Limitation of liability
1.1 Nothing in these Conditions shall limit or exclude the Supplier’s liability for:
1.1.1 death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors (as applicable);
1.1.2 fraud or fraudulent misrepresentation;
1.1.3 breach of the terms implied by section 12 of the Sale of Goods Act 1979;
1.1.4 defective products under the Consumer Protection Act 1987; or
1.1.5 any matter in respect of which it would be unlawful for the Supplier to exclude or restrict liability.
1.2 Subject to clause 1.1:
1.2.1 the Supplier shall under no circumstances whatever be liable to the Customer, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with the Contract; and
1.2.2 the Supplier’s total liability to the Customer in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed 90% of the Supplier’s insurance cover.