LIMITATION OF LIABILITY & INDEMNITY

Section 13.1

Limitation of Liability

To the maximum extent permitted by applicable Indian law, SPIRITS AND MALTS INDIA PRIVATE LIMITED (the "Company") shall not be held liable for any indirect, incidental, special, consequential, or punitive damages. This includes, but is strictly not limited to, loss of anticipated profits, revenue, goodwill, business interruption, or loss of data arising out of or in connection with the supply, use, or inability to use the products.

Section 13.2

Strict Financial Cap

Under no circumstances, regardless of the legal theory asserted (whether in contract, tort, warranty, or otherwise), shall the Company’s total aggregate liability for any direct claims, losses, or damages exceed the exact total invoice value of the specific order that gave rise to the dispute.

Section 13.3

Indemnification by the Buyer

The buyer agrees to unconditionally defend, indemnify, and hold harmless the Company, its directors, officers, employees, logistics partners, and affiliates from and against any and all third-party claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising directly or indirectly from the following:

Regulatory Violations

Any fines, penalties, or enforcement actions levied by government authorities due to the buyer's failure to comply with the Cigarettes and Other Tobacco Products Act, 2003 (COTPA), Legal Metrology rules, or local tax laws.

Resale & Diversion Breaches

Claims arising from unauthorized direct-to-consumer (D2C) sales, sales to minors, cross-border smuggling, or distributing products to unverified and unlicensed entities.

Product Tampering

Damages or legal actions resulting from the buyer altering, obscuring, or removing mandatory statutory health warnings, Maximum Retail Price (MRP) labels, or original packaging integrity.

Credential Misrepresentation

Any legal or financial liabilities resulting from the submission of fraudulent, expired, or suspended GSTINs, Tobacco Trade Licenses, or mandatory KYC documentation during account registration.

Section 13.4

Survival of Obligations

The indemnification obligations and liability limitations set forth in this section are continuing and shall survive the fulfillment of any individual order, the cancellation of a transaction, or the suspension/termination of the buyer's B2B account on the platform indefinitely.

Limitation of Liability & Indemnity