• Rewrite Limitation of liability statement

Can you please confirm the cost to rewrite this limitation of liability statement, retaining the same ideas but unique to Brandwell Media. Note - i have taken the current version from another business...

Limitation of Liability

The services and the work developed by Brandwell Media are sold “as is.” The maximum liability of its Designers, Developers, Directors, Officers, Employees, Design Agents and Affiliates (“Brandwell Media parties”), to the CLIENT for damages for any and all causes whatsoever, and the CLIENT’s maximum remedy, regardless of the form of action, whether in contract, tort or otherwise, shall be limited to the net cost of this project. In no event shall Brandwell Media be liable for any lost data or content, lost profits, business interruption or for any indirect, incidental, special, consequential, exemplary or punitive damages arising out of or relating to the materials or the services provided by Brandwell Media even if Brandwell Media has been advised of the possibility of such damages, and notwithstanding the failure of essential purpose of any limited remedy. Once the project has, in the opinion of Brandwell Media been completed, Brandwell will notify the CLIENT either verbally or in writing, and provide the CLIENT with an opportunity to thoroughly review the project. It is the CLIENT’S responsibility to check carefully for accuracy in all respects, ranging from spelling, product/service information and contact details. Whilst we take all care in ensuring accuracy of all information, Brandwell Media is not liable for errors or omissions. The CLIENT indemnifies Brandwell Media against any loss or damage arising directly or indirectly from any errors and omissions.
Asked 1 month ago in Business Law from Australia
you can get it drafted by an lawyer 

2) the limitation of liability is one of the most important clauses because it limits the amount and types of damages one party can recover from the other party. 

3) A limitation of liability clause permits contracting parties to reduce or eliminate the potential for direct, consequential, special, incidental and indirect damages should there be a breach of contract. In some cases, a cap on damages may be used
Ajay Sethi
Advocate, Mumbai
23100 Answers
1212 Consultations
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1) in your query you had sought the costs for rewriting the limited liability statement . hence advised you to get it drafted by lawyer 

2) you can rephrase it as the maximum liability of company for damages of any reason whatsoever shall be limited to the net cost of the project 

3) the company shall not be responsible for any loss of profits , lost data or for any indirect exemplary or punitive damages suffered by the client 


4) the company shall intimate the client in writing about  completion of project . the client is at liberty to review the project and point out inaccuracies in the information provided by the company within period of 15 days of completion of the project . tf the errors are not pointed out within the stipulated period company is not liable for errors or omissions .
Ajay Sethi
Advocate, Mumbai
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1. You have to brief the lawyer about the specific rights and liabilities that you intend to create.

2. The legal cost for drafting of a document is mentioned on the portal in the services column.
Ashish Davessar
Advocate, Jaipur
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445 Consultations
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1. The line stating "the CLIENT’s maximum remedy, regardless of the form of action, whether in contract, tort or otherwise, shall be limited to the net cost of this project" should be omitted.

2.  Brandwell Media shall in no way be held responsible for any damage caused to the third party for any fault in the project, once the project is completed and handed over to the client for its verification.

3. As otherwise, the limited liability statement appears to be satisfactory.
Krishna Kishore Ganguly
Advocate, Kolkata
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227 Consultations
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1. Without understanding the whole project, it is difficult to advise about any further addition and deletion in the said LL statement.

2. Writing part of an agreement being limited liability statement without knowing about the complete agreement is difficult.

3. You can select a lawyer who will write the whole agreement including the said LL Statement for you.
Krishna Kishore Ganguly
Advocate, Kolkata
12034 Answers
227 Consultations
5.0 on 5.0
You haven't done as i asked which was to rewrite the passage supplied. I already know why I asked the question regarding limitation of liability. I was expecting to get a response that included the revised copy. Please confirm whether I will receive the rewrite or if not what the additional cost to do so is?

The query for clarification is different to that of the services of an advocate you would desire to avail.
You have not posted a query for clarification instead you wanted the services of an advocate to solve your purpose/object.
For availing the serves desired you have to engage the an advocate directly either one from this forum or outside on the terms of the advocate.
If you have any clarification on the subject matter you can do that which shall be clarified by the advocates on the panel of this forum.
T Kalaiselvan
Advocate, Vellore
13910 Answers
127 Consultations
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