Common use of FOCBS liability Clause in Contracts

FOCBS liability. The FOCBS shall be liable towards the EETS provider solely for physical injury and other damage caused intentionally or through gross negligence. The liability of the FOCBS is excluded in all other circumstances. Liability for other damages is limited to what was typical and foreseeable for the contract. The FOCBS accepts no liability for damage arising from or in connection with the electronic exchange of data or information. In particular, it shall not be liable for damage resulting from transmission errors, technical defects, malfunctions or interruptions of its electronic connections (including interface), illegal interference with telecommunications equipment, virus infiltration, copying and falsification of content, network overload, failure to detect forgeries, identity or credential defects, or wilful or accidental blocking of electronic connections by third parties. This exclusion of liability concerns in particular the EETS portal and communication the system of the EETS provider and the EETS provider's on-board units in the territory of Switzerland or the Principality of Liechtenstein. Similarly, the FOCBS accepts no liability for any damage resulting from the possible involvement of third parties in the performance of this contract. Claims of the EETS provider against the FOCBS arising from the conclusion of EETS approval contracts with other providers are thus excluded.