Limitation of liability
- This Clause  sets out the entire financial liability of the Supplier (including any liability for the acts or omissions of its members, employees, agents and subcontractors) to the Client in respect of:
- any breach of the Agreement;
- any use made by the Client of the Services, the Deliverables or any part of them; and
- any representation, statement or tortious act or omission (including negligence) arising under or in connection with the Agreement.
- All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the Agreement.
- Subject to Clause .4, the Supplier shall not be liable under or in connection with the Agreement for any loss of actual or anticipated income or profits, loss of contracts, loss of business, loss of goods or for any special, indirect, consequential or pure economic loss, cost, charge, expense or damage of any kind howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise. The Supplier's aggregate liability under or in connection with these Terms and Conditions, whether in contract, tort (including negligence) or otherwise, shall in no circumstances exceed 100% of the aggregate Fee paid by the Client up to and including the date on which the relevant claim arose.
- Nothing in this clause limits or excludes the liability of the Supplier:
- for death or personal injury resulting from negligence;
- for any damage or liability incurred as a result of fraud or fraudulent misrepresentation;