12. Liability
12.1 Lazada shall accept liability to the Buyer for death or injury resulting from its own or that of its employees' negligence. Save as aforesaid, Lazada’s liability under or in connection with the Contract shall be subject to the limitations set out in this Condition 12.

12.2 Lazada shall be under no liability whatsoever where this arises from a reason beyond its reasona-ble control as provided in Condition 9 or from an act or default of the Buyer.

12.3 In no event shall Lazada be liable for loss of profit or goodwill, loss of production or revenue or any type of special indirect or consequential loss whatsoever (including loss or damage suffered by the Buyer as a result of an action brought by a third party) even if such loss were reasonably foreseeable or Lazada had been advised of the possibility of the Buyer incurring the same.

12.4 Where time of performance has been agreed by Lazada becomes the essence of the Contract by means of notice by the Buyer to Lazada, as provided for in Clause 6.4, and Lazada fails to comply with its obligations in due time, so that the Buyer becomes entitled to compensation in accordance with Condition 6.4, Lazada’s liability shall be limited to an amount of ½% for each full week of delay, in total to a maximum cumulative amount of 5%, of the value of the delayed Goods.

12.5 The remedies set out in Condition 8 are the Buyer’s sole and exclusive remedies for non-conformity of or defects in the Goods or Services and Lazada’s liability for the same shall be limited in the manner specified in Condition 8.

12.6 Without prejudice to the sub-limits of liability applicable under this Condition 12 or elsewhere in these Conditions, Lazada’s maximum and cumulative total liability (including any liability for acts and omissions of its employees agents and sub-contractors) in respect of any and all claims for defective performance, breach of contract, compensation, indemnity, tort, misrepresentation, negligence at law or equity and any other damages or losses which may arise in connection with its performance or non-performance under the Contract, shall not exceed the total Contract price.

12.7 If a number of events give rise substantially to the same loss they shall be regarded as giving rise to only one claim under these Conditions.

12.8 No action shall be brought by Lazada later than 12 months after the date it became aware of the circumstances giving rise to a claim or the date when it ought reasonably to have become aware, and in any event, no later than 12 months after the end of the Warranty Period.