10 Liability
10.1 The contractor will not be liable for:
a. errors or defects in materials supplied by the client;
b. misunderstandings, errors or defects in the performance of the agreement if such misunderstandings or errors were
caused by acts of the client, such as late delivery or non- delivery of complete, sound and clear information and/or materials;
c. errors or defects by third parties engaged by or on behalf of the client;
d. inaccuracies in offers made by suppliers, or prices quoted by suppliers being exceeded;
e. errors or defects in the design or errors in the text/data if the client has given his approval in accordance with the
provisions of Article 2.5 or has had the opportunity to perform an inspection and has declined to do so; or
f. errors or defects in the design or errors in the text/data if the client has not had a particular model or prototype prepared
or a particular test performed and the errors would have been apparent in such model, prototype or test.
10.2 The contractor will be liable only for direct damage attributable to him. Direct damage will include only:
a. reasonable costs to assess the cause and extent of the damage, to the extent that
such assessment concerns damage within the meaning of these general conditions;
b. any reasonable costs necessarily incurred to have the contractor’s defective performance conform to the agreement; and
c. reasonable costs incurred to prevent or limit the damage, to the extent that the client
demonstrates that those costs led to a limitation of the direct damage referred to in these general conditions.
The contractor’s liability for all other damage, such as indirect damage, including consequential damage, loss of profits,
mutilated or lost data or materials, or damage due to business interruption is hereby excluded.
10.3 Save in the event of intent or willful recklessness by the contractor or the contractor’s
management – therefore except for persons under their control – the contractor’s
liability for damage or loss arising from an agreement or any wrongful act committed
against the client will be limited to the amount invoiced for the portion of the work
performed, less the costs incurred by the contractor in the engagement of third parties,
on the understanding that that amount will not exceed EUR 45,000 and will in no event
be higher than the benefit that the insurance company may pay to the contractor.
10.4 Any and all liability will expire twelve months from the date of completion of the work commissioned.
10.5 Where reasonably possible the client will be required to retain copies of materials and
data he has supplied until the work commissioned has been completed. If the client fails to do so the contractor
cannot be held liable for any damage or loss that would not have occurred if such copies had existed.