Unless otherwise stipulated below, Weber will be liable in accordance with the general statutory provisions. Unless the Parties expressly agree otherwise elsewhere, the following provisions shall apply to all claims for damages irrespective of the legal grounds.
Weber does not exclude or limit in any way our liability to the Participants where it would be unlawful to do so. This includes liability for death or personal injury caused by Weber’s negligence or the negligence of Weber’s employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of the Participants legal rights in relation to the products including the right to receive products which are: as described and match information Weber provided to the Participant and any sample or model seen or examined by the Participant; of satisfactory quality; fit for any particular purpose made known to Weber; supplied with reasonable skill and care; and for defective products under the Consumer Protection Act 1987.
Weber is responsible to the Participants for foreseeable loss and damage caused by Weber. If Weber fails to comply with these terms, Weber is responsible for the loss and damage the Participant suffers that is a foreseeable result of Weber breaking the contract or Weber failing to use reasonable care and skill, but Weber is not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both Weber and the Participant knew it might happen.
Weber is not liable for business losses. If the Participant uses the products for any commercial, business or re-sale purpose Weber will have no liability to the Participants for any loss of profit, loss of business, business interruption, or loss of business opportunity.