12.1. This Article only applies if Consumer is a natural person or a legal entity who is acting in a professional or commercial capacity.
12.2. The total liability of Mahtec Miner S.L., in respect of Consumer due to an attributable failure to perform the Agreement is limited to compensation not exceeding the price stipulated for that particular Agreement (including VAT).
12.3. The liability of Mahtec Miner S.L., in respect of Consumer for indirect damage or loss, which in any case includes – but is explicitly not limited to – consequential damage, lost profit, lost savings, loss of data and damage due to business interruption, is excluded.
12.4. Aside from the cases referred to in the two previous paragraphs of this Article, Mahtec Miner S.L., is not subject to any liability at all in respect of Consumer for damages, irrespective of the ground on which the action for damages is based. The restrictions set out in this Article, will, however, cease to apply if and insofar as the damage or loss is the result of an intentional act or gross negligence on the part of Mahtec Miner S.L.
12.5. Mahtec Miner S.L., will only be liable to Consumer on account of an attributable failure in the performance of an agreement if Consumer issues a proper notice of default to Mahtec Miner S.L., without delay stipulating a reasonable period of time in which to remedy the failure, and Mahtec Miner S.L., also continues to fail to perform its obligations after that period. The notice of default must contain a description of the failure in as much detail as possible to enable Mahtec Miner S.L., to provide an adequate response.
12.6. Any event giving right to compensation is always subject to the condition that Consumer reports the damage or loss in writing to Mahtec Miner S.L., as soon as possible, but no later than within 30 days after the damage or loss has arisen.
12.7. In the event of force majeure Mahtec Miner S.L., is not liable to pay compensation for any damage or loss Consumer has incurred as a result.