Frequency/market practice: Very common. It is usually 50% - 80% of the purchase price.
Frequency/market practice: Both are seen regularly
Frequency/market practice: Key warranties are often excepted (e.g., title, capitalisation, authority). Often, tax and specific areas of concern are also excepted, sometimes with specific higher caps. Separate caps can be negotiated.
Frequency/market practice: In terms of common law, it is three years from the date on which a plaintiff became aware of the claim. In terms of the agreement, this is a heavily negotiated point and depends on the type of warranty that the limitation seeks to cover. This can be anything from six to 24 months for business related warranties and longer for title, tax, environmental and competition-related warranties.
Frequency/market practice: Yes, however any limitations of liability do not apply in the case of fraud. Common carve-outs also include tax, environmental and competition-related warranties where a longer period is typically agreed.