Limitation of liability
16.1 The extent of the parties’ liability under or in connection with the Contract (regardless of whether such liability arises in tort, contract or in any other way and whether or not caused by negligence or misrepresentation) shall be as set out in this clause 16.
16.2 Subject to clause 16.6, Hafod’s total liability shall not exceed the sum of £25,000.00.
16.3 Subject to clause 16.6, Hafod shall not be liable for consequential, indirect or special losses.
16.4 Subject to clause 16.6, Hafod shall not be liable for any of the following (whether direct or indirect):
16.4.1 loss of profit;
16.4.2 loss of or corruption to data;
16.4.3 loss of use;
16.4.4 loss of production;
16.4.5 loss of contract;
16.4.6 loss of opportunity;
16.4.7 loss of savings, discount or rebate (whether actual or anticipated);
16.4.8 harm to reputation or loss of goodwill.
16.5 Notwithstanding clauses 16.3 and 16.4, and without limiting the Hafod's entitlement to recover other types of loss, the parties agree that Hafod may recover the following from the Supplier as direct loss:
16.5.1 the cost of selecting, procuring, installing and testing replacement goods or services;
16.5.2 wasted expenditure or unnecessary charges incurred by Hafod (including regulatory fines);
16.5.3 liability to third parties (including customers); and
16.5.4 the cost of rectifying lost or damaged data.
16.6 Notwithstanding any other provision of the Contract, the liability of the parties shall not be limited in any way in respect of the following:
16.6.1 death or personal injury caused by negligence;
16.6.2 fraud or fraudulent misrepresentation;
16.6.3 any other losses which cannot be excluded or limited by Applicable Law;
16.6.4 in respect of any indemnities given by the Supplier under the Contract.
16.6.5 any losses caused by wilful misconduct.