All contractual obligations of Panenco are best effort commitments. Panenco does not give any express or implied warranty to the goods or services, including any guarantee for fitness to a particular purpose or marketability.
Unless explicitly stated otherwise in writing, all terms, including terms of delivery, are not binding on Panenco and are merely indicative. The breach of these terms by Panenco shall not give rise to any liability under this article 9.
If Panenco breaches its obligations under these General Terms and Conditions and would be liable to the customer pursuant to the terms set forth in this article, it is only obliged to perform the service again (compensation in kind). Only if this proves impossible or manifestly unreasonable, Panenco will be obliged to compensate the direct damage within the limits defined below.
Panenco shall not be liable for any indirect, consequential, punitive, or special damages, including loss of revenue or profits, loss of business, contracts, goodwill or anticipated savings, damages due to business interruption, loss or corruption of data or reputational damage, even if Panenco has been advised or notified of the possibility of such costs or damages.
Nothing in these General Terms and Conditions shall operate to exclude or restrict a party's liability for:
- its gross negligence;
- fraudulent misrepresentation;
- any other liability to the extent prevented from being excluded or limited by applicable law.
The customer is responsible for respecting all applicable statutory and contractual obligations, and will indemnify Panenco for all direct and indirect damage and costs caused by breaches by the customer of its obligations, including claims from third parties. The customer will indemnify Panenco against all claims from third parties for product liability due to a defect in a product or system that is delivered to a third party by the customer and that partly consisted of products supplied by Panenco, except if and insofar as the customer proves that the damage was caused by those products, in which case the liability of Panenco is excluded and/or limited in accordance with the other provisions of these General Terms and Conditions.
The total liability of Panenco is limited to compensation of direct damages up to the amount of the agreed contract price (excluding VAT) for the products and services to be delivered by Panenco. If the agreement is a continuing performance contract, the total liability of Panenco is limited to the total Fee (excluding VAT) for the products delivered and the services performed by Panenco during the last three (3) months.
Express reference is made to Panenco's privacy statement
, which the customer has read, understood and accepts.