What is the common cap amount (as a percentage of purchase price)?
Frequency/market practice: It is commonly less than 100%. Bigger deals in terms of purchase price tend to have a lower aggregate cap.
Does the cap (and other liability limitations) apply to the whole agreement or just warranties (or particular terms)?
Frequency/market practice: This is determined on a case-by-case basis, but a liability cap on warranties only is more common.
What are the common exceptions to the cap?
Frequency/market practice: A waiver/limitation of liability for fraud and gross negligence is void under Philippine law; carve-outs of key or fundamental warranties (e.g., title, capitalization, authority) from the liability cap are more common.
How long does seller liability survive?
Frequency/market practice: A cap on the period of survival is fairly common, but the period varies case by case.