(1) The liability of Uzin Utz for damages, irrespective of the legal basis, in particular due to impossibility, default, deficient or incorrect delivery, breach of contract, culpa in contrahendo and impermissible action, is restricted in accordance with this Clause 12, in so far as it is at fault.
(2) The restrictions in this Clause 12 do not apply to the liability of Uzin Utz due to deliberate conduct, for guaranteed quality features, for injury to life, limb or health, or under the Produkthaftungsgesetz [Product Liability Act].
(3) Uzin Utz shall not be liable in the event of simple negligence on the part of its management bodies, legal representatives, employees or other agents, as long as breach of essential contractual duties is not at issue. Among the essential contractual duties are those to effect timely delivery of the delivery item, its freedom from legal as well as such material defects as compromise its functionality or suitability for use more than insignificantly, as well as duties related to consultation, protection and care which should make it possible for the customer to use the delivery item in accordance with the contract, or which aim to achieve protection of the life or limb of personnel of the customer or protection of their property against significant damages.
(4) If Uzin Utz is liable for damages in accordance with the preceding paragraph, then this liability shall be limited to damages which Uzin Utz foresaw upon conclusion of the contract as a possible consequence of breach of contract, or which should have been anticipated when applying the proper business care. Indirect damages and subsequent damages that are a consequence of defects in the delivery item can also only be replaced if such damages are typically to be expected in case of use of the delivery item according to its designation.
(5) In case of liability for simple negligence, the replacement obligation of Uzin Utz for material damages and further property damages resulting from them is limited to an amount of EUR 15 million per damage event (corresponding to the current coverage amount of its product liability insurance policy or liability insurance policy), even in cases of a breach of essential contractual duties.
(6) The aforementioned liability exemptions and limitations apply to the same extent in favour of the management bodies, legal representatives, employees and miscellaneous agents of Uzin Utz.
(7) If Uzin Utz gives out technical information or becomes active as a consultant and this information or advice does not belong to the contractually agreed scope of service owed by it, this shall take place free of charge and to the exclusion of any liability.
(8) If the customer takes recourse against Uzin Utz due to the claims of third parties, the liability of Uzin Utz shall be excluded if the customer for its part has limited the liability effectively towards its buyer. The liability of Uzin Utz for recourse claims is excluded if these exceed the statutory claims regarding defects and compensation for damages on the basis of an agreement made between the customer and its buyer.
(9) The customer is required to inform Uzin Utz of any claims brought by third parties immediately in writing, and to reserve to Uzin Utz all means of defence and actions related to Settlement.