CARRIAGE BY ROAD. IF THE CARRIAGE OF YOUR SHIPMENT IS SOLELY BY ROAD TRANSPORT IN, TO OR FROM A COUNTRY WHICH IS A PARTY TO THE CONVENTION ON THE CONTRACT FOR INTERNATIONAL CARRIAGE OF GOODS BY ROAD 1956 (“THE CMR”) OUR LIABILITY FOR LOSS OR DAMAGE TO YOUR SHIPMENT OR THE PART AFFECTED, IS LIMITED TO SPECIAL DRAWING RIGHTS 8.33 PER KILO. IN THE CASE OF DELAY WHERE YOU CAN SHOW TO US YOU HAVE SUFFERED LOSS, OUR LIABILITY IS LIMITED TO REFUNDING TO YOU THE CHARGE YOU PAID US FOR CARRIAGE IN RESPECT OF THAT SHIPMENT OR THE PART WHICH WAS DELAYED. IF NEITHER OF THE ABOVE CONVENTIONS APPLY TO THE INTERNATIONAL CONSIGNEMENTS FOR WHATEVER REASON, INCLUDING BREACH OF CONTRACT, NEGLIGENCE OR WILFUL ACT OR DEFAULT, WE LIMIT OUR LIABILITY FOR LOSS, DAMAGE OR DELAY TO YOUR SHIPMENT OR THE PART AFFECTED TO US$2.00 PER KILO.
CARRIAGE BY ROAD. If we carry your shipment by road within, to or from a country that is a party to the convention on the contract for the international carriage of goods by road 1956 (CMR) our liability for loss or damage to your shipment shall be governed by the CMR and thus limited to 8.33 special drawing rights per kilo (approximately £10 GBP per kilo although the rate of exchange is variable). In the case of delay where you can show to us you have suffered loss our liability is limited to refunding to you the charge you paid us for carriage in respect of that shipment or the part which was delayed. If none of Clauses 7.1-7.2 above apply and we have a liability to you for whatever reason for transportation services performed by us, including without limitation breach of contract, negligence, wilful act or default, our liability to you for loss, damage, mis delivery or non-delivery of your shipment or the part affected is at all times limited to the lower of the market value of the shipment at the time of carriage or the cost of repairing the shipment or the part affected with in each case an upper limit that does not exceed £10 per kilo limited to a maximum of £10,000 per shipment. In the case of delay where you can show to us you have suffered loss our liability is limited to refunding to you the charge you paid us for carriage in respect of that shipment or the part which was delayed.
