Exclusion Clauses. 10.1 Nothing in this Agreement shall exclude or restrict the Company’s liability for death or personal injury resulting from the negligence of the Company or its employees or sub-contractors or agents which arise out of or in connection with the provision of the Services or shall exclude or restrict the Company’s liability for fraudulent misrepresentation or other fraud. 10.2 Subject to clause 10.1, the following provisions set out the Company’s entire liability (including any liability for the acts and omissions of its employees, sub-contractors and agents) to the Customer in respect of any breach of the Company’s contractual obligations arising under this Agreement and any representations, statement or tortuous act or omission including negligence arising under or in connection with this Agreement. 10.3 Subject to clause 10.1, the Company shall not be liable to the Customer for loss of profits or of goodwill or for any business interruption or other economic or financial losses or for any type of special, indirect or consequential loss (including loss or damage, costs or expenses suffered by the Customer as a result of an action brought or claim made by a third party) even if such loss was reasonably foreseeable or the Company had been advised of the possibility of the Customer incurring the same. 10.4 Subject to clause 10.1, the Company’s entire liability in respect of any one claim or series of claims arising out of one cause shall not exceed the amount of the Company’s Charges for the provision of the Services, except as expressly provided in these Terms and Conditions.
Appears in 2 contracts
Sources: Trading Terms & Conditions, Trading Terms & Conditions