Common use of Overall Limitation of Liability Clause in Contracts

Overall Limitation of Liability. Nouryon will not be liable for any loss or damage caused by Buyer’s failure to exercise effective quality control or the failure to store, use or otherwise handle the Goods as advised or in accordance with instructions provided by Nouryon or industry standards. NOURYON WILL NOT BE LIABLE TO BUYER, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF STATUTORY DUTY OR OTHERWISE FOR ANY LOSS OF PROFIT, LOSS OF BUSINESS, DIMINUTION IN VALUE, OR DEPLETION OF GOODWILL OR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL LOSS OR DAMAGE. NOURYON’S AGGREGATE LIABILITY TO BUYER IN RESPECT OF ANY AND ALL LOSSES ARISING UNDER OR IN CONNECTION WITH THE AGREEMENT WILL IN NO WAY EXCEED THE PRICE OF THE GOODS TO WHICH THE CLAIM RELATES OR EUR 200,000, WHICHEVER IS THE LOWER.