SPECIAL OR CONSEQUENTIAL LOSSES Clause Samples
The "Special or Consequential Losses" clause defines the exclusion or limitation of liability for losses that are not a direct result of a breach, but rather arise from specific circumstances or indirect consequences. In practice, this clause typically prevents one party from claiming damages for losses such as lost profits, loss of business opportunities, or reputational harm that occur as a knock-on effect of the other party's actions. Its core function is to allocate risk by ensuring that liability is limited to foreseeable, direct losses, thereby providing certainty and preventing disproportionate claims for remote or unpredictable damages.
SPECIAL OR CONSEQUENTIAL LOSSES. THE REMEDIES PROVIDED IN THIS AGREEMENT SHALL BE THE SOLE AND EXCLUSIVE REMEDIES OF SUPPLIER (INCLUDING THIRD PARTY CLAIMS). WAVIN SHALL NOT BE LIABLE TO SUPPLIER FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY NATURE SUCH AS (BUT NOT LIMITED TO), DELAY DAMAGE, DAMAGE DUE TO BUSINESS INTERRUPTION, LOST PROFITS, LOST SAVINGS, LOST REVENUE, MISSED OPPORTUNITIES, LOSS OF GOODWILL, LOSS OF DATA, REPUTATIONAL DAMAGES OR FORFEITED PENALTIES OR FINES, WHETHER OR NOT SUCH DAMAGES ARE BASED ON TORT, WARRANTY, CONTRACT OR ANY OTHER LEGAL THEORY.
SPECIAL OR CONSEQUENTIAL LOSSES. The remedies provided in this Agreement shall be the sole and exclusive remedies of customer (including third party claims). Seller shall not be liable to Customer for any indirect, special or consequential damages of any nature such as (but not limited to), delay damage, damage due to business interruption, lost profits, lost savings, lost revenue, missed opportunities, loss of goodwill, loss of data, reputational damages or forfeited penalties or fines, whether or not such damages are based on tort, warranty, contract or any other legal theory.