Notwithstanding any other provision in this contract, the total liability (including for liquidated damages) of the Seller for any claim, loss or damage, whether in contract, tort (including gross negligence), or otherwise, arising out of, connected with, or resulting from the sale, license, delivery, repair, replacement or use of any goods shall not exceed 100% of the price received by the Seller from the Buyer. If the Seller is in breach of this contract, the Buyer shall take any necessary measures to mitigate its loss and damages.
Notwithstanding any other provision in this contract, neither party shall be liable to the other party for any loss of profit or revenues, loss of opportunity, loss of goodwill or reputation, and /or any indirect or consequential losses whatsoever.
(责任限制条款) (Limitation of Liability):
不论合同其它条款另有规定,不论索赔是根据合同还是侵权(包括重大过失),也不论索赔是因为货物、销售、许可、交付、更换或使用所造成的,卖方对买方所遭受的任何损失、损坏所承担的损害赔偿责任(包括违约金)不超过卖方实际从买方收受的货款的 100%。如果发生卖方违约的情形,买方应该采取任何必要的措施减损损害的扩大。不论合同其它条款另有规定,合同任何一方对另一方的收入利润的减少、商业机会的丧失以及商誉的损失和任何间接的损失不负赔偿责任。
Notwithstanding any other provision in this contract, the total liability (including for liquidated damages) of the Seller for any claim, loss or damage, whether in contract, tort (including gross negligence), or otherwise, arising out of, connected with, or resulting from the sale, license, delivery, repair, replacement or use of any goods shall not exceed 100% of the price received by the Seller from the Buyer. If the Seller is in breach of this contract, the Buyer shall take any necessary measures to mitigate its loss and damages.
Notwithstanding any other provision in this contract, neither party shall be liable to the other party for any loss of profit or revenues, loss of opportunity, loss of goodwill or reputation, and /or any indirect or consequential losses whatsoever.