LIMITATION OF LIABILITY

1.1 The Supplier’s liability to the Client whether arising under contract, tort (including negligence), statutory duty or otherwise for any loss or damage shall at the Supplier’s option be limited to recovery of direct damages not exceeding the cost paid for the service or the re-supply of the Services (as the case may be). The Supplier shall in no event be liable to the Client for any indirect, economic, incidental, special or consequential loss including, without limitation, loss of profits or use or goodwill or anticipated savings or revenue or contracts, whether or not the Supplier has been advised of the possibility of such loss.

1.2 To the extent permitted by law, no warranties or conditions including implied or statutory warranties or conditions relating in any way to the services (other than those expressly contained in this Agreement) shall apply.

1.3 Where the provisions of any statute from time to time in force imply warranties or conditions into this Agreement or impose obligations upon the Supplier in favor of the Client which cannot be excluded, restricted or modified, or if so only to a limited extent, then this Agreement shall be read and construed subject to such statutory provisions. If such statutory provisions apply, then to the extent to which the Supplier is entitled so to do its liability to the Client on any account whatsoever shall be limited to recovery of direct damages not exceeding the amount the client paid under this agreement.