AGB - Conditions
10. liability
10.1
All claims against GM not expressly granted in the contract or these General Terms and Conditions shall be excluded - to the extent permitted by law.
10.2
Claims for damages by the customer shall become statute-barred six months after the date on which the customer becomes aware of the damage. If such a limitation period of six months for the assertion of claims for damages cannot be effectively agreed upon under the respective applicable legal system, this limitation period shall be deemed to be extended to the lowest possible minimum period permitted under the respective applicable legal system.
10.3
GM's liability shall be limited to foreseeable damages in the event of a slightly negligent breach of material contractual obligations, except in cases of personal injury and otherwise to the extent that such exclusion is not permitted by law.
10.4
Liability for damages due to attacks by third parties for sabotage, information gathering and/or extortion (in particular cyber attacks) or software errors (bugs) occurring due to third party software shall be excluded to the extent such exclusion is legally permissible.
10.5
Claims for damages existing on the merits in accordance with mandatory statutory provisions or in accordance with the contract and these General Terms and Conditions shall be limited to the amount of the purchase price of the relevant delivery, insofar as this is legally permissible. Liability for loss of profit, loss of revenue, production or operating losses, downtime, loss of sales or orders, contractual damages or contractual penalties payable to third parties, indirect damages and consequential harm caused by a defect and, in general, for unforeseeable damages shall be excluded to the maximum extent permitted by law. In the event that one of the aforementioned limitations proves to be invalid, GM's liability shall be deemed to be limited to the minimum extent permitted by mandatory statutory provisions. The customer shall also have the duty to mitigate damages.