(1) The Contractor shall be liable without limitation for damage caused intentionally or by gross negligence by the Contractor, the Contractor's employees and other third parties engaged within the scope of this order.
(2) In the event of simple negligence, liability shall be excluded unless there is a breach of material contractual obligations. A material contractual obligation is any obligation the fulfillment of which makes the proper execution of the order possible in the first place, the violation of which endangers the achievement of the purpose of the order and the compliance with which the Customer regularly relies on and may rely on.
(3) In the event of a breach of a material contractual obligation due to simple negligence, the Contractor shall be liable up to the amount of 1.5 times the order value (order value means the sum of the remuneration of the underlying individual order), but at least up to the amount of the typical foreseeable damage.
(4) The limitation of liability shall apply irrespective of the legal basis for all liability claims made in connection with this order.
(5) Excluded from the above limitation of liability is liability for damages arising from injury to life, limb or health as well as for claims under the Product Liability Act and claims arising from the assumption of a guarantee or based on fraudulent intent.