Reference no: EM131473794

Question: Gary Trimble placed a written order for advertising for his business in Ameritech's 1994-95 PAGESPLUS Directory. Ameritech failed to publish Trimble's advertisement. The contract that Trimble had signed provided: if publisher should be found liable for loss or damage due to a failure on the part of the publisher or its directory, in any respect, regardless of whether customer's claim is based on contract, tort, strict liability, or otherwise, the liability shall be limited to an amount equal to the contract price for the disputed advertisement, or that sum of money actually paid by the customer toward the disputed advertisements, whichever sum shall be less, as liquidated damages and not as a penalty, and this liability shall be exclusive. In no event shall publisher be liable for any loss of customer's business, revenues, profits, the cost to the customer of other advertisements or any other special, incidental, consequential or punitive damages of any nature, or for any claim against the customer by a third party. Trimble was not charged for the advertisement. He filed suit for damages arising from loss of business. The trial court granted Ameritech's request for summary judgment and Trimble appealed. Is the clause in the parties' contract limiting Ameritech's liability valid and enforceable?