FROM GROSS NEGLIGENCE OR WILFUL WIL- FUL MISCONDUCT OF THE SELLER.
Appears in 2 contracts
Samples: General Terms and Conditions of Sale, General Terms and Conditions of Sale
Overall Limitation of Liability. NOTWITHSTANDING ANYTHING TO THE CON-TRARY CONTRARY IN THIS CONTRACT, INCLUDING ALL DOCUMENTS MAKING PART THEREOF AND TO THE MAXIMUM EXTENT PERMITTED PERMIT- XXX BY LAW, IN NO EVENT SHALL SELLER SUPPLIER BE LIABLE TO THE BUYER FOR LOSS OF PROFIT OR REVENUE, LOSS OF USE, INTERRUPTION OF PRODUCTION, COST OF CAPITAL, COST OF PURCHASED OR REPLACEMENT POWER, ANY AND ALL COSTS RELATING TO DELAY, OR FOR INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR CLAIMS BY THE BUYER’S CUS-TOMERS CUSTOMERS FOR SUCH DAMAGES, IN CONNECTION CONNEC- TION WITH THIS CONTRACT, WHETHER SUCH LIABILITY IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCENEGLI- GENCE), STATUTE OR ANY OTHER BASIS OF LEGAL LIABILITYLIA- BILITY. THE REMEDIES OF BUYER SET FORTH HEREIN ARE EXCLUSIVE, AND SELLER'S LIABILITY WITH RESPECT TO ANY CONTRACT, INDEMNITY, TORT (INCLUDING NEGLIGENCENEG- LIGENCE), UNDER ANY WARRANTY, STRICT LIABILITY OR OTHERWISE SHALL NOT EXCEED THE NET VALUE OF THE PRODUCTS DELIVERED, WHICH WERE THE CAUSE OF THE DAMAGE OR TO CHF 25'OOO (TWENTY FIVE FIFE THOUSAND SWISS FRANCS) WHICHEVER IS HIGHER, UNLESS UN- LESS CLAIMS ARISE FROM GROSS NEGLIGENCE OR WILFUL WIL- FUL MISCONDUCT OF THE SELLER.
Appears in 2 contracts
Samples: General Terms and Conditions of Sale and Delivery, General Terms and Conditions of Sale and Delivery
Overall Limitation of Liability. NOTWITHSTANDING ANYTHING TO THE CON-TRARY CONTRARY IN THIS CONTRACT, INCLUDING ALL DOCUMENTS MAKING PART THEREOF AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL SELLER BE LIABLE TO THE BUYER FOR LOSS OF PROFIT OR REVENUE, LOSS OF USE, INTERRUPTION OF PRODUCTION, COST OF CAPITAL, COST OF PURCHASED OR REPLACEMENT POWER, ANY AND ALL COSTS RELATING TO DELAY, OR FOR INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR CLAIMS BY THE BUYER’S CUS-TOMERS CUSTOMERS FOR SUCH DAMAGES, IN CONNECTION WITH THIS CONTRACT, WHETHER SUCH LIABILITY IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE OR ANY OTHER BASIS OF LEGAL LIABILITY. THE REMEDIES OF BUYER SET FORTH HEREIN ARE EXCLUSIVE, AND SELLER'S LIABILITY WITH RESPECT TO ANY CONTRACT, INDEMNITY, TORT (INCLUDING NEGLIGENCE), UNDER ANY WARRANTY, STRICT LIABILITY OR OTHERWISE SHALL NOT EXCEED THE NET VALUE OF THE PRODUCTS DELIVERED, WHICH WERE THE CAUSE OF THE DAMAGE OR TO CHF 25'OOO GPB 20'OOO (TWENTY FIVE FIFE THOUSAND SWISS FRANCSPOUND STERLING) WHICHEVER IS HIGHER, UNLESS CLAIMS ARISE FROM GROSS NEGLIGENCE OR WILFUL MISCONDUCT OF THE SELLER.
Appears in 2 contracts
Samples: General Terms and Conditions of Sale, General Terms and Conditions of Sale
Overall Limitation of Liability. NOTWITHSTANDING ANYTHING TO THE CON-TRARY CONTRA- RY IN THIS CONTRACT, INCLUDING ALL DOCUMENTS DOCU- MENTS MAKING PART THEREOF AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL SELLER BE LIABLE TO THE BUYER FOR LOSS OF PROFIT OR REVENUE, LOSS OF USE, INTERRUPTION OF PRODUCTION, COST OF CAPITAL, COST OF PURCHASED OR REPLACEMENT REPLACE- MENT POWER, ANY AND ALL COSTS RELATING TO DELAY, OR FOR INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR CLAIMS BY THE BUYER’S CUS-TOMERS CUSTOMERS FOR SUCH DAMAGES, IN CONNECTION WITH THIS CONTRACTCON- TRACT, WHETHER SUCH LIABILITY IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE OR ANY OTHER BASIS OF LEGAL LIABILITYLIABIL- ITY. THE REMEDIES OF BUYER SET FORTH HEREIN ARE EXCLUSIVE, AND SELLER'S LIABILITY WITH RESPECT TO ANY CONTRACT, INDEMNITY, TORT (INCLUDING NEGLIGENCE), UNDER ANY WARRANTYWAR- RANTY, STRICT LIABILITY OR OTHERWISE SHALL NOT EXCEED THE NET VALUE OF THE PRODUCTS DELIVERED, WHICH WERE THE CAUSE OF THE DAMAGE OR TO CHF 25'OOO (TWENTY FIVE FIFE THOUSAND SWISS FRANCS) WHICHEVER IS HIGHER, UNLESS CLAIMS ARISE FROM GROSS NEGLIGENCE OR WILFUL MISCONDUCT OF THE SELLER.
Appears in 1 contract
Samples: General Terms and Conditions of Sale