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Liability
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Liability
Liability
Without prejudice to the other stipulations of these General Conditions
and the stipulations of the act on product responsibility, the seller is
only liable for damage caused by culpable breach of contract and by
unlawful act in the framework of the regulations below:
1. He/she is completely liable for damage that results from gross
neglect on his/her part or on the part of his/her legal representa-
tives or supervising employees.
2. He/she can be held liable for not abiding by the main contractual
requirements and other requirements of the contract to the extent
they are of vital importance for the purpose of the agreement
(cardinal requirements) in principle, through any culpable acts on
his/her part or on the part of his/her legal representatives or those
under his/her supervision, insofar as liability is not already
indicated under point 1.
3. The seller is also liable for intentional and gross neglect caused by
him/her or by someone under his/her supervision to the extent he/
she is not already liable according to point 1. Liability for neglect on
his/her part or simple neglect on the part of his/her legal represent-
atives or on the part of people under his/her supervision is
excluded, except for the requirements described in point 2.
4. Insofar as there is any liability involved in terms of points 2 and 3,
the extent thereof is limited to normal remuneration for damage
incurred.
5. The above regulations under 1 to 4 may be applied to any liability
upon conclusion of the agreement. This stipulations limits any
claim for damages based on this legal title with retroactive effect.