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. 21.1 The liabilities and obligations of the Buyers under this agreement shall be joint and several. If any liability of any of the Buyers is or becomes illegal, invalid or unenforceable in any respect, that shall not impair the liabilities of any other Buyer under this agreement.
Basis of liability. 1. The carrier shall be liable for loss or damage resulting from the total or partial loss of, or damage to, registered luggage between the time of taking over by the carrier and the time of delivery as well as from delay in delivery.
2. The carrier shall be relieved of this liability to the extent that the loss, damage or delay in delivery was caused by a fault of the passenger, by an order given by the passenger other than as a result of the fault of the carrier, by an inherent defect in the registered luggage or by circumstances which the carrier could not avoid and the consequences of which he was unable to prevent.
3. The carrier shall be relieved of this liability to the extent that the loss or damage arises from the special risks inherent in one or more of the following circumstances:
(a) the absence or inadequacy of packing;
(b) the special nature of the luggage;
(c) the consignment as luggage of articles not acceptable for carriage.
Basis of liability. 1. The contractual carrier shall be liable for loss or damage resulting from the total or partial loss of or damage to the goods between the time of taking over of the goods and the time of delivery, as well as for delay in delivery.
2. If carriage governed by a single contract is performed by subsequent carriers, the liability of the contractual carrier and all subsequent carriers shall be joint and several.
3. The carrier shall be relieved of this liability to the extent that the loss or damage or the delay in delivery was caused by the fault of the person entitled if the instruction is not the result of the fault of the carrier or by an inherent defect of the goods or by circumstances which the carrier could not avoid and the consequences of which he was unable to prevent.
4. The carrier shall be relieved of this liability to the extent that the loss or damage or the delay in delivery arises from the special risks inherent from one of the following circumstances:
(a) Carriage in open wagons pursuant to the General Conditions of Carriage or the established practice; subject to damage sustained by the goods because of atmospheric influences, goods carried in intermodal transport units, or in closed road vehicles carried on wagons shall not be considered as being carried in open wagons;
(b) Absence or inadequacy of packaging in the case of goods which by their nature are liable to loss or damage when not packed or when not packed properly;
(c) Loading of the goods by the consignor or unloading by the consignee;
(d) The nature of certain goods which particularly exposes them to total or partial loss or damage, especially through breakage, rust, interior and spontaneous decay, desiccation or wastage;
(e) Irregular, incorrect or incomplete description or numbering of packages.
5. When the carrier establishes that, having regard to the circumstances of the particular case, the loss or damage or delay in delivery could have arisen from one of the special risks referred to in paragraph 4 of this Article, it shall be presumed that it did so arise. The person who has the right to bring an action against the carrier shall have the right to prove that the loss or damage or delay in delivery was not attributed either wholly or in part to one of those risks.
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. 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.
