Common use of Damages and product liability Clause in Contracts

Damages and product liability. All claims for damages are excluded in cases of slight negligence. This does not apply to person- al injury and in consumer business for damage to parts taken on for further processing. The pres- ence of slight or gross negligence is to be proven by the injured party, unless it concerns a con- sumer business contract. If it is not a consumer business contract, the absolute statute of limita- tion of damage claims is 3 years from the trans- fer of risk. The regulations on damages in these T&Cs or any other terms agreed only apply if the claim for damages is made separately or instead of a warranty claim. Recourse claims as specified in § 12 of Austrian product liability law are excluded, unless the party justified for recourse proves that the fault and as a consequence the damage resulting from the original association of this fault can be attributed to stem from our area of control and are a result of gross negligence or intent. Moreover, if the goods are supplied to resellers, the liability for damages deduced from product liability law, and any product liability claims deduced from other regulations, are excluded. In turn, resellers are obliged to state in contracts with their customers this exclusion of liability for damages as mentioned above (except in the case of end consumers). If this contractual obligation is not fulfilled, the receiver is liable for all damages that occur jointly and separately. The supplier is obliged to take out sufficient third party insurance and is to present the policy on demand. The goods supplied offer only the level of reliability that can be expected based on the content of standards, permits, descriptions in technical datasheets, user manuals, instructions from the supplier's works on handling and range of applications or application conditions as well as maintenance and other information provided at the time the contract is signed.

Damages and product liability. All claims for damages are excluded in cases of slight negligenceneg- ligence. This does not apply to person- al personal injury and in consumer con- sumer business for damage to parts taken on for further processing. The pres- ence presence of slight or gross negligence is to be proven by the injured party, unless it concerns a con- sumer consumer business contract. If it is not a consumer business busi- ness contract, the absolute statute of limita- tion limitation of damage dam- age claims is 3 years from the trans- fer transfer of risk. The regulations regula- tions on damages in these T&Cs or any other terms agreed only apply if the claim for damages is made separately or instead of a warranty claim. Recourse claims as specified in § 12 of Austrian product liability law are excluded, unless the party justified for recourse proves that the fault and as a consequence the damage resulting from the original association as- sociation of this fault can be attributed to stem from our area of control and are a result of gross negligence or intentin- tent. Moreover, if the goods are supplied to resellers, the liability for damages deduced from product liability law, and any product liability claims deduced from other regulationsregu- lations, are excluded. In turn, resellers are obliged to state in contracts with their customers this exclusion of liability liabili- ty for damages as mentioned above (except in the case of end consumers). If this contractual obligation is not fulfilledful- filled, the receiver is liable for all damages that occur jointly joint- ly and separately. The supplier is obliged to take out sufficient third party insurance and is to present the policy on demand. The goods supplied offer only the level of reliability that can be expected based on the content of standards, permits, descriptions in technical datasheets, user manuals, instructions from the supplier's works on handling and range of applications or application conditions condi- tions as well as maintenance and other information provided pro- vided at the time the contract is signed.