Mar 22, 2009 09:53
15 yrs ago
23 viewers *
English term

cover damages

English Tech/Engineering Law: Contract(s)
Seller shall not be liable for any special indirect, cover, or consequential damages under any circumstances whatsoever, whether based on lost goodwill, lost resale profits, work stoppage, impairment of other goods or otherwise and whether arising out of breach of any express or implied warranty, breach of contract, negligence or otherwise or patent or latent defect or otherwise.
Definition?

Responses

+2
44 mins
Selected

Any product damage or costs, pain and or suffering the buyer may incur.

Any product damage or costs the buyer may incur or feel they have incurred after their purchase, or from their purchase.

The seller is saying the buyer buys the product "as is where is" and all care and responsibility ends when the money changes hands.

Actually the whole paragraph explains all the damages which the seller will not be responsible for, so it, in itself answers your question.

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Note added at 1 hr (2009-03-22 11:11:54 GMT)
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cover, is the their way of saying there is no damage cover implied or given, the product is not covered by the seller for damage and if you want cover you will have to insurer it yourself. or take out an insurance cover.

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Note added at 2 days10 hrs (2009-03-24 20:01:30 GMT) Post-grading
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Thank you
Peer comment(s):

agree Pham Huu Phuoc
18 hrs
Thanks Pham
agree Polangmar
2 days 6 hrs
THANK YOU
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4 KudoZ points awarded for this answer. Comment: "Thanks a lot"
5 mins

hidden damages

because I suppose that it should read covered damages rather than cover damages
Peer comment(s):

neutral Polangmar : No need to suppose anything. Just compare: http://je.pl/swe6 and http://je.pl/z64p .
3 hrs
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40 mins

unforeseen damages

I would intepret it this way.
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16 hrs

"obtaining a substitute"

Consequential damages are those that are not a direct result of an act, but a consequence of the initial act. To be awarded consequential damages in a lawsuit, they must be a foreseeable result of an act. In a contractual situation, consequential damages resulting from the seller’s breach include any loss resulting from general or particular requirements and needs of which the seller at the time of contracting had reason to know and which could not reasonably be prevented by cover (obtaining a substitute) or otherwise. Many warranties seek to exclude or limit consequential damages, such as exclusion for loss of time, inconvenience, loss of use of the vehicle or commercial loss in car warranties.

The following is an example of a state statute dealing with consequential damages in a lease situation:

"Incidental damages resulting from a lessor's default include expenses reasonably incurred in inspection, receipt, transportation, and care and custody of goods rightfully rejected or goods the acceptance of which is justifiably revoked, any commercially reasonable charges, expenses or commissions in connection with effecting cover, and any other reasonable expense incident to the default.
Consequential damages resulting from a lessor's default include:
any loss resulting from general or particular requirements and needs of which the lessor at the time of contracting had reason to know and which could not reasonably be prevented by cover or otherwise; and
injury to person or property proximately resulting from any breach of warranty."


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Note added at 16 hrs (2009-03-23 02:07:18 GMT)
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http://definitions.uslegal.com/c/consequential-damages/
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