EXCLUSION OF DAMAGES, LIMITATION OF LIABILITY
1. If our obligation to pay compensation is based on only a minor breach of substantive obligations under the contract, our liability to pay compensation and that of our statutory representatives or vicarious agents shall be limited to the foreseeable loss in typical contracts unless our liability is based on fatal injury, physical harm or damage to health.
2. If our obligation to pay compensation is based on only a minor breach of non-substantive secondary obligations under the contract, we shall not be liable to pay compensation, nor shall our statutory representatives or vicarious agents, unless liability is founded on fatal injury, physical harm or damage to health.
3. In all cases of liability to pay compensation on the basis of a negligent breach of duty, irrespective of the legal grounds, our liability shall be limited to compensation for the loss which we were able to foresee unless liability is founded on claims under product liability laws.
4. Our liability to pay compensation and that of our statutory representatives or vicarious agents is excluded in the auxiliary if we are charged with a slightly negligent breach of a contractual duty which is not sufficient in nature or consequence to endanger the purpose of the contract, unless liability is founded on fatal injury, physical harm or damage to health.
5. These provisions shall not apply to claims under product liability laws.
6. If action is taken against us for compensation under manufacturer’s liability according to § 823 BGB (claim founded in tort), our liability above and beyond these provisions shall be limited to the damages paid by our liability insurer.
The insured sum is that typical for the loss, contract or article. If the insurance policy does not arise in full or at all, our liability shall continue to be limited by the amount of the sum insured. If the sum insured is not that typical for the loss, contract or article, our liability in such cases shall be limited to the loss amount typical for the loss, contract or article.