Is there an exclusion of consequential damages?
Frequency/market practice: It is fairly common to negotiate the definition of damages, including or excluding certain items (such as consequential damages or loss of profit) on the basis of each particular case.
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 common to have provisions dealing with the impact of the knowledge of the buyer. Depending on the parties' respective bargaining position and the particulars of each case, knowledge of the buyer may or may not exclude the seller's liability for breach of warranties.