Common use of Supplier’s Liability Clause in Contracts

Supplier’s Liability. [Note: Only use this provision where the British Council has agreed that the Supplier should be allowed to limit its liability] 4.1 Subject to the limitation of liability provisions in the Standard Terms (Schedule 4), the total liability of the Supplier to the British Council whether in contract, tort, negligence, breach of statutory duty or otherwise for any direct loss or damage, costs or expenses arising under or in connection with this Agreement shall not exceed [insert figure in numbers and words] for each claim or instance of liability. [Insert here definition and specification of the Services. If these are consultancy services, this may include the terms of reference issued by the British Council and/or any end client.] [Insert here definition and specification of the Goods.] The Charges for the Services and/or Goods will be [insert details] [e.g. monthly charge/fixed sum paid against an agreed payment schedule/daily or hourly rates/unit charges/price list for a range of products. If the Agreement is for the provision of consultancy on a daily basis, state the maximum number of days]. [NB: Include details of any agreed expenses]. [Note: The following is an example (relating to the supply of Services) only and can be deleted or adapted as necessary:] [The Charges set out above are an all inclusive fee except for those additional expenses specifically referred to below, and covers all preparation, report writing and all other work, which is carried out in [