Clause 12: Liability
1. All actions and operations shall be performed for the customer's
account and risk.
2. The contractor shall not be liable for any damage, unless the
customer can prove that the damage was caused through the fault
or negligence of the contractor or his executive staff.
3. The contractor shall at any rate not be liable for damage (including
death, injury, loss, missing, et cetera) exceeding a total amount
equal to 10 times the fee charged or to be charged for such work.
4. The liability referred to in clause 12.3 above shall never exceed
5. The contractor shall never be obliged to pay damages other than
direct loss or damage to persons or goods. Liability for indirect
loss or damage (including consequential loss) is explicitly excluded.
6. The customer shall be liable to the contractor for all damage
(including death, injury and loss) however and by whomever caused
or incurred for the purposes of the implementation of the agreement,
to the contractor himself and/or to his employees and/or to the
property of the contractor or his employees respectively or caused
to third parties engaged by the contractor and/or their employees
and/or to the property of such third parties or their employees
7. The customer shall be liable for all consequences resulting
the non- or late supply of information, documents and/or instructions
or from the supply of incorrect, inadequate or incomplete information,
documents and/or instructions.