TOTAL LIABILITY Musterklauseln

TOTAL LIABILITY. Beyond the regulations in Clauses 4.10 and 4.11 as well as 7.13 any liability on our part - regardless of the legal nature of any claim(s) asserted - shall be excluded, unless we are liable in accordance with the following regulations: 8.1 Irrespective of the legal nature of the claims asserted, we are without any limitation liable to the customer for damages which have been caused by intent or gross negligence by our legal representatives or executive employees or by intent from other vicarious agents. 8.2 Additionally, we assume unlimited liability towards the customer for damages arising from loss of life, bodily harm and injury or illness, physical injury or damage to health, from the assuming of a guarantee or a procurement risk, the Product Liability Act, if we have fraudulently concealed a defect, as well as in the case of initial inability or impossibility attributable to Doppstadt. 8.3 Furthermore, we shall be liable for damages resulting from the breach of an essential contractual obligation, i.e. an obligation, the fulfilment of which is essential for due implementation of the contract and on which the contractual partner can reasonably expect to be able to rely. In this case, liability is limited to the foreseeable and typically occurring damage. 8.4 Furthermore, we shall be liable for damages caused by the grossly negligent behaviour of other vicarious agents, whereas liability shall be also limited to those damages which can be expected to typically occur within the framework of a contract at hand. 8.5 If, regardless of liability limitations set forth in the preceding clauses, a manufacturer's liability exists, then for any damage to property and/or a further resulting financial loss, liability shall be limited to the amount of compensation from the insurer. This does not apply, if the insurance does not or does not fully cover the damage, in which case we are liable up to the amount of coverage. 8.6 In so far as our liability is excluded or limited, this shall also apply in favour of our employees or other vicarious agents in the event that the customer brings a claim directly against them.