Liability for Loss and Damage. Lessee shall be responsible for any loss of or damage to the Equipment during the Term of the Lease caused by Xxxxxx’s gross negligence or willful misconduct, after the Final Acceptance Date, ordinary wear and tear excepted. If the Equipment is lost, stolen, or damaged while in Xxxxxx’s possession, Xxxxxx will promptly notify the Lessor of such event. In the event of such loss or damage, Lessee, at its option, shall: (i) repair the Equipment to return it to good working order; or (ii) replace the Equipment with an Equipment of the same type and condition or with a later model (upon the Lessor’s written approval), in good condition and working order, free and clear of all liens and encumbrances; or (iii) pay the Lessor the then-current Fair Market Value (for purposes of this Appendix B “Fair Market Value” shall mean the price the Equipment would sell for on the open market immediately before the loss of or damage to the Equipment has occurred) of the Equipment, less any rental payments previously made. In no event shall Lessee’s aggregate liability for any loss of or damage to the Equipment exceed the then-current Fair Market Value of the Equipment.
Liability for Loss and Damage. The Customer shall be deemed to have elected to accept the Terms and Conditions set out in this document, unless previously agreed in writing, with Xpress Messenger LLP. Xpress Messenger LLP shall not be liable in respect of any loss or misdelivery of, or damage to any consignment if the same has arisen from: an event that directly and exclusively results from the occurrence of natural causes that could not have been prevented by the exercise of foresight or caution; a traffic accident or:- any consequences of war, invasion, act of foreign enemy, hostilities (whether war or not), civil war, rebellion, insurrection, military or usurped power of confiscation, requisition or destruction of or damage to property by, or under, the order of any government or public or local authority. Xpress Messenger LLP does not hold any liability for consequential loss of any description.
Liability for Loss and Damage. If the Equipment is damaged or lost while in the Lessee’s possession, the Lessee shall be responsible for such damage or loss and shall pay to the Lessor the value of the lost or damaged Equipment. For purposes of calculating the Lessee’s payment obligations, the value of the Equipment shall be listed in Exhibit A. On receipt of any such payment, the Lessor shall, to the extent of the amount paid, assign to the Lessee any of its rights with respect to the damaged or lost Equipment under any insurance policy, together with all of the Lessor’s interest in the Equipment.
Liability for Loss and Damage. The following provision is an express written term of your contract of employment: any damage to vehicles, stock or property that is the result of your carelessness, negligence or deliberate vandalism will render you liable to pay the full or part of the cost of repair or replacement; any loss to me that is the result of your failure to observe rules, procedures or instruction, or is as a result of your negligent behaviour or your unsatisfactory standards of work will render you liable to reimburse to me the full or part of the cost of the loss; and in the event of an at fault accident whilst driving my vehicles you may be required to pay the cost of the insurance excess up to a maximum of £250.00. In the event of failure to pay, I have the contractual right to deduct such costs from your pay.
Liability for Loss and Damage. If the Lockbox is damaged or lost while in the Home Owner’s possession, regardless if it is due to a third- party, act of God (including bad weather, war, terrorism, or other event outside of Home Owner’s control), or the Home Owner themselves, the Home Owner shall be responsible for such damage or loss and shall pay to the Agent the value of the lost or damaged Lockbox, up to a maximum of the deposit amount paid by the Home Owner. Time limits are suspended in the event of a force majeure event, with the only requirement being that the party which is obligated to take action notify the Agent/Home Owner of such a force majeure event. Once the force majeure event has passed the time limits will resume as normal.
Liability for Loss and Damage. (a) All claims by Customers for Commodity loss or damage and the standards of performance of the Parties shall be governed by the provisions of UPRR's applicable commodity circulars, as modified from time to time. The circulars are available for reference on UPRR's web page at xxxx://xxx.xxxx.xxx/customers/myterms.shtml. Customer claims shall be handled initially by Company with subsequent final settlement to be made between Company and Contractor with Contractor reimbursing Company for Contractor's proportionate share of any such settlement. Contractor shall follow the loss and damage procedure of the involved railroad for loss, infestation or damage discovered at off-line locations not served by such railroad.
(b) Commodity shall be deemed to be in the possession of Contractor:
i. From the time a railcar of Commodity is actually placed on Contractor's siding for unloading or an alternate Vehicle of Commodity is unloaded and signed for by Contractor until Commodity is either delivered to Customer or released to Customer's designated carrier;
ii. From the time Customer releases Commodity to Contractor or its designated motor carrier until Commodity is loaded into Vehicle and, in the case of railcars, released to the applicable rail carrier for shipment; and
iii. During the period when Contractor is Transloading the Commodity.
(c) Contractor shall inspect Commodity upon arrival at the Transload Facility prior to Transloading of the Commodity. Unless otherwise directed by Company, Contractor shall perform the following steps in the event of discovery of loss, contamination, infestation or damage to Commodity:
i. In the event of a discovery of loss, infestation, contamination or damage to Commodity, Contractor shall photograph Commodity in the Vehicle and contact carrier. When a railcar is involved, Contractor shall immediately notify the freight claim processing office of the rail carrier serving the Transload Facility of the loss, contamination, infestation or damage, and obtain instructions for further handling prior to unloading the railcar. If UPRR is the serving rail carrier, Contractor shall immediately notify UPRR's Freight Claim Processing Office at Palestine, TX at 0-000-000-0000 and obtain instructions for handling prior to unloading the railcar.
ii. Contractor shall also notify a Company representative within twenty four (24) hours of the situation.
(d) Liability for loss, contamination, infestation, damage or delay to Commodity transloaded, store...
Liability for Loss and Damage. The Renter shall be liable for any loss, damage or destruction resulting to his/her rented Unit and/or any adjoining rented Units and/or the property stored therein resulting from his/her negligent activities or behaviour or resulting from a breach of this Agreement by the Renter, or his/her agents and employees.
Liability for Loss and Damage. We shall compensate you or your estate in respect of any uninsured loss or damage to your personal property, or upon your death or any personal injury suffered by you, to the extent that any of the foregoing is caused directly by our negligence or our breach of this Agreement or any term implied by law, except where such a breach is caused by you or an event outside our reasonable control. Subject to the aforesaid in this Agreement all liability to you is excluded.
Liability for Loss and Damage. (1) The End User shall be deemed to have elected to accept the terms set out in section
(2) Subject to this End User Agreement Bradford Swissport shall be liable for:
a) Physical loss, mis-delivery of or damage to living creatures, bullion, money, securities, stamps, precious metals or precious stones comprising the Consignment only if:
i) Bradford Swissport Limited has specifically agreed in writing to carry any such items; and
ii) The End User has agreed in writing to reimburse Bradford Swissport Limited in respect of all additional costs which result from the carriage of them said items; and
iii) The loss, mis-delivery or damage is occasioned during transit and is proved to be due to the gross negligence of Bradford Swissport Limited, its servants, agents or sub-contractors;
b) Gross negligent, physical loss, mis-delivery of or damage to any other goods comprising the Consignment unless the same has arisen from, and Bradford Swissport Limited has used reasonable care to minimise the effects of:
i) Act of God;
ii) any consequences of war, invasion, act of foreign enemy, hostilities(whether war or not), civil war, rebellion, insurrection, terrorist act, military or usurped power or confiscation, requisition, or destruction or damage by or under the order of any government or public or local authority;
iii) seizure of forfeiture under legal process;
iv) error, act, omission, mis-statement or misrepresentation by the End User or other owner of the Consignment or by servants or, agents of either of them;
v) inherent liability to wastage in bulk or weight, faulty design latent defect, vice or natural deterioration of the Consignment;
vi) insufficient or improper packing;
vii) insufficient or improper labelling or addressing;
viii) riot, civil commotion, strike, lockout, general or partial stoppage or restraint of labour howsoever caused (other than that which relates to Bradford Swissport Limited’s own labour force;
ix) Consignee not taking or accepting delivery within a reasonable time after the Consignment has been tendered.
(3) Bradford Swissport Limited shall not in any circumstances be liable for loss or damage arising after transit is deemed to have ended within the meaning of Condition 6(2) hereof, whether or not caused or contributed to directly or indirectly by any act, omission, neglect, default or other wrongdoing on the part of Bradford Swissport Limited, its servants, agents or sub-contractors
Liability for Loss and Damage. 9.1 All goods are carried at owners risk or at a premium to be agreed if PXA is to insure the good. Should PXA insurance apply the following conditions apply:
9.2 In respect of any consignment, a delivery receipt signed by, or on behalf of the consignee shall be conclusive evidence of delivery of the consignment in good order and condition, save to the extent that any damage or discrepancy is noted on the receipt and accordingly no claims shall be brought in respect of the consignment for loss or a result of any error, misrepresentation, breach of these conditions, fraud, insufficient or improper packaging or labelling or addressing of the consignment by you, the sender, the receiver or other owner of the consignment or part of it or by anybody (other than us) acting on your behalf or with your authority or agreement;
