Limitation on Buyer’s Liability Clause Samples
The Limitation on Buyer’s Liability clause sets a cap on the amount or types of damages the buyer can be held responsible for under the contract. Typically, this clause restricts the buyer’s liability to a specific dollar amount, the value of the contract, or excludes certain categories of damages such as consequential or indirect losses. By clearly defining the extent of the buyer’s financial responsibility, this clause provides predictability and protects the buyer from potentially unlimited or unforeseen claims, thereby allocating risk and ensuring both parties understand the boundaries of liability.
POPULAR SAMPLE Copied 7 times
Limitation on Buyer’s Liability. TO THE GREATEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES WHATSOEVER SHALL BUYER BE RESPONSIBLE OR LIABLE TO SELLER OR TO ANY THIRD PARTY FOR INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF REVENUE, LOSS OF PROFITS OR LOSS OF GOODWILL) REGARDLESS OF (A) WHETHER EITHER PARTY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES AND (B) THE LEGAL THEORY UPON WHICH SUCH CLAIM IS BASED, INCLUDING, BUT NOT LIMITED TO, THEORIES BASED ON CONTRACT, NEGLIGENCE, TORT OR RELIANCE. UNDER NO CIRCUMSTANCES SHALL BUYER’S LIABILITY EXCEED THE PURCHASE PRICE FOR THAT PORTION OF THE GOODS OR SERVICES WITH RESPECT TO WHICH THE CLAIM RELATES. ANY CLAIM FOR DAMAGES BY SELLER AGAINST BUYER ARISING IN ANY MANNER OR RELATED IN ANY WAY TO BUYER’S PURCHASE OF GOODS AND SERVICES HEREUNDER MUST BE COMMENCED WITHIN ONE YEAR AFTER THE CLAIM HAS ACCRUED.
Limitation on Buyer’s Liability. EXCEPT TO THE EXTENT ARISING OUT OF FRAUD, CRIMINAL MISREPRESENTATION OR WILLFUL MISCONDUCT, IN NO EVENT SHALL BUYER BE LIABLE TO THE SELLER INDEMNITEES FOR ANY EXEMPLARY, PUNITIVE, SPECIAL, REMOTE OR SPECULATIVE DAMAGES; provided, however, that if Seller is held liable to a third party for any of such damages and Buyer is obligated to indemnify Seller for the matter that gave rise to such damages, then Buyer shall be liable for, and obligated to reimburse Seller for, such damages.
Limitation on Buyer’s Liability. (a) No partner, member, employee, shareholder or agent of the Buyer, nor any Buyer-Related Entities, shall have any personal liability, directly or indirectly, under or in connection with this Agreement or any agreement made or entered into under or pursuant to the provisions of this Agreement, or any amendment or amendments to any of the foregoing made at any time or times, heretofore or hereafter, and the Sellers and their respective successors and assigns and, without limitation, all other persons and entities, shall look solely to the Buyer’s assets for the payment of any claim or for any performance, and the Sellers, on behalf of themselves and their successors and assigns, hereby waive any and all such personal liability.
(b) The provisions of this Section 13.6 shall survive all Closings hereunder or sooner termination of this Agreement.
Limitation on Buyer’s Liability. BUYER WILL NOT BE LIABLE FOR ANY SPECIAL, PUNITIVE, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOSS OF REVENUE, OR COST OF CAPITAL. Buyer’s liability on any claim of any kind for loss or damage arising out of or in connection with resulting from this Contract from the performance or breach thereof shall in no case exceed the price allocable to the Products which gives rise to the claim.
Limitation on Buyer’s Liability. Buyer will not be liable under any circumstances for consequential, incidental, or special damages of any kind or for damages in excess of the price allowable to the portion of the Products or Services on which the claim is based. Action on any claim against ▇▇▇▇▇ must commence within one year after the cause of action has accrued.
Limitation on Buyer’s Liability. In no event shall Buyer be liable for anticipated profits or for incidental or consequential damages. Buyer’s liability on any claim of any kind for any loss or damage arising out of or in connection with or resulting from the PO or from the performance or breach thereof shall not exceed the Price allocable to the Goods and/or Services which give rise to the claim. Buyer shall not be liable for penalties of any description. Any action resulting from any breach on the part of Buyer as to the Goods and/or Services delivered hereunder must be commenced within one year after the cause of action has occurred.
Limitation on Buyer’s Liability. In no event shall Buyer be liable to Seller for anticipated profits or for incidental or consequential damages. Buyer’s liability for a claim of any kind for any loss or damage arising out of or in connection with or resulting from this Purchase Order, or from any performance or breach, shall in no case exceed the price allocable to the goods or services, which directly gives rise to the claim.
Limitation on Buyer’s Liability a. IN NO EVENT SHALL BUYER BE LIABLE FOR ANTICIPATED PROFITS OR FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR FOR DAMAGES IN THE NATURE OF PENALTIES; BUYER'S LIABILITY ON ANY CLAIM OF ANY KINDFOR ANY LOSS OR DAMAGE ARISING OUT OF OR IN CONNECTION WITH OR RESULTING FROM THIS CONTRACT OR THE PERFORMANCE OR BREACH HEREOF SHALL IN NO CASE EXCEED THE PRICE ALLOCABLE, TO THE GOODS OR SERVICES OR PART THEREOF THAT GIVES RISE TO THE CLAIM. ANY ACTION RESULTING FROM ANY BREACH ON THE PART OF BUYER AS TO THE GOODS OR SERVICES SUPPLIED HEREUNDER SHALL BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION HAS ACCRUED.
Limitation on Buyer’s Liability. IN NO EVENT SHALL BUYER BE LIABLE TO SELLER FOR ANTICIPATED PROFITS OR FOR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND. IN NO EVENT SHALL BUYER’S MAXIMUM LIABILITY TO SELLER EXCEED THE FACE VALUE OF THIS PURCHASE ORDER.
Limitation on Buyer’s Liability. IN NO EVENT SHALL BUYER BE LIABLE FOR LOSS OF USE DAMAGES OR LOSS OF ANTICIPATED PROFITS OR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY NATURE WHATSOEVER. ANY CLAIM FOR DAMAGES BY SELLER AGAINST BUYER ARISING IN ANY MANNER OR RELATED IN ANY WAY TO BUYER’S PURCHASE OF GOODS AND SERVICES HEREUNDER MUST BE COMMENCED WITH ONE YEAR AFTER THE CLAIM HAS ACCRUED.