1) In case of breach of contractual and noncontractual duties ENB shall be liable in accordance with the relevant statutory provisions, as long as they do not fall under any cases specified in these Conditions including the provisions below.
2) ENB shall be liable to compensate, irrespective of legal ground, in the event of intent and gross negligence. In the case of ordinary negligence, ENB shall be liable only
a) for damage resulting from injury to life, body or health;
b) for damage due to breach of an essential contractual duty (an obligation that has to be fulfilled to enable the contract to be duly performed and on the satisfaction of which the other party regularly relies and may rely); in this case ENB's liability shall be limited to compensation for the foreseeable damage typically occurring.
3)The limitations of liability according to 8.2 shall not apply if ENB conceals a defect with intent to deceive or if ENB has warranted the quality of the goods. The same shall apply to the Customer’s claims under the Product Liability Act.
4) The Customer may withdraw or cancel on the grounds of a breach of duty that is not a defect, only if ENB is responsible for the breach of duty. The Customer’s free right of cancellation (in particular in accordance with Sections 651 and 649 of the German Civil Code) is excluded. Otherwise the statutory requirements and legal consequences shall apply.