§ 10 Liability
Insofar as the Client asserts damage compensation claims which are based upon intentional wrongdoing or gross negligence, including the intentional wrongdoing or gross negligence of Projekt-Team’s representatives or vicarious agents, Projekt-Team shall be liable in accordance with the statutory directives. Insofar as Projekt-Team has committed no contractual violation which is based upon intentional wrongdoing, then the liability to pay damage compensation shall be limited to the foreseeable, typically occurring damages.
Projekt-Team shall be liable for cases of intentional wrongdoing and gross negligence or owing to the absence of guaranteed quality features. Any liability to pay damage compensation that is incurred owing to the actions of Projekt-Team’s representatives or vicarious agents, particularly owing to default, non-performance, flawed performance or tortious acts shall exist only in the event of the violation of major contractual obligations upon whose fulfilment the Client may particularly rely.
Insofar as major contractual obligations in the aforementioned sense are negligently violated, then liability shall be limited to the contractually typical damages.
In all cases, the liability owed to entrepreneurs for the gross and simple negligence of vicarious agents who are not legal representatives or management personnel, even in the case of intentional wrongdoing, shall be limited to the damages that are typically and customarily foreseeable in such cases and which are out of the Client’s control.