Damages. 11.1 Regardless of the nature of the damage, the Buyer is entitled to claim damages only if the claim is based on a violation of an agreement or neglect of duties resulting from the wilful misconduct or gross negligence of TSS or its legal representative. This applies also to TSS’s recommendations concerning certain materials and material types as well as the use of products.
11.2 Any liability of TSS is limited to the purchase price paid by the Buyer for the product at the most.
11.3 Unless otherwise stated in these terms and conditions, all of the Buyer’s claims for compensation of other types of damage are excluded. This applies also to claims for compensation of financial losses and indirect damages, e.g. losses in production. This limitation of liability concerns also the assistants used by TSS in delivering the order.
11.4 The limitation of liability defined in section 11.3 does not apply to the requirements of the Product Liability Act.
11.5 If a third party calls TSS to account in a domestic or foreign court for product liability or for violation of authorities’ safety regulations, TSS is entitled to claim compensation of the incurred costs from the Buyer in accordance with tort legislation applicable to TSS, if the Buyer, while concluding the agreement or otherwise, has not informed TSS about all the later purposes of use of the products delivered by TSS and this failure to inform is the reason for the incurred damage.
Damages. Customer is fully liable for all the damages that occur during the customer’s rental time. Customer is also liable for the damages that occur after the rental time due to the actions or carelessness of the customer or his/her guests. Staying/partying in the corridor between the club facility and sauna area is prohibited. The facility has to be cleaned the way instructed. If the cleaning instructions are not followed Boomi ry will charge the customer for the additional costs. If there are any markings close to the facility after the rental time, Boomi ry will charge for the additional cleaning costs and an additional fee of 150 €. Customer is responsible for any false alarms, that happen during the rental. Xxxxx ry will charge a fee of 50€ if the chairs and tables are organized improperly after the rent. If Boomi ry is forced to give discounts to subsequent customer(s) due to the damages afflicted by the customer, Boomi ry will charge the given discounts from the former customer.
Damages. Both contracting parties have the right to receive compensation for any direct losses or material damages that the affected party proves to have been caused by a breach of this Agreement due to negligence or wilful misconduct by the other party. Liability for damages is limited to the annual payments paid under this Agreement within each calendar year, with a maximum of EUR 10,000. The limitation of liability does not apply, if the affected party can show that the breach was caused by gross negligence or wilful misconduct of the party in breach. If this Agreement is terminated prematurely, the Seller will always have the right to receive full compensation for incurred losses (e.g. the value of already acquired electricity). The contracting parties are not responsible for each other for any indirect or consequential losses, such as an interruption in production, unreceived profit or suffered losses.