If You are contracting as a business customer:
(a) all warranties, representations, terms, conditions and duties implied by law relating to fitness, quality or adequacy are excluded to the fullest extent permitted by law;
(b) without limiting the generality of clause 11.1(a), We shall not be liable to You if any monies due from You to us have not been paid in full;
(c) without prejudice to any of the provisions of this clause 11.1, We shall have no liability to You for any:
(i) consequential losses;
(ii) loss of profits and/or damage to goodwill;
(iii) economic and/or other similar losses;
(iv) special damages and indirect losses;
(v) business interruption, loss of business, contracts and/or opportunity; and/or
(vi) inconvenience, delay or loss of production;
(d) without limitation to any of the foregoing, our aggregate liability to You (whether for breach of Contract or for negligence or otherwise howsoever), for any loss or damage of whatsoever nature and howsoever caused, shall be limited to and in no circumstances shall exceed the price of the Goods purchased from Us; and
(e) without limitation or prejudice to any of the foregoing, You shall indemnify and hold Us, our partners, affiliates, officers and their employees, harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising from any breach of the Contract by You, or the infringement by You, or anybody else using your account, of any intellectual property or other right of any person or entity.
If You are contracting as a consumer:
(a) We warrant to You that any Goods purchased from Us are of satisfactory quality and reasonably fit for all of the purposes for which goods of that kind are commonly supplied; but
(b) We shall only be liable to You for:
(i)losses that are caused as a result of any breach of Contract by Us (up to the value of the purchase price of the Goods You purchased); and
(ii) losses that are caused as a result of our negligence; and
(c) We shall not be liable for any loss pursuant to clause 11.2.(b) if:
(i) any such loss is not foreseeable. Losses are foreseeable if they could have been contemplated by both of us at the time that your order was accepted by Us; or
(ii) any such loss (or any part thereof) was caused by or contributed to by your breach of any of these Conditions; and
(d) for the avoidance of doubt, We shall not be liable for any indirect losses which happen as a side effect of the main loss or damage, and which are not foreseeable by You and Us (such as loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, waste of management or office time) howsoever arising and whether caused by breach of contract, negligence, or otherwise.