Engineering CAD Solutions Pty Ltd
Limitation of Liability
Limitation of Liability
To the maximum extent permitted by law, the total aggregate liability of Engineering CAD Solutions to the Client arising out of or in connection with any Agreement (including the provision of engineering design/detail services), whether in contract, tort (including negligence), statute or otherwise, shall be limited to the total fees paid by the Client to Engineering CAD Solutions under this Agreement in the 60 days preceding the event giving rise to the liability.
The Client acknowledges and agrees that all designs and specifications provided by Engineering CAD Solutions are subject to review, approval, and final sign-off by the Client internally. Accordingly, Engineering CAD Solutions shall not be liable for any loss, damage, or claim arising from errors, omissions, or defects in the approved designs, except to the extent caused by Engineering CAD Solutions fraud, wilful misconduct, or breach of this Agreement.
Neither party shall be liable to the other for any indirect, incidental, special, or consequential loss, including but not limited to loss of profits, business interruption, or loss of data, even if advised of the possibility of such damages.
This limitation shall not apply to liability arising from: (a) death or personal injury caused by negligence; (b) fraud or wilful misconduct; or (c) breach of confidentiality or intellectual property rights.
The parties acknowledge that the engineering design/detail services provided under this Agreement are subject to review and formal sign-off by the Client prior to implementation. As such, the allocation of liability reflects the shared responsibility for approved deliverables. The agreed liability cap is proportionate to the scope, duration, and nature of the services, and is consistent with professional standards and applicable insurance coverage.