1.  General Limitation of Liability

1.  All warranties, conditions, and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from this Agreement.

2.  Nothing in this Agreement limits or excludes the liability of Party A for:
(a) death or personal injury resulting from its negligence; or
(b) fraud or fraudulent misrepresentation.

3.  Subject to clause 1 and clause 2:
(a) Party A shall not under any circumstances whatever be liable for:

               i.         loss of profits; or

              ii.         any special, indirect, or consequential loss, costs, damages, charges, or expenses; and

(b)  Party A’s total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising in connection with the performance or contemplated performance of this Agreement shall in all circumstances be limited to [Amount].

 

2. Liquidated Damages

If save for cause beyond its reasonable control, Party A does not deliver [and install] the Product and/or provide the agreed services by the [final] date or dates specified in this agreement, then Party A shall be liable for liquidated damages for such delay at the rate specified below:

[(a) from what date;

(b) rate;

(c) maximum liability.]

 

3. Time Limits

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