BASIC LIABILITY. 6.1 Carrier shall be liable for loss of or damage to the goods occurring between the time when it takes goods into its custody and the time of delivery but shall not be liable for any consequential or special damages arising from such loss or damage.
6.2 If it is established that the loss of or damage to the goods occurred during sea carriage, liability shall be governed by the legal rules applicable as provided in Section 1 of this Bill of Lading.
6.3 Notwithstanding Section 1 of this Bill of Lading, if it is established that the loss or damage to the goods occurred during carriage by land in the United States, liability shall be governed by the provisions of Section 7.4 of this Bill of Lading.
6.4 Notwithstanding Section 1 of this Bill of Lading, if the loss or damage occurred outside of the United States not during sea carriage and it can be proved where the loss or damage occurred, the liability of Carrier in respect of such loss or damage shall be determined by the provisions contained in any international convention or national law, which provisions:
(a) cannot be departed from by private contract to the detriment of Merchant, and
(b) would have applied if Merchant had made a separate and direct contract with Carrier in respect of the particular stage of transport where the loss or damage occurred and received as evidence thereof any particular document which must be issued in order to make such international convention or national law applicable;
(c) where (a) or (b) above do not apply, any liability of Carrier shall be limited to the amount set forth in Section 7.4 of this Bill of Lading.
6.5 If it cannot be determined when the loss of or damage to the goods occurred, it shall be presumed that such loss or damage occurred during sea carriage and liability shall be governed as provided in Section 6.2 above.
6.6 Carrier does not undertake that the goods shall be delivered at any particular time or for any particular market and shall not be liable for any direct or indirect losses caused by any delay.
6.7 Carrier shall not be liable for any loss or damage arising from:
(a) an act or omission of Merchant or person other than Carrier acting on behalf of Merchant from whom Xxxxxxx took the goods in charge,
(b) compliance with the instructions of any person authorized to give them,
(c) handling, loading, stowage or unloading of the goods by or on behalf of Merchant,
(d) inherent vice of the goods,
(e) lack or insufficiency of or defective condition of pac...
BASIC LIABILITY. Carrier shall be liable for loss of or damage to the goods occurring between the time when it takes goods into its custody and the time of delivery but shall not be liable for any consequential or special damages arising from such loss or damage.
BASIC LIABILITY. Koppermann's liability and Licensee's sole remedy, shall be the repair or replacement of the Software or the dongle, which shall be returned to Koppermann together with the assertion of the warranty claim and with a copy of the proof of purchase. There shall be no warranty claim if the failure is the responsibility of Licensee (such as a defective application). Koppermann shall warrant a replacement Software only for the remainder of the original warranty period or for 30 (thirty) days, whichever is longer. Koppermann disclaims all other warranties with respect to the Software, related manuals, written materials and the dongle.
