10. Limitation Of Liability
10.1.Nothing in these Conditions shall limit or exclude the Company's liability for:
10.1.1.death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors (as applicable);
10.1.2.fraud or fraudulent misrepresentation;
10.1.3.breach of the terms implied by section 12 of the Sale of Goods Act 1979;
10.1.4.defective products under the Consumer Protection Act 1987; or
10.1.5.any matter in respect of which it would be unlawful for the Company to exclude or restrict liability.
10.2.Subject to condition 10.1:
10.1.a. The Company shall under no circumstances whatsoever arising under or in connection with the Contract be liable to the Purchaser, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for:
10.2.1.a. Any loss of profit;
10.2.1.a.a Any indirect or consequential loss;
10.2.1.a. Fair wear and tear;
10.2.1.a. Wilful damage by the Purchaser or any third party;
10.2.1.a. The failure by the Purchaser or any of its customers to update the software in the Goods on a regular basis and when the Company issues security warnings to do so;
10.2.1.a. The failure by the Purchaser to comply with condition 11.1.3;
10.2.1.a. Any loss claim or damage arising out of or in connection with a cyber-attack hacking event or other malicious act by any person other than the Company;
10.2.1.a. The consequences of carelessness or incompetence of those handling or operating the Goods or the operation of the Goods other than under the conditions for which they were designed;
10.2.1.a. The consequences of incorrect or incomplete information provided by the Purchaser;
10.2.1.a. The consequences of repairs alterations or modifications carried out by the Purchaser or a third party save where expressly approved in writing by the Company;
10.2.1.a. The consequences of the Purchaser failing to follow the Company's oral or written instructions as to the storage, commissioning, installation, use and maintenance of the Goods or (if there are none) good trade practice regarding the same;
10.2.1.a. The Goods differing from their description as a result of changes made to ensure they comply with applicable statutory or regulatory requirements or best practice.
10.1.a.The Company's total liability to the Purchaser for any claim or series of claims in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed an amount equal to the price of the Goods in relation to which the claim arose.