Mutual Limitation of Liability Contract Clause

Limitation of Liability

1. Neither party excludes or limits liability to the other party for: a) fraud or fraudulent misrepresentation; b) death or personal injury caused by negligence; c) a breach of any obligations implied by section 12 of the Sale of Goods Act 1908; or d) any matter in respect of which it would be unlawful for the parties to exclude liability.

2. Subject to clause 1, neither party shall in any circumstances be liable to the other whether in contract, tort (including for negligence and breach of statutory duty howsoever arising), misrepresentation (whether innocent or negligent), restitution or otherwise, for: a) any loss (whether direct or indirect) of profits, business, business opportunities, revenue, turnover, reputation or goodwill; b) any loss or corruption (whether direct or indirect) of data or information; c) loss of anticipated savings or wasted expenditure (including management time); or d) any indirect or consequential loss or damage.

3. Subject to clauses 1 and 2, each party's total liability to the other in contract, tort (including negligence and breach of statutory duty howsoever arising), misrepresentation (whether innocent or negligent), restitution or otherwise, arising in connection with the performance or contemplated performance of the Contract shall in all circumstances be limited to the total charges paid by the Client during the 12 months immediately preceding the date on which the claim arose.