7.2 Excluded Damages
No party shall be liable for any special, consequential, indirect or exemplary damages arising from any breach of this Agreement.
7.3 Intermediaries
7.3.1 If a Party uses the services of any intermediary in order to transmit, log or process EDI messages, that the Party shall be responsible towards the other Party or Parties for any acts, failures or omissions of the intermediary not being wilful misconduct or gross negligence as though they were his own acts, failures or omissions and for the purposes of this understanding, the intermediary shall be deemed to be acting on behalf of that Party.
7.3.2 If a Party instructs any other Party to use the services of an intermediary for transmitting, logging or processing EDI messages then the instructing Party shall be responsible towards the other Party for such intermediary's acts, failures or omissions.
7.3.3 Parties shall ensure that it is a contractual responsibility of the intermediary that no change is made to the substantive data content of the EDI messages to be retransmitted and that such EDI messages are not disclosed to any unauthorised person.
7.3.4 In case of wilful misconduct of said intermediary, such intermediary shall be liable against his principle for his acts, failures or omissions.
7.4 Default
Upon becoming aware of any circumstances resulting in failure, delay or error in performing its obligations, each Party shall immediately inform the other Party(ies) hereto and use their best endeavors to communicate by alternative means. Any planned non-availability of either Party(ies) interchange facility must be reported 48 hours in advance to the other Party(ies).
