Client Friendly Limitation of Liability Contract Clause

Limitation of Liability

1. The Service Provider's liability under this Agreement shall be unlimited in respect of: a) death or personal injury caused by negligence; b) fraud or fraudulent misrepresentation; and c) any other matter for which liability cannot be limited by law.

2. Subject to clause 1, the Service Provider's total liability to the Client, whether in contract, tort (including negligence), for breach of statutory duty, misrepresentation, restitution or otherwise, arising under or in connection with the performance or contemplated performance of this Agreement shall not exceed the greater of: a) NZ$1,000,000; or b) 200% of the total Charges paid by the Client to the Service Provider under this Agreement.