Frequency/market practice: It is commonly 10%-20% for warranties (other than key warranties (e.g., title, capitalization, authority)), except for W&I insurance insured transactions where the cap amount for business warranties is commonly EUR 1. Also fairly common is a cap of 100% of the purchase price for the seller's liability under the purchase agreement for all warranties (including key warranties) (subject to certain carve-outs).
Frequency/market practice: some apply to warranties only others apply to liability for covenants or indemnities.
Frequency/market practice: Fundamental warranties are often excepted (e.g., title, capitalization, authority) from the warranty cap. Where there is fraud by the seller, the limitations (including cap) are not applicable.
Frequency/market practice: A deductible is more often resisted and a tipping basket is fairly common.
Frequency/market practice: A general survival of 18-24 months is fairly common for the business warranties. Tax, social security, and key warranties are commonly longer than general warranties (statute of limitations). Environmental warranties can survive longer—covenants for five years.