Frequency/market practice: Mitigation is required by law and buyer's draft usually exclude the application of seller's limitations on liability for seller warranties from affecting common law rules on mitigation.
Is there an exclusion of consequential damages?
Frequency/market practice: Fairly common.
Are provisions that there is no liability if the buyer has knowledge common, or does buyer knowledge have no effect?
Frequency/market practice: It is fairly common to address the point as buyer's draft will often seek to exclude.
