Common use of Overall Limitation of Liability Clause in Contracts

Overall Limitation of Liability. In no event shall National Wire LLC be liable to Buyer or any third party for any loss or damage caused by Buyer’s failure to exercise effective quality control or the failure to store, use or otherwise oversee the Goods as advised or in accordance with instructions provided by National Wire LLC or industry standards. NATIONAL WIRE LLC WILL NOT BE LIABLE TO BUYER OR ANY THIRD PARTY, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF STATUTORY DUTY OR OTHERWISE FOR ANY LOSS OF USE, PROFIT, LOSS OF BUSINESS, DIMINUTION IN VALUE, OR DEPLETION OF GOODWILL OR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL LOSS OR DAMAGE. NATIONAL WIRE LLC’S AGGREGATE LIABILITY TO BUYER IN RESPECT OF ANY AND ALL LOSSES ARISING UNDER OR IN CONNECTION WITH THE AGREEMENT WILL IN NO WAY EXCEED THE PRICE OF THE GOODS TO WHICH THE CLAIM RELATES OR USD $20,000, WHICHEVER IS LESS.