3. Liability

3.1 Subject to the mandatory legal provisions and the ones expressly stated under clause 2 above, all rights and claims of the Purchaser against Flybotix, its bodies, shareholders, employees, affiliates, agents or any persons with whom it performs its obligations, its subcontractors, suppliers and designees for whatever legal ground shall be excluded to the maximum extent permitted by applicable law, especially, but not limited to, claims based on loss of production, damage caused by delays, loss of use, loss of or damage to data or data storage media, costs for recovery of lost or damaged data, lost profit and other direct, indirect or consequential damage even if the possibility of such damage has been expressly pointed out to Flybotix.

3.2 Enforceable Purchaser claims shall be limited to 5% (five per cent) of the Purchaser’s payments to Flybotix during the preceding 6 (six) months for the specific Supply under the respective individual contract. Parties are free to furnish proof of lower damage.

3.3 Subject to the warranty provisions as per clause 2.2 above, any possible Purchaser’s claim for damages shall become time-barred within 12 (twelve) months after arising. The same shall apply to Purchaser’s claims in connection with damage control (e.g. product recalls).