Common use of FOCBS liability Clause in Contracts

FOCBS liability. The FOCBS shall be liable towards the Fuel card provider solely for physical injury and other damage caused intentionally or through gross negligence. The liability of the FOCBS is ex- cluded 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 connec- tions (including interface), illegal interference with telecommunications equipment, virus infil- tration, copying and falsification of content, network overload, failure to detect forgeries, iden- tity or credential defects, or wilful or accidental blocking of electronic connections by third parties. This exclusion of liability applies in particular to the FOCBS portal for users (web shop) and to communication between the system of the Fuel card provider and the FOCBS. Similarly, the FOCBS accepts no liability for any damage resulting from the possible involve- ment of third parties in the performance of this contract. Claims of the Fuel card provider against the FOCBS arising from the conclusion of Fuel card approval contracts with other providers are thus excluded.