Common use of Liability Clause in Contracts

Liability. 9.1 Claims for damages shall be excluded regardless of the nature of the breach of duty including tort, insofar as these are not based on wilful intent or gross negligence on our part or on the part of our legal representatives, employees or vicarious agents or on a culpable breach of material contractual obligations. Material contractual obligations are those, the fulfilment of which is required to achieve the intended purpose of the contract and compliance with which the Buyer regularly relies on or may rely on. In the event of a breach of material contractual obligations due to simple negligence, our liability shall be limited to the foreseeable damages typical for the contract. 9.2 The limitation of liability and/or waiver shall not apply to claims that have arisen as result of fraudulent conduct on our part, and in the case of liability for guaranteed characteristics, to claims under the German Product Liability Act (ProdHaftG, Produkthaftungsgesetz) and to damages arising from death or injury to body and health. 9.3 The above liability provisions shall also apply if, instead of compensation for damages, the Buyer demands reimbursement of wasted expenditure in place of performance. 9.4 Insofar as our liability is excluded or limited, this shall also apply to our employees as well as to our representatives and vicarious agents.

Liability. 9.1 Claims for damages shall be excluded regardless of the nature of the breach of duty including tort, insofar as these are not based on wilful intent or gross negligence on our part or on the part of our legal representatives, employees or vicarious agents or on a culpable breach of material contractual obligations. Material contractual obligations are those, the fulfilment of which is required to achieve the intended purpose of the contract and compliance compli- ance with which the Buyer regularly relies on or may rely on. In the event of a breach of material contractual obligations due to simple negligence, our liability shall be limited to the foreseeable damages typical for the contract. 9.2 The limitation of liability and/or waiver shall not apply to claims that have arisen as result of fraudulent conduct on our part, and in the case of liability for guaranteed characteristicscharac- teristics, to claims under the German Product Liability Act (ProdHaftG, ProdukthaftungsgesetzProdukthaftungsge- setz) and to damages arising from death or injury to body and health. 9.3 The above liability provisions shall also apply if, instead of compensation for damages, the Buyer demands reimbursement of wasted expenditure in place of performanceperfor- mance. 9.4 Insofar as our liability is excluded or limited, this shall also apply to our employees as well as to our representatives and vicarious agents.