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the product will meet customer’s requirements, perform any specific function or achieve a
desired result other than expressly stated by Super B in writing.
11.6 Any liability to the customer in any case ceases to apply in the event that the customer
fails to notify Super B of the existence of the defect within ten (10) days of having discovered
the defect, in writing, in order to enable Super B to investigate the damage. Some of Super
B’s products electronically store usage data, including charging/discharging data, in order to
enable Super B to analyse such data retroactively when investigating damage.
11.7 Any liability of Super B for damage suffered by the customer is in any case limited to
the invoice amount of the relevant products, unless such damage has been caused by gross
negligence or willful misconduct of Super B. Super B can never be held liable for (a) damage
caused by any of the circumstances mentioned in clause 11.3, leading to damage to the Super
B products or to any other device located near those products, or (b) consequential damage,
including but not limited to loss of profit, loss of production, loss of business interruption, loss
of product and loss of capacity irrespective of the cause of such consequential loss or (c)
goodwill.
11.8 To the extent that a court determines that the limitation of liability as meant in clause
11.7 cannot be invoked against a particular claim for damages by the customer, Super B’s
liability for loss of property, damage to property, and bodily injury (including death) caused
by the application of those particular Super B products shall in any event be limited to the
amount actually paid out by Super B’s insurance company to Super B in accordance with the
insurance cover of that insurance policy for that particular type of damage. Super B has taken
out insurance against certain risks, as described in the respective insurance policies. These
policies contain a usual limitation of insurance payment to be paid out to Super B if, and to the
extent that, the event is a covered event.
