Common use of BASIC LIABILITY Clause in Contracts

BASIC LIABILITY. 6.1 Carrier shall be liable for loss of or damage to the Goods occurring between the time when it takes the 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 proven 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 Notwithstanding anything herein, 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 Xxxxxxxx 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 packing in the case of Goods, which by their nature are liable to wastage or damage when not packed or when not properly packed, (f) insufficiency or inadequacy of marks or numbers on the Goods, coverings or unit loads, (g) fire, unless caused by actual fault or privity of Carrier, (h) any cause or event which Carrier could not avoid and the consequences of which it could not prevent by the exercise of due diligence. 6.8 When any claims are paid to Merchant by Carrier, Carrier shall automatically be subrogated to all rights of Merchant against all others, including Inland Carriers, on account of the losses or damages for which such claims are paid. 6.9 The defenses and limits of liability provided for in this Bill of Lading shall apply in any action or claim against Carrier relating to the Goods, or the receipt, transportation, storage or delivery thereof, whether the action be founded in contract, tort or otherwise.

BASIC LIABILITY. 6.1 Carrier shall be liable for loss of or damage to the Goods goods occurring between the time when it takes the Goods 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 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 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 proven 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 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 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 Notwithstanding anything herein, Carrier shall not be liable for any loss or damage arising from: (a) an act or omission of Merchant or Person person other than Carrier acting on behalf of Xxxxxxxx Merchant from whom Xxxxxxx took the Goods goods in charge, (b) compliance with the instructions of any Person person authorized to give them, (c) handling, loading, stowage or unloading of the Goods goods by or on behalf of Merchant, (d) inherent vice of the Goodsgoods, (e) lack or insufficiency of or defective condition of packing in the case of Goodsgoods, which by their nature are liable to wastage or damage when not packed or when not properly packed, (f) insufficiency or inadequacy of marks or numbers on the Goodsgoods, coverings or unit loads, (g) fire, unless caused by actual fault or privity of Carrier, (h) any cause or event which Carrier could not avoid and the consequences of which it he could not prevent by the exercise of due diligence. 6.8 When any claims are paid to Merchant by Carrier, Carrier shall automatically be subrogated to all rights of Merchant against all others, including Inland Carriers, on account of the losses or damages for which such claims are paid. 6.9 The defenses and limits of liability provided for in this Bill of Lading shall apply in any action or claim against Carrier relating to the Goodsgoods, or the receipt, transportation, storage or delivery thereof, whether the action be founded in contract, tort or otherwise.

BASIC LIABILITY. 6.1 Carrier shall be liable for loss of or damage to the Goods goods occurring between the time when it takes the Goods 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 goods occurred during sea carriagecarriage or during carriage by land in the United States, 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 proven 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) and would have applied if Merchant Xxxxxxxx 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 6.4 If it cannot be determined when the loss of or damage to the Goods 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 6.5 Carrier does not undertake that the Goods 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 Notwithstanding anything herein, 6.6 Carrier shall not be liable for any loss or damage arising from: (a) an act or omission of Merchant or Person person other than Carrier acting on behalf of Xxxxxxxx Merchant from whom Xxxxxxx took the Goods goods in charge, (b) compliance with the instructions of any Person person authorized to give them, (c) handling, loading, stowage or unloading of the Goods goods by or on behalf of Merchant, , (d) inherent vice of the Goodsgoods or concealed damage to or shortage of goods packed by Merchant, (e) lack or insufficiency of or defective condition of packing in the case of Goodsgoods, which by their nature are liable to wastage or damage when not packed or when not properly packed, (f) insufficiency or inadequacy of marks or numbers on the Goodsgoods, coverings or unit loads, (g) fire, unless caused by actual fault or privity of Carrier, (h) any cause or event which Carrier could not avoid and the consequences of which it he could not prevent by the exercise of due diligence. 6.8 6.7 When any Carrier pays claims are paid to Merchant by CarrierMerchant, Carrier shall automatically be subrogated to all rights of Merchant against all others, including Inland Carriers, on account of the losses or damages for which such claims are paid. 6.9 6.8 The defenses and limits of liability provided for in this Bill of Lading shall apply in any action or claim against Carrier relating to the Goodsgoods, or the receipt, transportation, storage or delivery thereof, whether the action be founded in contract, tort or otherwise.

BASIC LIABILITY. 6.1 Carrier shall be liable for loss of or damage to the Goods goods occurring between the time when it takes the Goods 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 goods occurred during sea carriagecarriage or during carriage by land in the United States, 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 proven 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) and 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 6.4 If it cannot be determined when the loss of or damage to the Goods 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 6.5 Carrier does not undertake that the Goods 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 Notwithstanding anything herein, 6.6 Carrier shall not be liable for any loss or damage arising from: (a) an act or omission of Merchant or Person person other than Carrier acting on behalf of Xxxxxxxx Merchant from whom Xxxxxxx took the Goods goods in charge, (b) compliance with the instructions of any Person person authorized to give them, (c) handling, loading, stowage or unloading of the Goods goods by or on behalf of Merchant, (d) inherent vice of the Goodsgoods or concealed damage to or shortage of goods packed by Merchant, (e) lack or insufficiency of or defective condition of packing in the case of Goodsgoods, which by their nature are liable to wastage or damage when not packed or when not properly packed, (f) insufficiency or inadequacy of marks or numbers on the Goodsgoods, coverings or unit loads, (g) fire, unless caused by actual fault or privity of Carrier, (h) any cause or event which Carrier could not avoid and the consequences of which it he could not prevent by the exercise of due diligence. 6.8 6.7 When any Carrier pays claims are paid to Merchant by CarrierMerchant, Carrier shall automatically be subrogated to all rights of Merchant against all others, including Inland Carriers, on account of the losses or damages for which such claims are paid. 6.9 6.8 The defenses and limits of liability provided for in this Bill of Lading shall apply in any action or claim against Carrier relating to the Goodsgoods, or the receipt, transportation, storage or delivery thereof, whether the action be founded in contract, tort or otherwise.

BASIC LIABILITY. 6.1 Carrier shall be liable for loss of or damage to the Goods goods occurring between the time when it takes the Goods 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.. In no event shall Carrier be responsible for loss or damage to the Goods occurring before Xxxxxxx’s receipt of goods or after the delivery of the goods to the Merchant or its designee 6.2 If it is established that the loss of or damage to the Goods goods occurred during sea carriage, or during Carriage by land in the United States 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 proven 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 6.4 If it cannot be determined when the loss of or damage to the Goods 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 6.5 Carrier does not undertake that the Goods 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 Notwithstanding anything herein, 6.6 Carrier shall not be liable for any loss or damage arising from: (a) an act or omission of Merchant or Person person other than Carrier acting on behalf of Xxxxxxxx Merchant from whom Xxxxxxx took the Goods goods in charge, (b) compliance with the instructions of any Person person authorized to give them, (c) handling, loading, stowage or unloading of the Goods goods by or on behalf of Merchant, (d) inherent vice of the Goodsgoods, or concealed damage to or shortage of goods packed by Merchant, (e) lack or insufficiency of or defective condition of packing in the case of Goodsgoods, which by their nature are liable to wastage or damage when not packed or when not properly packed, (f) insufficiency or inadequacy of marks or numbers on the Goodsgoods, coverings or unit loads, (g) fire, unless caused by actual fault or privity of Carrier, (h) any cause or event which Carrier could not avoid and the consequences of which it he could not prevent by the exercise of due diligence. 6.8 6.7 When any claims are paid to Merchant by Carrier, Carrier shall automatically be subrogated to all rights of Merchant against all others, including Inland Carriers, on account of the losses or damages for which such claims are paid. 6.9 6.8 The defenses and limits of liability provided for in this Bill of Lading shall apply in any action or claim against Carrier relating to the Goodsgoods, or the receipt, transportation, storage or delivery thereof, whether the action be founded in contract, tort or otherwise. 6.9 Nothing in this Bill of Lading shall operate to limit or deprive the Carrier of any statutory protection or exemption or limitation of liability authorized by any applicable laws, statutes or regulations of any country. 6.10 Merchant has duty to defend and indemnify Carrier against any and all claims by a third party or assignee of Merchant which imposes or attempts to impose upon Carrier any liability in connection with the Goods other than or in excess from that as provided herein, whether or not arising from negligence of Carrier, its Subcontractors, servants or agents.

BASIC LIABILITY. 6.1 Carrier shall be liable for loss of or damage to the Goods occurring between the time when it takes the 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 proven 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 Notwithstanding anything herein, Carrier shall not be liable for any loss or damage arising from: (a) an act or omission of Merchant or Person person other than Carrier acting on behalf of Xxxxxxxx from whom Xxxxxxx took the Goods in charge, (b) compliance with the instructions of any Person 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 packing in the case of Goods, which by their nature are liable to wastage or damage when not packed or when not properly packed, (f) insufficiency or inadequacy of marks or numbers on the Goods, coverings or unit loads, (g) fire, unless caused by actual fault or privity of Carrier, (h) any cause or event which Carrier could not avoid and the consequences of which it could not prevent by the exercise of due diligence. 6.8 When any claims are paid to Merchant by Carrier, Carrier shall automatically be subrogated to all rights of Merchant against all others, including Inland Carriers, on account of the losses or damages for which such claims are paid. 6.9 The defenses and limits of liability provided for in this Bill of Lading shall apply in any action or claim against Carrier relating to the Goods, or the receipt, transportation, storage or delivery thereof, whether the action be founded in contract, tort or otherwise.

BASIC LIABILITY. 6.1 Carrier shall be liable for loss of or damage to the Goods goods occurring between the time when it takes the Goods 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 goods occurred during sea carriagecarriage or during carriage by land in the United States, 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 proven 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) and would have applied if Merchant Xxxxxxxx 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 6.4 If it cannot be determined when the loss of or damage to the Goods 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 6.5 Carrier does not undertake that the Goods 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 Notwithstanding anything herein, 6.6 Carrier shall not be liable for any loss or damage arising from: (a) an act or omission of Merchant or Person person other than Carrier acting on behalf of Xxxxxxxx Merchant from whom Xxxxxxx took the Goods goods in charge, (b) compliance with the instructions of any Person person authorized to give them, (c) handling, loading, stowage or unloading of the Goods goods by or on behalf of Merchant, (d) inherent vice of the Goodsgoods or concealed damage to or shortage of goods packed by Merchant, (e) lack or insufficiency of or defective condition of packing in the case of Goodsgoods, which by their nature are liable to wastage or damage when not packed or when not properly packed, (f) insufficiency or inadequacy of marks or numbers on the Goodsgoods, coverings or unit loads, (g) fire, unless caused by actual fault or privity of Carrier, (h) any cause or event which Carrier could not avoid and the consequences of which it he could not prevent by the exercise of due diligence. 6.8 6.7 When any Carrier pays claims are paid to Merchant by CarrierMerchant, Carrier shall automatically be subrogated to all rights of Merchant against all others, including Inland Carriers, on account of the losses or damages for which such claims are paid. 6.9 6.8 The defenses and limits of liability provided for in this Bill of Lading shall apply in any action or claim against Carrier relating to the Goodsgoods, or the receipt, transportation, storage or delivery thereof, whether the action be founded in contract, tort or otherwise.

BASIC LIABILITY. 6.1 Carrier shall be liable for loss of or damage to the Goods goods occurring between the time when it takes the Goods 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 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 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 proven 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 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 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 Notwithstanding anything herein, Carrier shall not be liable for any loss or damage arising from: (a) an act or omission of Merchant or Person person other than Carrier acting on behalf of Xxxxxxxx Merchant from whom Xxxxxxx took the Goods goods in charge, (b) compliance with the instructions of any Person person authorized to give them, (c) handling, loading, stowage or unloading of the Goods goods by or on behalf of Merchant, (d) inherent vice of the Goodsgoods, (e) lack or insufficiency of or defective condition of packing in the case of Goodsgoods, which by their nature are liable to wastage or damage when not packed or when not properly packed, (f) insufficiency or inadequacy of marks or numbers on the Goodsgoods, coverings or unit loads, (g) fire, unless caused by actual fault or privity of Carrier, (h) any cause or event which Carrier could not avoid and the consequences of which it he could not prevent by the exercise of due diligence. 6.8 When any claims are paid to Merchant by Carrier, Carrier shall automatically be subrogated to all rights of Merchant against all others, including Inland Carriers, on account of the losses or damages for which such claims are paid. 6.9 The defenses and limits of liability provided for in this Bill of Lading shall apply in any action or claim against Carrier relating to the Goodsgoods, or the receipt, transportation, storage or delivery thereof, whether the action be founded in contract, tort or otherwise.

BASIC LIABILITY. 6.1 Carrier shall be liable for loss of or damage to the Goods goods occurring between the time when it takes the Goods 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 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 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 proven 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 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 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 Notwithstanding anything herein, Carrier shall not be liable for any loss or damage arising from: (a) : an act or omission of Merchant or Person person other than Carrier acting on behalf of Xxxxxxxx from whom Xxxxxxx took the Goods goods in charge, (ba) compliance with the instructions of any Person person authorized to give them, (cb) handling, loading, stowage or unloading of the Goods goods by or on behalf of Merchant, (dc) inherent vice of the Goodsgoods, (ed) lack or insufficiency of or defective condition of packing in the case of Goodsgoods, which by their nature are liable to wastage or damage when not packed or when not properly packed, (fe) insufficiency or inadequacy of marks or numbers on the Goodsgoods, coverings or unit loads, (gf) fire, unless caused by actual fault or privity of Carrier, (hg) any cause or event which Carrier could not avoid and the consequences of which it he could not prevent by the exercise of due diligence. 6.8 When any claims are paid to Merchant by Carrier, Carrier shall automatically be subrogated to all rights of Merchant against all others, including Inland Carriers, on account of the losses or damages for which such claims are paid. 6.9 The defenses and limits of liability provided for in this Bill of Lading shall apply in any action or claim against Carrier relating to the Goodsgoods, or the receipt, transportation, storage or delivery thereof, whether the action be founded in contract, tort or otherwise.

BASIC LIABILITY. 6.1 6.1. Carrier shall be liable for loss of or damage to the Goods goods occurring between the time when it takes the Goods 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 6.2. If it is established that the loss of or damage to the Goods goods occurred during sea carriagecarriage or during carriage by land in the United States, 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 6.3. 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 proven 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 6.4. If it cannot be determined when the loss of or damage to the Goods 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 . Xxxxxxx does not undertake that the Goods 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 Notwithstanding anything herein, 6.5. Carrier shall not be liable for any loss or damage arising from: (a) an act or omission of Merchant or Person person other than Carrier acting on behalf of Xxxxxxxx Merchant from whom Xxxxxxx took the Goods goods in charge, (b) compliance with the instructions of any Person person authorized to give them, (c) handling, loading, stowage or unloading of the Goods goods by or on behalf of Merchant, (d) inherent vice of the Goodsgoods or concealed damage to or shortage of goods packed by Merchant, (e) lack or insufficiency of or defective condition of packing in the case of Goodsgoods, which by their nature are liable to wastage or damage when not packed or when not properly packed, (f) insufficiency or inadequacy of marks or numbers on the Goodsgoods, coverings or unit loads, (g) fire, unless caused by actual fault or privity of Carrier, (h) any cause or event which Carrier could not avoid and the consequences of which it he could not prevent by the exercise of due diligence. 6.8 6.6. When any Carrier pays claims are paid to Merchant by CarrierMerchant, Carrier shall automatically be subrogated to all rights of Merchant against all others, including Inland Carriers, on account of the losses or damages for which such claims are paid. 6.9 6.7. The defenses and limits of liability provided for in this Bill of Lading shall apply in any action or claim against Carrier relating to the Goodsgoods, or the receipt, transportation, storage or delivery thereof, whether the action be founded in contract, tort or otherwise.