Common use of General Clause in Contracts

General. (a) Insofar as not otherwise provided for herein, including the following provisions, Service Provider shall be liable according to the relevant statutory provisions in case of a breach of contractual and non-contractual duties. (b) Service Provider shall be liable for damages – irrespective for what legal grounds – in case of wilful intent and gross negligence. With slight negligence, Service Provider shall only be liable for damages from the breach of a material contractual duty (i.e. those duties whose fulfilment is required in order to allow the contract to be duly performed and in relation to which Customer is entitled to regularly rely on for Services); in this case Service Provider’s liability is, however, limited to the reimbursement of the reasonably foreseeable, typically occurring damages. (c) This limitation of liability does not apply to damages from the injury to life, body or health. (d) Customer is aware that Service Provider has not created and/or examined the data transmitted via Platform. Therefore, Service Provider is not liable for such data, their legality, completeness, accuracy or up-to-date nature, nor is Service Provider liable for such data being free of any third party’s Intellectual Property rights. Service Provider is not liable for damages arising from downloading or another use of unchecked harmful data via Platform. EN_Transporeon_Platform_User_Agreement_GTC_V3.0 (e) The limitations of liability stated above shall not apply if Service Provider has maliciously failed to disclose a defect or has assumed a guarantee for the condition of Services. The same shall apply to claims of Customer according to the Product Liability Act (Produkthaftungsgesetz), if applicable. (f) To the extent Service Provider’s liability for damages is excluded or limited, this shall also apply with regard to the personal liability for damages of its representatives, employees and other vicarious agents.

General. (a) Insofar as not otherwise provided for herein, including the following provisions, Service Provider shall be liable according to the relevant statutory provisions in case of a breach of contractual and non-contractual duties. (b) Service Provider shall be liable for damages – irrespective for what legal grounds – in case of wilful willful intent and gross negligence. With slight negligence, Service Provider shall only be liable for damages from the breach of a material contractual duty (i.e. those duties whose fulfilment is required in order to allow the contract to be duly performed and in relation to which Customer is entitled to regularly rely on for Services); in this case Service Provider’s liability is, however, limited to the reimbursement of the reasonably foreseeable, typically occurring damages. (c) This limitation of liability does not apply to damages from the injury to life, body or health. (d) Customer is aware that Service Provider has not created and/or examined the data transmitted via Platform. Therefore, Service Provider is not liable for such data, their legality, completeness, accuracy or up-to-date nature, nor is Service Provider liable for such data being free of any third partyThird Party’s Intellectual Property rights. Service Provider is not liable for damages arising from downloading or another use of unchecked harmful data via Platform. EN_Transporeon_Platform_User_Agreement_GTC_V3.0Any liability in accordance with §§7 et seq. Telemedia Act (Telemediengesetz, “TMG”) remains unaffected. (e) The limitations of liability stated above shall not apply if Service Provider has maliciously failed to disclose a defect or has assumed a guarantee for the condition of Services. The same shall apply to claims of Customer according to the Product Liability Act (Produkthaftungsgesetz), if applicable. (f) To the extent Service Provider’s liability for damages is excluded or limited, this shall also apply with regard to the personal liability for damages of its representatives, employees and other vicarious agents.

General. (a) Insofar as not otherwise provided for herein, including the following provisions, Service Provider shall be liable according to the relevant statutory provisions in case of a breach of contractual and non-contractual duties. (b) Service Provider shall be liable for damages – irrespective for what legal grounds – in case of wilful intent and gross negligence. With slight negligence, Service Provider shall only be liable for damages from the breach of a material contractual duty (i.e. those duties whose fulfilment is required in order to allow the contract to be duly performed and in relation to which Customer is entitled to regularly rely on for Services); in this case Service Provider’s liability is, however, limited to the reimbursement of the reasonably foreseeable, typically occurring damages. (c) This limitation of liability does not apply to damages from the injury to life, body or health. (d) Customer is aware that Service Provider has not created and/or examined the data transmitted via Platform. Therefore, Service Provider is not liable for such data, their legality, completeness, accuracy or up-to-date nature, nor is Service Provider liable for such data being free of any third party’s Intellectual Property rights. Service Provider is not liable for damages arising from downloading or another use of unchecked harmful data via Platform. EN_Transporeon_Platform_User_Agreement_GTC_V3.0. (e) The limitations of liability stated above shall not apply if Service Provider has maliciously failed to disclose a defect or has assumed a guarantee for the condition of Services. The same shall apply to claims of Customer according to the Product Liability Act (Produkthaftungsgesetz), if applicable. (f) To the extent Service Provider’s liability for damages is excluded or limited, this shall also apply with regard to the personal liability for damages of its representatives, employees and other vicarious agents.