LIMITATIONS OF LIABILITY
The Shukla Ashar Group, Including Pinaq Remedies (India) Pvt. Ltd. (Formerly: The Shukla Ashar impex Pvt. Ltd.), shall not be liable for any claim arising out of the performance, non-performance, delay in delivery of or defect in the Goods nor for any special, indirect, economic or consequential loss or damage howsoever arising or howsoever caused (including loss of profit or loss of revenue) whether from negligence or otherwise in connection with the supply, functioning or use of the Goods.
Nothing herein shall limit either party’s liability for death or personal injury arising from the proven negligence by itself or its employees or agents or the end users.
The Client and/ or the End User shall fully indemnify the Group against any liability to third parties arising out of the use of the Goods by whom so ever.
The Group will not be liable to the customer for any loss or damage suffered by the customer as a direct result of the Group, its sub-contractors or the list-owner from whom the sample or other service or material is derived being unable to perform the Contract in the way agreed by reason of cause beyond its control including Act of God, accident, war, riot, lockout, strike, flood, fire, power failure, breakdown of plant or machinery, delay in transit, postal delay, or any other unexpected or exceptional cause or circumstance.