5.1 In connection with the Services, the Service Provider will be liable, in the case of logistics, in accordance with the RPT Police Regulations and, in the case of transport, in accordance with the Standard Transport Contract, the Standard Freight Forwarder Contract or the CMR Convention, depending on the type of transport. Moreover, if the Service Provider performs domestic transport Services in a country that does not have specific transport limitation of liability statutes and/or regulations applicable to loss, damage or delay, the conditions and limitations of liability of the CMR Convention will be applied.
5.2. Regardless of circumstances, the Service Provider will be liable only for direct material/tangible damages caused solely by the Service Provider. The Parties expressly agree that the Service Provider will incur no liability in the following cases: - with respect to the production of the goods and the composition, intrinsic qualities, sale, marketing, distribution and labelling thereof (in particular, in accordance with EU Regulation 1169/2011 (INCO)), as well as controls thereof (in particular, the Customer shall ensure its goods are in compliance with microbiological criteria, in accordance with EU Regulation 2073/2005).
The Customer assumes responsibility for, and shall comply with all laws, in particular French and European laws, applicable to the goods. In particular, the Customer shall be responsible for declaring imported goods in accordance with the laws in force.
- with respect to consequential or non-consequential/immaterial damages (dommages immatériels consécutifs et non consécutifs), such as loss of business, commercial losses, difference in restocking prices, injury to image and reputation, etc.).
- with respect to any losses, regardless of the cause, nature or amount thereof, that are due to an interruption in the EDI connection or a breakdown of computer hardware or software owned by the Customer and/or a third party or over which the Service Provider has no control.
Consequently, the Customer and its insurers shall waive all recourse against the Service Provider and its insurers for all losses due to the three exclusions of liability described above in Clause 5.2. Therefore, the Customer shall take all necessary measures vis-à-vis its insurers. In the event the Customer does not comply with this obligation or if the waiver of recourse is inapplicable in whole or in part, regardless of the reason, the Customer shall personally hold the Service Provider and its insurers fully and entirely harmless.