Delay, Consequential Loss. Carrier does not undertake that the Goods or any documents relating thereto shall arrive or be available at any point or place during the Carriage or at the Port of Discharge or Place of Delivery at any particular time (whether advertised or not) to meet any requirement of Merchant or any market or use of the Goods or any other purposes. Xxxxxxx shall under no circumstances whatsoever be liable for; (a) any direct or indirect loss caused by delay; (b) any indirect loss of whatsoever nature and howsoever caused. If notwithstanding the foregoing, Carrier is found liable for any loss falling within (a) and/or (b) above, its total liability (despite declaration of value and additional freight may have been made and paid pursuant to Clause 7.3) shall be limited to an amount equals the freight or other charges applicable to the relevant stage of the Carriage which have been paid by Merchant. (For the foregoing purposes, "indirect loss" includes without limitation any consequential loss, loss of profits, loss of market, loss of contract, loss of revenue, loss of use, punitive or exemplary damages or damage.)
Appears in 4 contracts
Samples: Tariff Agreement, Tariff Agreement, Tariff Agreement
Delay, Consequential Loss. Carrier does not undertake that the Goods or any documents relating thereto shall arrive or be available at any point or place during the Carriage or at the Port of Discharge or Place of Delivery at any particular time (whether advertised or not) to meet any requirement of Merchant or any market or use of the Goods or any other purposes. Xxxxxxx shall under no circumstances whatsoever be liable for;
(aa.) any direct or indirect loss caused by delay;
(bb.) any indirect loss of whatsoever nature and howsoever caused. If notwithstanding the foregoing, Carrier is found liable for any loss falling within (a) and/or (b) above, its total liability liabil- ity (despite declaration of value and additional freight may have been made and paid pursuant to Clause 7.3) shall be limited to an amount equals the freight or other charges applicable to the relevant stage of the Carriage which have been paid by Merchant. (For the foregoing purposes, "βindirect loss" β includes without limitation any consequential loss, loss of profits, loss of market, loss of contract, loss of revenue, loss of use, punitive or exemplary damages or damage.)
Appears in 4 contracts
Samples: Tariff Agreement, Tariff Agreement, Nra Governing Rules Tariff
Delay, Consequential Loss. Carrier does not undertake that the Goods or any documents relating thereto shall arrive or be available at any point or place during the Carriage or at the Port of Discharge or Place of Delivery at any particular time (whether advertised or not) to meet any requirement of Merchant or any market or use of the Goods or any other purposes. Xxxxxxx shall under no circumstances whatsoever be liable for;
(a) any direct or indirect loss caused by delay;
(b) any indirect loss of whatsoever nature and howsoever caused. If notwithstanding the foregoing, Carrier is found liable for any loss falling within (a) and/or (b) above, its total liability (despite declaration of value and additional freight may have been made and paid pursuant to Clause 7.37.2) shall be limited to an amount equals the freight or other charges applicable to the relevant stage of the Carriage which have been paid by Merchant. (For the foregoing purposes, "indirect loss" includes without limitation any consequential loss, loss of profits, loss of market, loss of contract, loss of revenue, loss of use, punitive or exemplary damages or damage.)
Appears in 1 contract
Samples: Tariff Agreement