Basis of liability. 6.1.1. The Freight Forwarder's duty of care The Freight Forwarder is liable if he fails to exercise due diligence and take reasonable measures in the performance of the Freight Forwarding Services, in which case he, subject to Art.8, shall compensate the Customer for loss of or damage to the Goods as well as for direct financial loss resulting from breach of his duty of care.
Basis of liability. (1) The Multi-modal Transport Operator shall be liable for loss resulting from loss of or damage to the goods for delay in delivery and any consequential loss or damage arising from such delay if the occurrence which caused such loss, damage or delay in delivery, took place while the goods were in his charge unless the Multimodal Transport Operator proves that he, his servants or agents or any other persons whose services used for the performance of the contract evidenced by this Multimodal Transport Document, took all measures that would reasonably be required to avoid the occurrence and its consequences.
(2) Where fault or neglect on the part of the Multimodal Transport Operator, his servants or agents or any other person whose services he uses for the performance of the contract evidenced by this MTD, combines with another cause to produce loss or damage or delay in delivery, the Multimodal Transport Operator shall be liable for such losses.
Basis of liability. The obligations of each of the Placing Banks under this Agreement are several and not joint or joint and several. Other than as expressly set out in this Agreement, nothing contained or implied in this Agreement constitutes a Placing Bank the partner, agent or representative of any other Placing Bank for any purpose or creates any partnership, agency or trust between them and none of them has the authority to bind the others in any way. No Placing Bank is liable to any other person for the acts or omissions of, advice given by or failure or default of another Placing Bank.
Basis of liability. 6.1.1. The Freight Forwarder's duty of care
Basis of liability. 1. The carrier is liable for loss resulting from loss of or damage to the goods, as well as from delay in delivery, if the occurrence which caused the loss, damage or delay took place while the goods were in his charge as defined in Article 4, unless the carrier proves that he, his servants or agents took all measures that could reasonably be required to avoid the occurrence and its consequences.
2. Delay in delivery occurs when the goods have not been delivered at the port of discharge provided for in the contract of carriage by sea within the time expressly agreed upon or, in the absence of such agreement, within the time which it would be reasonable to require of a diligent carrier, having regard to the circumstances of the case.
3. The person entitled to make a claim for the loss of goods may treat the goods as lost if they have not been delivered as required by article 4 within 60 consecutive days following the expiry of the time for delivery according to paragraph 2 of this Article.
(a) The carrier is liable:
(i) For loss or damage to the goods or delay in delivery caused by fire, if the claimant proves that the fire arose from fault or neglect on the part of the carrier, his servants or agents;
(ii) For such loss, damage or delay in delivery which is proved by the claimant to have resulted from the fault or neglect of the carrier, his servants or agents, in taking all measures that could reasonably be required to put out the fire and avoid or mitigate its consequences.
(b) In case of fire on board the ship affecting the goods, if the claimant or the carrier so desires, a survey in accordance with shipment practices must be held into the cause and circumstances of the fire, and a copy of the surveyor's report shall be made available on demand to the carrier and the claimant.
5. With respect to live animals, the carrier is not liable for loss, damage or delay in delivery resulting from any special risks inherent in that kind of carriage. If the carrier proves that he has complied with any special instructions given to him by the shipper respecting the animals and that, in the circumstances of the case, the loss, damage or delay in delivery could be attributed to such risks, it is presumed that the loss, damage or delay in delivery was so caused, unless there is proof that all or a part of the loss, damage or delay in delivery resulted from fault or neglect on the part of the carrier, his servants or agents.
6. The carrier is not liable, except in gene...
Basis of liability. 33.1 The liabilities and obligations of the Sellers under this Agreement shall be joint and several. If any liability of any of the Sellers is or becomes illegal, invalid or unenforceable in any respect, that shall not impair the liabilities of the other Sellers under this Agreement.
33.2 The liabilities and obligations of the Purchasers under this Agreement shall be joint and several. If any liability of any of the Purchasers is or becomes illegal, invalid or unenforceable in any respect, that shall not impair the liabilities of the other Purchaser under this Agreement.
Basis of liability. The carrier is liable for loss of or damage to the goods, as well as for delay in delivery, if the claimant proves that the loss, damage, or delay, or the event or circumstance that caused or contributed to it took place during the period of the carrier’s responsibility as defined in chapter 4 [being the period from receipt to delivery of goods].
Basis of liability. 1. The multimodal transport operator shall be liable for loss resulting from loss or damage to the goods, as well as from delay in delivery, if the occurrence which caused the loss, damage or delay in delivery took place while the goods were in his charge as defined in article 14, unless the multimodal transport operator proves that he, his servants or agents or any other person referred to in article 15 took all measures that could reasonably be required to avoid the occurrence and its consequences.
2. Delay in delivery occurs when the goods have not been delivered within the time expressly agreed upon or, in the absence of such agreement, within the time which it would be reasonable to require of a diligent multimodal transport operator, having regard to the circumstances of the case.
3. If the goods have not been delivered within 90 consecutive days following the date of delivery determined according to paragraph 2 of this article, the claimant may treat the goods as lost.
Basis of liability a) The responsibility of Eucon for the Goods under this Contract covers the period from the time Eucon has taken the Goods into its charge to the time of their Delivery.
b) Subject to the defences set forth in clauses 10 and 11, Eucon shall be liable for loss of or damage to the Goods if the occurrence which caused the loss or damage took place while the Goods were in its charge as defined in sub-clause 9 a), unless Eucon proves that no fault or neglect of its own, its servants or agents or any other person referred to in sub-clause 9 c) has caused or contributed to the loss or damage.
c) Eucon shall be responsible for the acts and omissions of its servants or agents, when any such servant or agent is acting within the scope of his employment, or of any other person of whose services it makes use for the performance of the Contract, as if such acts or omissions were their own.
d) Eucon shall not be liable for consequential loss, other than loss of or damage to the goods, except in so far as mandatory rules to this effect are applicable.
e) If Eucon is held liable in respect of delay, consequential loss or damage other than loss of or damage to the Goods, Eucon’s liability shall be limited to an amount not exceeding the equivalent of the freight for the relevant unit or units under the Multimodal Transport Contract or the value of the Goods, whichever is the lesser.
Basis of liability. 18.8.1 Any agreement, covenant, representation, warranty or undertaking pursuant to this Agreement on the part of two or more parties shall, save where the contrary is expressly provided, be deemed to be made on a several basis. Other than where joint action is expressly provided for, each of the Managers and Indemnified Persons shall (except as otherwise agreed among them) have the right to protect and enforce each of its rights without joining any of the others in any proceedings.
18.8.2 The obligations of the Managers under this Agreement are several and are not joint or joint and several.
18.8.3 Other than as expressly set out in this Agreement, nothing contained or implied in this Agreement constitutes a Manager as the partner, agent or representative of any other Manager for any purpose or creates any partnership, agency or trust between them and none of them has the authority to bind the others in any way. No Manager is liable to any other person for the acts or omissions of, advice given by or failure or default of another Manager.
