Artikel 5:108 Limitation of Liability

In contracts between two parties that both act in the course of their business, a term restricting the designer's liability for non-performance to the value of the structure, thing or service that is to be constructed or performed by or on behalf of the client following the design, is presumed to be fair and reasonable within the meaning of Article 1:114(2) (Limitation of Liability) unless the damage was caused intentionally or by way of grossly negligent behaviour on the part of the designer or any person for whose actions the designer is responsible.