Common use of Cargo Liability Clause in Contracts

Cargo Liability. Xxxxxx Logistics shall not be liable for any claim relating to loss or damage in connection with any shipment accepted on an Air Waybill (the “Claim”) except where the Claim arises from the negligence, gross negligence, or willful misconduct of Xxxxxx Logistics or its employees or agents (acting in furtherance of their duties as employees or agents). Xxxxxx Logistics’ maximum liability for any loss or damage, or any other claim with respect to any domestic United States shipment is limited to the least of Customer’s damages, fifty cents (50¢) per pound, or fifty thousand dollars ($50,000) per waybill unless Customer declares a higher value and pays the applicable additional charges specified in the Air Waybill. Xxxxxx Logistics’ liability for international shipments shall be in accordance with the rules of the Warsaw Convention. In no event shall Xxxxxx Logistics’ liability exceed the reduction in value (in the case of damage) or replacement value (in the case of loss or destruction) of the damaged Goods, less reasonable salvage value. Xxxxxx Logistics shall not be liable for any incidental, special, exemplary, consequential, or punitive damages, whether direct or indirect, including but not limited to loss of income, opportunity, or profits, in excess of the limitations of liability contained herein, regardless of whether Xxxxxx Logistics had knowledge that such damages might be incurred.

Appears in 2 contracts

Samples: Customer Services Agreement, Customer Services Agreement

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Cargo Liability. Xxxxxx Logistics MGDS shall not be liable for any claim relating to loss or damage in connection with any shipment accepted on an Air Waybill (the “Claim”) except where the Claim arises from the negligence, gross negligence, or willful misconduct of Xxxxxx Logistics MGDS or its employees or agents (acting in furtherance of their duties as employees or agents). Xxxxxx LogisticsMGDS’ maximum liability for any loss or damage, or any other claim with respect to any domestic United States shipment is limited to the least of Customer’s damages, fifty cents (50¢) per pound, or fifty thousand dollars ($50,000) per waybill unless Customer declares a higher value and pays the applicable additional charges specified in the Air Waybill. Xxxxxx LogisticsMGDS’ liability for international shipments shall be in accordance with the rules of the Warsaw Convention. In no event shall Xxxxxx LogisticsMGDS’ liability exceed the reduction in value (in the case of damage) or replacement value (in the case of loss or destruction) of the damaged Goods, less reasonable salvage value. Xxxxxx Logistics MGDS shall not be liable for any incidental, special, exemplary, consequential, or punitive damages, whether direct or indirect, including but not limited to loss of income, opportunity, or profits, in excess of the limitations of liability contained herein, regardless of whether Xxxxxx Logistics MGDS had knowledge that such damages might be incurred.

Appears in 1 contract

Samples: Global Distribution

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Cargo Liability. Xxxxxx Logistics Axis shall not be liable for any claim Claim relating to loss or damage in connection with any shipment accepted on an Air Waybill (the “Claim”) air waybill except where the Claim arises from the negligence, gross negligence, or willful misconduct of Xxxxxx Logistics Axis or its employees or agents (acting in furtherance of their duties as employees or agents). Xxxxxx LogisticsAxis’ maximum liability for any loss or damage, or any other claim with respect to any domestic United States shipment is limited to the least of Customer’s damages, fifty cents (50¢) per pound, or fifty thousand dollars ($50,000) per waybill unless Customer declares a higher value and pays the applicable additional charges specified in the Air Waybillair waybill. Xxxxxx LogisticsAxismaximum liability for international shipments shall be limited in accordance with the rules of the Warsaw Convention. In no event shall Xxxxxx LogisticsAxis’ liability exceed the reduction in value (in the case of damage) or replacement value (in the case of loss or destruction) of the damaged Goods, less reasonable salvage value. Xxxxxx Logistics Axis shall not be liable for any incidental, special, exemplary, consequential, or punitive damages, whether direct or indirect, including but not limited to loss of income, opportunity, or profits, in excess of the limitations of liability contained herein, regardless of whether Xxxxxx Logistics Axis had knowledge that such damages might be incurred.

Appears in 1 contract

Samples: Logistics Services Agreement

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