8.1 The liability of the Institute and claims for damages of the Client shall be in accordance with the legal provisions, unless otherwise defined below. The Institute shall guarantee proper execution and scientific evaluation of the research. Guarantee claims for obvious errors shall only exist, if the Client submits written complaint of such to the Institute within two weeks of receipt of the research report and the research results. In case of errors that are not obvious, this time limit shall apply from the moment, at which the error is identified, though no later than three months after disclosure of the latest material data. The guarantee period shall start upon receipt of the latest material data and shall last for one year.
8.2 The Institute shall not be responsible for the case that the data collected, evaluated and analysed by it according to the rules and methods of market research and opinion research may be exploited by the Client for commercial purposes in a specific way.
8.3 The Institute shall not be liable for damages which arise from or in connection with the Client’s interpretation of the data/results delivered, unless there exists a breach of obligations on the part of the Institute in the sense of Para. 8.4.
8.4 Claims of the Client for compensation enforced against the Institute or its legal representatives, auxiliary persons or vicarious agents shall only be applicable in case of culpable loss of life, personal injury or harm to health, in case of material breach of contractual obligations, or in case of breach of obligations on the part of the Institute or its auxiliary persons by means of intent or gross negligence, or in case of fraudulent concealment of an error in the research.
8.5 In case of material breach of contractual obligations caused by grossly negligent damages, the Institute shall only be liable for foreseeable damages typical of the Agreement. The sum of damage compensation in such case shall be limited to the total net remuneration of the respective individual order. Compensation for indirect damages and unforeseeable subsequent damages is excluded. 8.6 Insofar as claims are enforced against the Client due to apparent breach of obligation on the part of the Institute, and insofar as the Client wishes to seek legal recourse from the Institute, the Institute shall be informed of this as early as possible. The Institute shall be entitled to conduct or oversee the legal dispute. This right of the Institute shall not affect the Client’s right of defence.