Common use of Company's Liability Clause in Contracts

Company's Liability. (a) If the Account Application Form or Sales Proposal indicates that this Agreement is at "Declared Value Risk", or if the tickets supplied by the Company and used by the Customer are of a type which specify (either on the ticket or in the relevant sales proposal) the maximum liability of the Company as being less than $2000, then this Agreement, and the Company's liability in respect of that particular consignment shall be at "Declared Value Risk" as defined in the Act. In such cases, the liability of the Company in respect of loss or damage to goods is limited to the amount specified in the relevant Sales Proposal, ticket Account Application Form. In all other cases (and subject to clauses 7,12,16,19 and 22), this Agreement is at "Limited Carriers Risk" as defined in the Act. The maximum liability of the Company in respect of any one item carried by the Company under "Limited Carriers Risk" is limited to the lesser of $2000 or the current indemnity value of the consignment at the time of the loss. (b) Subject to the provisions of the Act imposing liability in respect of the loss of or damage to the goods the Company shall not be under any direct or indirect liability whatsoever (whether in contract, tort or otherwise) for any direct or indirect losses, penalties, damages, costs or expenses of any kind whatsoever (including indirect or consequential loss or damage) brought, claimed, suffered or incurred by the Customer or any third party, in connection with, or resulting from, the Carriage of the goods or any matter or thing done, said or omitted by the Company, in connection with goods or this Agreement howsoever caused or arising and (without limiting the generality of the foregoing) whether caused intentionally or arising as the result of negligence of the Company or otherwise.

Company's Liability. (a) If the Account Application Form or Sales Proposal indicates that this Agreement is at "“Declared Value Risk"”, or if the tickets supplied by the Company and used by the Customer are of a type which specify (either on the ticket or in the relevant sales proposal) the maximum liability of the Company as being less than $2000, then this Agreement, and the Company's ’s liability in respect of that particular consignment shall be at "“Declared Value Risk" ” as defined in the Act. In such cases, the liability of the Company in respect of loss or damage to goods is limited to the amount specified in the relevant Sales Proposal, ticket Account Application Form. In all other cases (and subject to clauses 7,12,16,19 and 22), this Agreement is at "“Limited Carriers Risk" ” as defined in the Act. The maximum liability of the Company in respect of any one item carried by the Company under "“Limited Carriers Risk" ” is limited to the lesser of $2000 or the current indemnity value of the consignment at the time of the loss. (b) Subject to the provisions of the Act imposing liability in respect of the loss of or damage to the goods the Company shall not be under any direct or indirect liability whatsoever (whether in contract, tort or otherwise) for any direct or indirect losses, penalties, damages, costs or expenses of any kind whatsoever (including indirect or consequential loss or damage) brought, claimed, suffered or incurred by the Customer or any third party, in connection with, or resulting from, the Carriage of the goods or any matter or thing done, said or omitted by the Company, in connection with goods or this Agreement howsoever caused or arising and (without limiting the generality of the foregoing) whether caused intentionally or arising as the result of negligence of the Company or otherwise.