Common use of Liability Clause in Contracts

Liability. 9.1 Within the scope of fault-based liability, we are liable - irrespective of the legal grounds - without limitation in case of intent and gross negligence. In the event of simple negligence, we are liable, subject to statutory limitations of liability (e.g. diligence in own affairs; insignificant breach of duty), only in the following cases: 9.1.1 damages resulting from injury to life, body or health (unlimited liability), 9.1.2 damages arising from the breach of a material contractual obligation (an obligation whose fulfilment is essential for the proper performance of the contract and on whose fulfilment the contractual partner regularly relies and may rely); in this case, however, our liability is limited to compensation for the typically foreseeable damage. 9.2 The typically foreseeable damage for the type of contract within the meaning of 9.1.2 above amounts to EUR 500’000 per claim. 9.3 In all other respects, liability is excluded. 9.4 The limitations and exclusions of liability also apply in favour of our vicarious agents and legal representatives. They do not apply if a defect has been fraudulently concealed or a guarantee for the quality of an item has been given or in the case of liability under the Product Liability Act. 9.5 With respect to a breach of duty that is not a defect, the Client may only revoke or terminate the contract if we are responsible for the breach of duty. A free right of termination of the Client (in particular according to Sec. 648 BGB) is excluded. In all other respects, the statutory requirements and legal consequences apply.

Appears in 3 contracts

Samples: Allgemeine Geschäftsbedingungen, Allgemeine Geschäftsbedingungen, Allgemeine Geschäftsbedingungen

Liability. 9.1 Within the scope of fault-based liability, we are liable - irrespective of the legal grounds - without limitation in case of intent and gross negligence. In the event of simple negligence, we are liable, subject to statutory limitations of liability (e.g. diligence in own affairs; insignificant breach of duty), only in the following cases: 9.1.1 damages resulting from injury to life, body or health (unlimited liability), 9.1.2 damages arising from the breach of a material contractual obligation (an obligation whose fulfilment is essential for the proper performance of the contract and on whose fulfilment the contractual partner regularly relies and may rely); in this case, however, our liability is limited to compensation for the typically foreseeable damage. 9.2 The typically foreseeable damage for the type of contract within the meaning of 9.1.2 above amounts to EUR 500’000 per claimten times the remuneration paid by the client for those of our services that led to the damage. 9.3 In all other respects, liability is excluded. 9.4 The limitations and exclusions of liability also apply in favour of our vicarious agents and legal representatives. They do not apply if a defect has been fraudulently concealed or a guarantee for the quality of an item has been given or in the case of liability under the Product Liability Act. 9.5 With respect to a breach of duty that is not a defect, the Client may only revoke or terminate the contract if we are responsible for the breach of duty. A free right of termination of the Client (in particular according to Sec. 648 BGB) is excluded. In all other respects, the statutory requirements and legal consequences apply.

Appears in 1 contract

Samples: Allgemeine Geschäftsbedingungen

Liability. 9.1 Within the scope of fault-based liability, we are liable - irrespective of the legal grounds - without limitation in case of intent and gross negligence. In the event of simple negligence, we are liable, subject to statutory limitations of liability (e.g. diligence in own affairs; insignificant breach of duty), only in the following cases: 9.1.1 damages resulting from injury to life, body or health (unlimited liability), 9.1.2 damages arising from the breach of a material contractual obligation (an obligation whose fulfilment is essential for the proper performance of the contract and on whose fulfilment the contractual partner regularly relies and may rely); in this case, however, our liability is limited to compensation for the typically foreseeable damage. 9.2 The typically foreseeable damage for the type of contract within the meaning of 9.1.2 above amounts to EUR 500’000 250’000 per claim. 9.3 In all other respects, liability is excluded. 9.4 The limitations and exclusions of liability also apply in favour of our vicarious agents and legal representatives. They do not apply if a defect has been fraudulently concealed or a guarantee for the quality of an item has been given or in the case of liability under the Product Liability Act. 9.5 With respect to a breach of duty that is not a defect, the Client may only revoke or terminate the contract if we are responsible for the breach of duty. A free right of termination of the Client (in particular according to Sec. 648 BGB) is excluded. In all other respects, the statutory requirements and legal consequences apply.

Appears in 1 contract

Samples: Allgemeine Geschäftsbedingungen

Liability. 9.1 Within the scope of fault-based liability, we are liable - irrespective of the legal grounds - without limitation in case of intent and gross negligence. In the event of simple negligence, we are liable, subject to statutory limitations of liability (e.g. diligence in own affairs; insignificant breach of duty), only in the following cases: 9.1.1 damages resulting from injury to life, body or health (unlimited liability), 9.1.2 damages arising from the breach of a material contractual obligation (an obligation whose fulfilment is essential for the proper performance of the contract and on whose fulfilment the contractual partner regularly relies and may rely); in this case, however, our liability is limited to compensation for the typically foreseeable damage. 9.2 The typically foreseeable damage for the type of contract within the meaning of 9.1.2 above amounts to EUR 500’000 250.000,00 per claim. 9.3 In all other respects, liability is excluded. 9.4 The limitations and exclusions of liability also apply in favour of our vicarious agents and legal representatives. They do not apply if a defect has been fraudulently concealed or a guarantee for the quality of an item has been given or in the case of liability under the Product Liability Act. 9.5 With respect to a breach of duty that is not a defect, the Client may only revoke or terminate the contract if we are responsible for the breach of duty. A free right of termination of the Client (in particular according to Sec. 648 BGB) is excluded. In all other respects, the statutory requirements and legal consequences apply.

Appears in 1 contract

Samples: Allgemeine Geschäftsbedingungen