Unless where otherwise provided for in the following, other and additional claims by the partner against us shall be excluded. This shall in particular apply to claims for damages based on delay, impossibility of performance, culpable breach of other contractual duties, culpa in contrahendo and tort. We shall, therefore, not be liable for any damage caused not to the goods delivered themselves. In particular, we shall not be liable for lost profit or any other financial loss suffered by the partner.
The above liability limitations shall not apply if we cause damage deliberately or grossly negligently or if we breach fundamental contractual obligations. If we breach a fundamental contractual obligation, we shall be liable only for the reasonably foreseeable damage typically occurring in connection with this kind of contract.
The above liability limitations shall also not apply in cases in which liability for defects in the goods delivered applies under the product liability act for injury to persons and damage to property caused to objects used privately. The liability limitations shall also not apply in the case of culpable injury of health, life and limb and in the case of fraudulent concealment of a defect.
Where a guarantee of quality is given, claims for damages based on any damage not caused through our fault may only be asserted if the guarantee was intended to prevent typical consequential harm caused by a defect.
The partner’s rights of recourse under Sections 478, 479 of the German Civil Code (BGB) shall exist only if the prerequisites of Section 474 BGB are met and only in so far as the partner has not made an agreement with its customer that exceeds the statutory claims for defects and rights of recourse. Furthermore, the last sentence of section 25 shall apply by analogy to the extent of the rights of recourse.
If and where liability on our part is limited or excluded, this shall also go for the personal liability of our legal representatives and vicarious agents.