Common use of Compensation and Limitation of Liability Clause in Contracts

Compensation and Limitation of Liability. 6.1. In case of a breach of contract on the part of CONDAIR, the Customer may demand compensation for direct damages resulting from the breach. CONDAIR cannot be held liable for the Customer’s operating losses, loss of profits or other indirect losses resulting from delayed delivery or defects with the product. Nor can CONDAIR be held liable for claims exceeding the invoice amount, exclusive of VAT. 6.2. If, as part of the performance of the task, CONDAIR delivered or was referred to products by the Customer which were produced or developed by other parties than CONDAIR, CONDAIR shall not incur any liability whatsoever that extends beyond the amount CONDAIR can claim from the supplier of the respective products. Under no circumstances shall CONDAIR be liable for advice, dimensioning or other project planning carried out by the Customer or a third party. 6.3. CONDAIR shall not be held liable for defects resulting from unpacking, lack of compliance with operating instructions, including but not limited to incorrect use, exposure to mechanical effects and stress, lack of compliance with limit values for temperature, voltage, incorrect operation, lack of preventive or improper maintenance, replacements using non-original components, the customer’s own changes to the installation or due to external matters that cannot be attributed to CONDAIR or CONDAIR’s installation. 6.4. In case of delays, CONDAIR’s liability shall be limited such that CONDAIR’s total liability for daily fines and compensation claims cannot exceed an amount corresponding to 10% of the invoice amount. 6.5. CONDAIR has the right/duty to remedy all defects and deficiencies providing that the remedy is feasible and can take place without significant drawbacks for the Customer. 6.6. The Customer loses the right to compensation if such claims are not submitted in writing within 7 days of the time when the defect was realised, though no later than one year from the time of delivery.