Liability / Damages. 8.1 The Agent (Management Consultant) shall be liable to the Principal for damages - with the exception of personal injury – only to the extent that these are the result of serious fault (intention or gross negligence). Correspondingly, this also applies to damages resulting from third parties employed by the Agent.
Liability / Damages. 7.1 Scansonic’s liability is subject to statutory provisions to the extent claims based on any injury to life, limb or health or based on the violation of ma- terial contractual obligations are asserted against Scansonic, irrespective of the reason therefor. Mate- rial contractual obligations are obligations the fulfil- ment of which is required in order to fulfil the con- tract, including without limitation the obligation to deliver and install the subject matter of the contract in due time, the obligation to guarantee that the sub- ject matter of the contract is free from defects of title and free from quality defects which would materially impair its functionality or fitness for use, as well as the duty to advise, duty of care and duty of custodial care, which are to enable the customer to use the subject matter of the contract as agreed upon in the contract or that are to protect the life, limb or health of the customer’s employees or the customer’s prop- erty from material damage.