A company we are considering hiring for a service includes the following in their T&C
6 LIMITATION OF LIABILITY
6.1 Nothing in these Terms and Conditions shall exclude or limit the liability of the Supplier for death or personal injury. However the Supplier shall not be liable for any direct loss or damage suffered by the Customer howsoever caused, as a result of any negligence, breach of contract or otherwise in excess of the price of the Services.
6.2 The Supplier shall not be liable under any circumstances to the Customer or any third party for any indirect or consequential loss of profit or other economic loss suffered by the Customer howsoever caused, as a result of any negligence, breach of contract, misrepresentation or otherwise.
It seems a bit over the top to absolve themselves of liability from their own negligence, and appears to clearly contravene the ACL stipulation for responsibility for ‘consequential loss’. It seems many companies still don’t get it.
While the omission of a comma suggests their intent is to limit their liability to the contracted cost it still seems out of bounds. Is it?