Common use of Other Claims for Damages Clause in Contracts

Other Claims for Damages. 1. Unless otherwise provided for in the present GL, the Purchaser has no claim for damages based on whatever legal reason, including infringement of duties arising in connection with the contract or tort. 2. This does not apply if liability is based on: (a) the German Product Liability Act (“Produkthaftungsgesetz”); (b) intent; (c) gross negligence on the part of the owners, legal representatives or executives; (d) fraud; (e) failure to comply with a guarantee granted; (f) negligent injury to life, limb or health; or (g) negligent breach of a fundamental condition of contract (“wesentliche Vertragspflichten”). However, claims for damages arising from a breach of a fundamental condition of contract shall be limited to the foreseeable damage which is intrinsic to the contract, provided that no other of the above case applies. 3. The above provision does not imply a change in the burden of proof to the detriment of the Purchaser.

Other Claims for Damages. 1. Unless otherwise provided for in the present GL, the Purchaser has no claim for damages based on whatever legal reason, including infringement of duties arising in connection with the contract or tort. 2. This does not apply if liability is based on: (a) the German Product Liability Act (“Produkthaftungsgesetz”); (b) intent; (c) gross negligence on the part of the owners, legal representatives or executives; (d) fraud; (e) failure to comply with a guarantee granted; (f) negligent injury to life, limb or health; or (g) negligent breach of a fundamental condition of contract (“wesentliche Vertragspflichten”). However, claims for damages arising from a breach of a fundamental condition of contract shall be limited to the foreseeable damage which is intrinsic to the contract, provided that no other of the above case applies. 3. The above provision does not imply a change in the burden of proof to the detriment of the PurchaserPurchaser .

Other Claims for Damages. 1. Unless otherwise provided for in the present GLGTDs, the Purchaser has no claim for damages based on whatever legal reason, including infringement of duties arising in connection with the contract or tort. 2. This does not apply if liability is based on: (a) the German Product Liability Act (“Produkthaftungsgesetz”); (b) intent; (c) gross negligence on the part of the owners, legal representatives or executives; (d) fraud; (e) failure to comply with a guarantee granted; (f) negligent injury to life, limb or health; or (g) negligent breach of a fundamental condition of contract (“wesentliche Vertragspflichten”). However, claims for damages arising from a breach of a fundamental condition of contract shall be limited to the foreseeable damage which is intrinsic to the contract, provided that no other of the above case applies. 3. The above provision does not imply a change in the burden of proof to the detriment of the Purchaser.

Other Claims for Damages. 1. Unless otherwise provided for in the present GL, the Purchaser has no claim for damages based on whatever legal reason, including infringement of duties arising in connection with the contract or tort. 2. This does not apply if liability is based on: (a) the German Product Liability Act (“Produkthaftungsgesetz”); (b) intent; (c) gross negligence on the part of the owners, legal representatives or executives; (d) fraud; (e) failure to comply with a guarantee granted; (f) negligent injury to life, limb or health; or (g) negligent breach of a fundamental condition of contract (“wesentliche Vertragspflichten”). However, claims for damages arising from a breach of a fundamental condition of contract shall be limited to the foreseeable damage which is intrinsic to the contract, provided that no other of the above case applies. 3. The above provision does not imply a change in the burden of proof to the detriment of the Purchaser.