We will not be liable for any loss of income, loss of profits, loss of markets, loss of reputation, loss of customers, loss of use, loss of an opportunity or for any indirect, incidental, special or consequential damages or loss howsoever arising including but not limited to the loss, damage, delay, miss
delivery or non delivery of your shipment even if we had knowledge that such damages or loss might arise.
We are not liable if your shipment or any part of it is lost, damaged, delayed or miss-delivered or not delivered or if we do not fulfil any obligations towards you at all as a result of:
a.) Circumstances beyond our control such as (but limited to)
- Acts of God including, but not limited to, earthquakes, cyclones, storms, flooding, fire, disease, fog, snow or frost.
- Any major force including, but not limited to, war, accidents, acts of public enemies, strikes, embargoes, perils of the air, local disputes or civil commissions.
- National or local disruptions in air, ground or sea transportation networks and mechanical problems to modes of transport or machinery.
- Latent defects or inherent vice in the contents of the shipment.
- Criminal acts of third parties such as but not limited to theft or arson.
b.) Your acts or emissions or those of third parties such as:
- You being in breach of (or any other party claiming an interest in the shipment causing you to breach) your obligations under these terms and conditions and in particular those warranties set out in condition 2.
An act or emission of any customs, airline, airport or government official.
- The contents of the shipment consisting of any article that is a prohibited item even though we may have accepted the shipment by mistake.
We are not a common carrier and do not accept from you any liabilities of a common carrier. Subject to the conditions above we limit our liability for any loss, damage or delay to your shipment or any part of it as follows:
a.) Carriage by air: if the carriage of your shipment is solely or partly by air and involves an ultimate destination or a stop in a country other than the country of departure the Warsaw convention (1929), or the Warsaw convention as amended by the Hague protocol (1955) and/or Montreal protocol No.4 (1975),
or the Montreal convention (1999), whichever is compulsorily applicable will apply. These international treaties govern and limit our liability for loss, damage or delay to your shipment to 17 special drawing rights per kilo (App £15.00 per kilo although the rate of exchange is variable).
b.) Carriage by road: if we carry your shipment by road within, to or from a country that is a party to the convention on the contract for the international carriage of goods by road 1956 (CMR) our liability for loss or damage to your shipment shall be governed by the CMR and thus limited to 8.33 special
drawing rights per kilo (approximately £8.00 per kilo although the rate of exchange is variable).
c.) Carriage by sea: for sea shipments, if from the U.S. the liability of the carrier and / or vessel shall not exceed US$500 per package or customary freight unit cost. In all other cases, compensation shall not exceed 2SDR per kilo of the gross weight of the goods lost or damaged (approximately £2.00 per
kilo although the rate of exchange is variable).
In the case of delay where you can show us that you have suffered loss our liability is limited to refunding you the charge you paid us for carriage in respect of that shipment or the part which was delayed.
- If we have a liability to you for whatever reason including without limitation breach of contract, negligence, wilful act or default and
- none of the conventions referred to above under a.) and b.) apply compulsory, or
- such liability is not governed by any of the above mentioned conventions pursuant to 12
a.) or b.) nor any other law or convention, compulsorily or;
- It relates to any services not being carriage by air, road or sea, our liability to you is at all times limited to the actual cost incurred by you to acquire or repair the shipment or the part affected within every case an upper limit that does not exceed £15.00 per kilo with a maximum of £15,000.00 per shipment.
In the case of delay where you can show to us that you have suffered loss. Our liability is limited to refunding to you the charge you paid us for carriage in respect of that shipment or the part which was delayed.