Common use of LIMITATION OF LIABILITY – THE CUSTOMER’S ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE Clause in Contracts

LIMITATION OF LIABILITY – THE CUSTOMER’S ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE. 10.1 The limits and exclusions in this clause reflect the insurance cover the Supplier has been able to arrange, and the Customer is responsible for making its own arrangements for the insurance of any excess loss. 10.2 References to liability in this clause 10 include every kind of liability arising under or in connection with the Contract including liability in contract, tort (including negligence), misrepresentation, restitution or otherwise. 10.3 Nothing in this clause 10 shall limit the Customer's payment obligations under the Contract. 10.4 Nothing in the Contract limits any liability which cannot legally be limited, including liability for: 10.4.1 death or personal injury caused by negligence; or 10.4.2 fraud or fraudulent misrepresentation. 10.5 Subject to clause 10.4 (Liabilities which cannot legally be limited), the Supplier's maximum liability to the Customer for any and all loss, damage, claims or series of claims arising out of or in connection with this Contract shall not exceed the aggregate value of the Goods purchased by the Customer from the Supplier, which are giving rise to the specific liability or claim. 10.6 Subject to clause 10.3 (No limitation of customer's payment obligations) and clause

Appears in 1 contract

Sources: Supply Agreement

LIMITATION OF LIABILITY – THE CUSTOMER’S ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE. 10.1 12.1 The limits and exclusions in this clause reflect the insurance cover the Supplier has been able to arrange, and the Customer is responsible for making its own arrangements for the insurance of any excess loss. 10.2 12.2 References to liability in this clause 10 12 include every kind of liability arising under or in connection with the Contract including liability in contract, tort (including negligence), misrepresentation, restitution or otherwise. 10.3 12.3 Nothing in this clause 10 12 shall limit the Customer's payment obligations under the Contract. 10.4 12.4 Nothing in the Contract limits any liability which cannot legally be limited, including liability for: 10.4.1 12.4.1 death or personal injury caused by negligence; or 10.4.2 12.4.2 fraud or fraudulent misrepresentation. 10.5 12.5 Subject to clause 10.4 12.4 (Liabilities which cannot legally be limited), the Supplier's maximum liability to the Customer for any and all loss, damage, claims or series of claims arising out of or in connection with this Contract shall not exceed the aggregate value of the Goods purchased by the Customer from the Supplier, which are giving rise to the specific liability or claim. 10.6 12.6 Subject to clause 10.3 12.3 (No limitation of customer's payment obligations) and clause

Appears in 1 contract

Sources: Supply Agreement