10.1 The Buyer acknowledges that the Agent’s obligations and liabilities in respect of the Services specified overleaf are exhaustively defined in these Conditions. The Buyer agrees that the express obligations and warranties made by the Agent in these Conditions are in lieu of and to the exclusion of any kind express or implied Statutorily or otherwise relating to anything supplied or services provided under or in connection with a contract to which these Conditions apply including (without limitation) as to the condition quality performance merchantability or fitness for purpose of the Goods and/or Services provided under such contract or any part of them.
10.2 The Agent does not exclude or limit liability for: death or injury arising from an act of negligence of the Agent or its employees; damage caused by the Agent’s fraud including fraudulent misrepresentation
10.3 If any exclusion disclaimer or other provision in these
Conditions shall be invalid for any reason and in all other cases falling within Clause 10.2 the Agent’s total liability (whether in contract, tort, including negligence or otherwise) in connection with a Contract to which these Conditions apply or based on any claim for indemnity or contribution will not exceed the sum of £1,000,000.00 in aggregate.
10.4 The Buyer agrees that except as expressly provided in clause 9 and this clause, the Agent will not be under any liability of any kind whatever and however caused arising directly or indirectly in connection with a supply of Goods and/or Services to which these Conditions apply.
10.5 The Buyer acknowledges and agrees that the allocation of risk contained in this clause is a recognition of the fact that it is not within the Agent’s control how and for what purpose the Goods and Services are used by the Buyer.