- If the delivery item cannot be used as stipulated in the agreement as a result of culpably omitted or faulty proposals or consultations which occurred before or after the conclusion of the agreement, or due to culpable violation of other subsidiary contractual obligations, particularly instructions for operation and maintenance of the delivery item, the regulations in Sections VIII and IX.2 shall apply.
- Regardless of legal grounds, the Supplier shall only be liable for damages other than to the delivery item itself:
- in the event of wilful intent,
- in the event of gross negligence on the part of the proprietor, the executive bodies or senior managers,
- in the event of culpable injury to life, body or health,
- in the event of defects which it has maliciously concealed,
- within the scope of a guarantee,
- in the event of delivery item defects, to the extent that liability is provided under the German Product Liability Act for personal injury and property damages caused to items used for private purposes.
In the case of culpable violation of essential contractual obligations, the Supplier shall also be liable for gross negligence of non-managerial employees and simple negligence, the latter being limited, however, to damage or loss which is reasonably foreseeable in connection with contracts of this type.
Any further claims shall be excluded.