Limitation of Liability

1. The following provisions set out the exclusions and limitations of liability of The Mayor and Burgesses of the London Borough of Wandsworth (“the Council”) as lead authority for the PARSOL Consortium (including without limitation its employees, agents and sub-contractors) to you in respect of any products and/or toolkits set out herein; and/or the Council's tortuous act or omission including without limitation or breach of statutory duty arising in connection with the products and/or toolkits set out herein.
   
2. The toolkits set out herein are designed to assist you to assess the extent to which the products described herein may, if implemented, contribute to your organisation achieving its objectives, meeting national targets and improving costs effectiveness. The use of these products and/or toolkits is not a substitute for your own evaluation and approval processes. You shall be entirely responsible for:
   

   1. deciding whether the products are appropriate to your needs;
   2. complying with all statutory requirements;
   3. assessing the risks of using the products and/or toolkits;
   4. ensuring processes are put in place to mitigate the risks of using the products and/or toolkits; and
   5. accepting any residual risk.
   
   To the extent permitted by applicable law, the Council shall not accept any liability resulting from or in connection with the use of the products and/or toolkits described herein and you shall fully indemnify the Council for and against any liability that the Council may incur as a result of any breach committed by you in respect of your use of the products and/or toolkits.
3. Nothing herein shall be taken to exclude or limit the Council's liability for:
 
1. death or personal injury caused by the Council's negligence;
2. fraudulent misrepresentation; or
3. any liability which cannot be excluded or limited by applicable law.
4. Subject to Clause 3 and Clause 5 herein, the Council's liability for loss or damage to tangible property caused by its negligent or wilful acts or omissions in connection with any products and/or toolkits set out herein shall be limited to £5,000 per event or series of connected events.
   
5. Subject to Clause 4, the Council shall not be liable to you for any consequential loss, including, but not limited to, loss of profits; loss of sales or turnover; loss of or damage to reputation; loss of product; loss of anticipated savings; loss of goodwill or business opportunities; loss of customers; loss under or in relation to any other contract; or any special, consequential or indirect loss or damage, costs, expenses or other claims for consequential compensation.
   
6. Save for the Council's liability under Clause 3 which shall not be excluded or limited hereunder and under Clauses 4 and 5 (which liability is as set out herein), the Council limits all other liability in contract, tort (including negligence), breach of statutory duty, misrepresentation or otherwise, arising under or in connection with the products and/or toolkits to £5,000 per event or series of connected events.
   
7. You acknowledge that the Council has agreed to provide the products and/or toolkits set out herein free of charge on the basis of the exclusions and restrictions of liability set out herein. In these circumstances, you agree that these limitations are reasonable and will accept the risk and insure accordingly.
   
8. Each of the provisions set out above is severable. If any provision shall become or shall be declared by any Court of competent jurisdiction to be invalid or unenforceable in any way such invalidity or unenforceability shall not in any way impair or affect any other provision all of which shall remain in full force and effect.
   
9. Any dispute arising out of the products and/or toolkits is subject to the jurisdiction of the English courts and the laws of England and Wales .