CARRIER’S LIABILITY. Where the fault that has been logged has been a non- system fault, but instead one of the carrier (i.e. British Telecom or Cable & Wireless etc) and we do not route the Customer’s call traffic then we will charge the Customer for the call out and any parts used at its current rates. We will provide a carrier fault reference that can be used to recharge the cost that we have charged, on to the carrier. We cannot accept responsibility where the carrier refuses to cover all these costs. Where we carry the call traffic then the call out charge will not apply.
CARRIER’S LIABILITY. 4.1 The Carrier is responsible for the Goods from the time they are placed on board the Carrier’s vehicle until the time they are removed.
4.2 Where loading and/or discharge are included in the Carrier’s instructions or where the Carrier undertakes loading and/or discharge itself, the Carrier is responsible for the Goods from the beginning of loading and/or until the completion of discharge.
4.3 Where the Carrier accepts Goods without reservation, this will amount to an acceptance of the Goods in apparent good order and condition.
4.4 The Carrier must ensure PODs accurately reflect the Goods and obtain a signature upon delivery from the receiver. Where the Carrier fails to comply with this requirement, the Carrier will be liable for any subsequent loss arising from the condition (or alleged condition) of the Goods on delivery, including losses arising from allegations of shortage or damage from the receiver.
4.5 The Carrier will maintain in place all necessary licences and insurance in order to comply with the terms of this Agreement and to lawfully perform the Services. In particular but without limitation:
4.5.1 the Carrier must maintain in place a vehicle operator’s licence and supply Logikor with a copy;
4.5.2 the Carrier will advise Logikor immediately in the event that its operator’s licence is revoked or its terms are changed in any material way;
4.5.3 all vehicles must have in-date MOT certificates;
4.5.4 all drivers must have valid LGV licences and must be entitled to work in the UK;
4.5.5 the Carrier must maintain in place:
(a) fully comprehensive vehicle insurance;
(b) trailer insurance; and
(c) goods in transit insurance with a minimum limit of £3,000 per tonne and supply the Customer(s) with evidence of insurance upon request;
4.5.6 the Carrier must also maintain in place adequate employer’s liability and public liability insurance and supply the Customer(s) with evidence of insurance upon request;
4.5.7 any uninsured liability incurred by the Carrier shall remain the Carrier’s full responsibility.
4.6 The Carrier shall:
4.6.1 ensure that its employees, servants, agents, sub-contractors (if permitted) and other persons employed or authorised by the Carrier are competent to carry out the Services or part of the Services as the context may require;
4.6.2 without prejudice to the generality of the foregoing, ensure that every such employee, servant, agent or sub-contractor (if permitted) is fully aware that they shall not, and have no authority t...
CARRIER’S LIABILITY. Carrier assumes the liability of a common carrier (i.e. Xxxxxxx Amendment liability) for loss, delay, damage to or destruction of any and all of Customer's goods or property while under Xxxxxxx 's care, custody or control, and hereby fully, completely, and without excuse indemnifies Broker and holds Broker harmless from any such loss, delay, damage or destruction. Carrier shall pay to Broker or allow Broker to deduct from the amount Broker owes Carrier, Customer's full actual loss for the kind and quantity of commodities so lost, delayed, damaged or destroyed. Should the Customer, Shipper, or Consignee present Broker with a valid invoice for damages caused by Carrier, Broker may offset any of Carrier’s charges by such invoice/damages claim. Carrier shall be liable to Broker for all economic loss, including consequential damages that are incurred by Broker or the Customer, Shipper, or Consignee for any freight loss, damage or delay claim(s) whatsoever.
CARRIER’S LIABILITY. You are insured for your liability for property damage occurring during the period of insurance to goods you contract to carry in connection with the business while:
1. in transit anywhere in New Zealand (including any loading and unloading), and
2. temporarily housed (either on or off the carrying conveyance) in the normal course of transit, BUT NOT at any store, warehouse or holding pen owned or occupied by, or under the control of, you, unless solely for the purpose of an “incidental service” as defined by the Carriage of Goods Xxx 0000. You are insured for your liability to pay for the property damage to goods carried by a subcontractor or actual carrier on your behalf, provided the subcontractor’s or actual carrier’s conditions of contract are no more extensive than yours. This extension does not insure the subcontractor’s or actual carrier’s liability.
CARRIER’S LIABILITY. Carrier shall assume all risk of loss, damage, delay and liability in the transportation of any goods for USP Shippers from the time of Carrier's receipt of such goods from a USP Shipper until proper delivery has been made. Xxxxxxx is responsible for full actual loss. All claims will be filed and resolved in accordance with the provisions of 49 C.F.R. § 1005 and 49 U.S.C. § 14706 (the Xxxxxxx Amendment) or applicable state law.
CARRIER’S LIABILITY is for the actual loss or injury to the property as set forth in 49 U.S.C. 14706. The liability shall be for the full value of the item which shall mean the replacement cost of the lost or damaged item(s). All claims for loss and damage, and any salvage arising there from shall be handled and processed by CARRIER in accordance with federal regulations, currently 49 C.F.R. 370. If XXXXXXXX fails to acknowledge, investigate or resolve claims in accord with 49 C.F.R. 370, BTI shall be entitled to offset claims against any all freight charges owed. XXXXXXX agrees to notify BTI immediately in reference to any O/S/D occurrence (no later than 8 hours after the event) and agrees that failure to notify BTI will be grounds (over and above the claim’s value) for a $100.00 deduction from any settlement due CARRIER for hauling a
CARRIER’S LIABILITY. 10.1 Notwithstanding anything to the contrary in this Agreement:
(a) The Goods shall at all times be at the risk of the Holder and the Carrier shall not be liable in tort (including negligence), contract (including a fundamental breach of contract) or for any act or omission of the Carrier that is outside the authorised scope of the Services provided under this Agreement, for breach of duty as bailee, for contravention of any statute or breach of statutory duty or otherwise for any loss of, or damage to, failure to deliver, delay in delivery of, or misdelivery of the goods whatsoever, howsoever caused.
(b) The exclusion of liability in clause 10.1(a) extends to include not only loss of or damage to the Goods themselves, but loss, damage or injury to any person, property or thing damaged arising from the Carrier providing the Services under this contract and to any indirect or consequential loss or damage whatsoever arising from such loss, damage or injury or from failure to deliver, delay in delivery or misdelivery, howsoever caused including but not limited to loss of income, profits, markets, Holders, use, opportunity, reputation or goodwill.
10.2 Without limiting anything in subclause 10.1, the Holder expressly agrees and acknowledges that it shall not hold the Carrier liable or make any Claims against the Carrier for any of the following events:
(a) If any Goods, whether Insurance is purchased or not, inside the packaging, as it arrived in the Carrier’s warehouse as described in clause 3(a), is lost, broken, deformed or spoiled;
(b) The Goods were detained by the Destination Country’s customs due to information provided or caused to be provided by the Holder being unclear or incorrect, or if insufficient documentation were provided by the Holder for the purposes of clearing customs;
(c) Any delay caused by incorrect or incomplete information provided by the Holder; and
(d) Delay caused by inspection at the customs or by any other government authority.
10.3 In the event that Goods are lost during the process of the Carrier providing the Services, and subject to clause 9(b):
(a) In the event that the Holder has purchased the Insurance, the Holder will be entitled to make a claim on the Insurance and claim up to the insured amount. The Holder acknowledges that it must not make any Claims against the Carrier beyond and above any amounts it claimed on the Insurance.
(b) To the maximum extent allowed by legislation, in the event the Holder does not have any ...
CARRIER’S LIABILITY. 11.1. The Carrier shall not be deemed to undertake any carriage to which this Charter Agreement relates as a common carrier.
11.2. All liabilities in relation to the carriage by air or passengers and their luggage shall be governed by the terms and conditions of this Charter Agreement. The Carrier, its officers, employees, sub-contractors, agents and servants shall not be subject to any liability in excess of that provided for in the Montreal Convention of 28th May 1999.
11.3. The Carrier shall be under no liability to the Charterer for any failure by it to perform its obligations under this Charter Agreement arising from force majeure, bad weather, labour disputes, strikes or lock-outs or any other cause beyond the control of the Carrier, including accidents to or failure of the Aircraft, its engines, or any other part thereof, or any machinery or apparatus used in connection therewith. However, the Carrier will use reasonable endeavours to assist the Charterer and the passengers with alternative arrangements required as a result of any such event and may, in its discretion and without any obligation to do so, make a contribution towards the Additional Costs incurred as a result.
11.4. The Carrier will not be liable to the Charterer for any losses arising from a decision of the captain of the Aircraft.
11.5. The Carrier shall not be liable to the Charterer for any pure economic loss, or loss of profit, business or goodwill, in each case whether direct, indirect or consequential, or any claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with this Charter Agreement.
11.6. The Charterer agrees that in no event shall the Carrier’s total liability to the Charterer under this Charter Agreement (whether in contract, tort or otherwise) be more than the Base Charter Price, except as otherwise required by law.
11.7. There is not implied into this Charter Agreement any warranty or condition as to the Aircraft or its crew or as to its or their fitness for any purpose, and any warranties or conditions implied by statute or common law are to the fullest extent permitted by law excluded from this Charter Agreement.
CARRIER’S LIABILITY. 1The period of responsibility of the Carrier for the goods under these terms and conditions covers the period from the time the Carrier has taken the goods in his care, custody and control to the time of their delivery.
CARRIER’S LIABILITY. 6.1. Arrival times are not guaranteed by the Carrier.
6.2. If the Cargo has not been delivered within ninety days of the anticipated date of delivery, the Cargo shall be deemed lost, in the absence of evidence to the contrary.
6.3. When the Carrier establishes that damage, delay, expense or loss of the Cargo could be attributed to one or more causes or events specified in a - e of the present clause, it shall be presumed that it was so caused, always provided, however, that the claimant shall be entitled to prove that the loss or damage was not, in fact, caused wholly or partly by one or more of such causes or events: a) an act or omission of the Merchant, or person other than the Carrier acting on behalf of the Merchant or from which the Carrier took the Cargo in its charge; b) insufficiency or defective condition of the packaging or marks and/or numbers; c) handling, loading, stowage or unloading of the Cargo by the Merchant or any person acting on behalf of the Merchant; d) inherent vice of the Cargo; e) strike, lockout, stoppage or restraint of labor.
6.4. Notwithstanding Clauses 6.2 and 6.3 the Carrier shall not be liable for damage, delay, expense or loss of the Cargo with respect to Cargo carried by sea, inland waterways, motor carrier or rail when such damage, delay, expense or loss of the Cargo has been caused by: a) act, neglect, or default of the master, mariner, pilot or the servants of the Carrier in the navigation or in the management of the ship; b) fire, unless caused by the actual fault or privity of the carrier, however, always provided that whenever loss or damage has resulted from unseaworthiness of the ship, the Carrier can prove that due diligence has been exercised to make the ship seaworthy at the commencement of the voyage.
