LIABILITY OF CARRIER. 6.1 The Consignor acknowledges and agrees that neither the Carrier nor any servant or agent or Subcontractor of the Carrier nor any other Person who undertakes the Carriage of the Goods at any time pursuant to this agreement will in any circumstances (except where any statute otherwise requires) be under any liability whatever (whether in contract, tort or otherwise) for:
(a) any personal injury;
(b) any loss of or damage to, deterioration, evaporation or contamination of the Goods, or
(c) misdelivery, delay in delivery or non delivery of the Goods or any of them, whether in the course of Carriage or otherwise or for any consequential loss or injury of any kind whatever whether such personal injury, loss, damage, deterioration, evaporation, contamination or misdelivery, delay in delivery, non delivery or consequential damage or injury is caused or alleged to have been caused by the negligence or wilful act or default of the Carrier or its officers, servants or agents, its Subcontractors, or by any cause whatever.
6.2 The Carrier will be entitled to the benefit of the exclusion of liability provided for in clause 6.1 even if it is proved that the loss or damage resulted from an act or omission done with intent to cause damage, or recklessly and with knowledge that damage would probably result.
6.3 Nothing whatsoever done or omitted to be done or other conduct by the Carrier in breach of the Contract or otherwise will under any circumstances constitute a fundamental breach of the Contract, or a repudiation of the Contract such as to have the effect of disentitling the Carrier from obtaining the benefit of and enforcing all rights, defences, exemptions, immunities and limitations of liability of the Carrier contained in these conditions, and all such rights, defences, exemptions, immunities, limitations of liability and like protection will continue to have full force and effect in any event whatsoever.
6.4 Where clauses 6.1, 6.2 or 6.3 cannot legally operate and to the extent permitted by law, the Carrier’s liability for breach of any warranty or any term implied by law in to this Agreement is limited to:
(a) in the case of the supply of Carriage, the cost of having those services supplied again; or
(b) in the case of the supply of Goods, the lowest of the cost of replacing the Goods, acquiring equivalent goods or having the Goods repaired.
LIABILITY OF CARRIER. The carrier of the goods, herein described is liable for any loss of or damage to goods accepted by him or his agent except as here- inafter provided.
LIABILITY OF CARRIER. 8.1 LEA is not and does not undertake any carriage as a common carrier nor does LEA accept the obligations of a common carrier nor shall any such obligations be implied.
8.2 Except as expressly provided in these Conditions, LEA shall not be liable to the Charterer in any manner whatsoever (whether in tort or contract) for any indirect or consequential loss or damage whatsoever.
8.3 The liability of LEA (or any substitute carrier) in relation to the carriage by air of passengers and their luggage shall be governed by the General Conditions of Carriage of LEA, a copy of which is attached (or those of the substitute carrier, a copy of which will be available on request) and of which, through the Charterer as their agent, all passengers on the Charter shall be deemed to have received notice.
LIABILITY OF CARRIER. 14.1. The Carrier does not undertake any carriage as a common carrier.
14.2. Except as expressly provided in the Agreement and in respect of any liability which may not lawfully be excluded the Carrier shall not be liable to the Charterer in any manner whatsoever (whether arising from the negligence of the Carrier its employees or agents or otherwise) for any loss or damage whatsoever (including without limitation consequential loss) provided that this shall not exclude or restrict the Carrier’s liability for death or personal injury resulting from the negligence of the Carrier its employees or agents, or liability for fraud or fraudulent misrepresentation.
14.3. All liabilities in relation to the carriage by air of passengers and their luggage shall be governed by the Conditions of Carriage.
LIABILITY OF CARRIER. 14.1. Subject to clause 14.3, the following provisions set out the entire financial liability of IFAC (including any liability for the acts or omissions of its employees, agents and sub-contractors) to the Charterer in respect of:
14.1.1. any breach of these Terms;
14.1.2. any representation, statement, or tortuous act or omission including gross negligence arising under or in connection with the subject matter of the Agreement.
14.2. Subject to clause 14.3, all warranties, conditions and other terms implied by statute or common law are to the fullest extent permitted by law excluded from the Agreement.
14.3. Nothing in these Terms shall be construed so as to exclude or limit IFAC’s liability in respect of Passengers or Baggage as set out in the Conditions of Carriage. In the event of any apparent contradiction between the provisions of this clause 14 and of the liability provisions set out in the Conditions of Carriage, the liability provisions of the Conditions of Carriage shall prevail to the extent necessary to resolve such contradiction.
14.4. Subject to Conditions 14.2 and 14.3:
14.4.1. IFAC’s total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the subject matter of the Agreement shall not exceed a sum equal to the Charter Price;
14.4.2. IFAC shall not be liable to the Charterer for any loss (whether directly or indirectly caused and whether foreseeable or not) of profits, contracts, business, opportunities, revenue, turnover, management time, reputation or goodwill.
LIABILITY OF CARRIER. 16.1 The following provisions set out the entire financial liability of the Carrier (including any liability for the acts or omissions of its employees, agents and subcontractors) to the Charterer in respect of:
16.1.1 any breach of these terms and conditions;
16.1.2 any representation, statement, or tortuous act or omission including negligence arising under or in connection with the Agreement.
16.2 All warranties, conditions and other terms implied by statute or common law are to the fullest extent permitted by law excluded from the Agreement.
16.3 Nothing in these terms and conditions excludes or limits the liability of the Carrier:
16.3.1 for death or personal injury caused by the Carrier’s negligence; or
16.3.2 for fraud or fraudulent misrepresentation.
16.4 Subject to conditions 16.2 and 16.3:
16.4.1 the Carrier’s total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of the Agreement shall be limited to the Charter Price;
LIABILITY OF CARRIER. Carrier does not undertake any carriage as a common carrier or accept the obligations of a common carrier. Carrier does not accept any liability whatsoever (including without limitation consequential loss) whether for death to, or injury or delay of, passengers or loss of, damage to, or delay of, baggage or cargo whether arising in contract or in tort, including negligence or otherwise, and whether occasioned by Carrier, its employees, servants or agents (any such liability being hereby excluded). Carriage shall be subject to the rules and limitation relating to liability and to all other provisions established by the Warsaw Convention or by that Convention as amended from time to time and/or by any other treaty or convention applicable to such carriage insofar as such carriage is “international carriage” as therein defined. Carriage which is not so governed shall be subject to all applicable laws which extend provisions of the Convention to such carriage or which otherwise limit Carrier’s liability.
LIABILITY OF CARRIER. 17.1 Where ImperialJet is the operator of a flight, its liability to the Charterer and to all passengers for death, personal injury, delay, loss of or damage or delay to baggage (including, without limitation, personal effects) occurring either on or during embarkation, disembarkation or inflight from any flight shown on the Confirmation will be governed in all respects by the Montreal Convention together with any regulation, directive or other legislation giving effect to or applying the provisions of the Montreal Convention.
17.2 Where such an person, firm or company enters into the Agreement as agent of the Charterer, such entity shall be jointly and severally liable with the Charterer for the payment of the Charter Price pursuant to Article 8 and upon demand by Carrier.
LIABILITY OF CARRIER. 6.1 The Consignor acknowledges and agrees that neither the Carrier nor any servant or agent or Subcontractor of the Carrier nor any other Person who undertakes the Carriage of the Goods at any time pursuant to this agreement will in any circumstances (except where any statute otherwise requires) be under any liability whatever (whether in contract, tort or otherwise) for:
(a) any personal injury or loss of or damage to, deterioration, evaporation or contamination of the Goods, or
(b) misdelivery, delay in delivery or non delivery of the Goods or any of them, whether in the course of Carriage or otherwise or for any consequential loss or injury of any kind whatever whether such personal injury, loss, damage, deterioration, evaporation, contamination or misdelivery, delay in delivery, non delivery or consequential damage or injury is caused or alleged to have been caused by the negligence or wilful act or default of the Carrier or its officers, servants or agents, its Subcontractors, or by any cause whatever.
6.2 The Carrier will be entitled to the benefit of the exclusion of liability provided for in clause 6.1 even if it is proved that the loss or damage resulted from an act or omission done with intent to cause damage, or
1.2 Terms used in these Conditions of Carriage have the same meaning as under the PPSA.
LIABILITY OF CARRIER. 6.1 The Consignor acknowledges and agrees that neither the Carrier nor any servant or agent or Subcontractor of the Carrier nor any other Person who undertakes the Carriage of the Goods at any time pursuant to this agreement will in any circumstances (except where any statute otherwise requires) be under any liability whatever (whether in contract, tort or otherwise) for:
(a) any personal injury; or
(b) any loss of or damage to, deterioration, evaporation or contamination of the Goods, or
(c) misdelivery, delay in delivery or non delivery of the Goods or any of them, whether in the course of Carriage or otherwise or for any Consequential Loss of any kind whatever whether such personal injury, loss, damage, deterioration, evaporation, contamination or misdelivery, delay in delivery, non-delivery or Consequential Loss is caused or alleged to have been caused by the negligence or wilful act or default of the Carrier or its officers, servants or agents, its Subcontractors, or by any cause whatever.
6.2 Without limiting the generality of the foregoing, the Carrier shall not be liable for any loss of or damage to Goods:
(a) caused by vibration, weather or weather events of any kind whatsoever, including but not limited to rain, hail or storm damage;
(b) the Goods being brittle, inherently defective or in such a condition that they cannot be loaded, unloaded or transported by road without damage;
(c) inherent vice or the nature of the Goods;
(d) where such loss or damage comprises of mechanical, electrical or electronic breakdown, derangement, or malfunction of the Goods;
(e) caused by insufficiency or unsuitability of packing or preparation of the Goods to withstand the ordinary incidents of Carriage. For the purpose of this clause 6.2(e), ‘packing’ will be deemed to include stowage of any Goods inside a vehicle;
(f) comprising items inside any vehicle transported by the Carrier.
6.3 The Carrier will be entitled to the benefit of the exclusions of liability provided for in clauses 6.1 and 6.2 even if it is proved that the loss or damage resulted from an act or omission done with intent to cause damage, or recklessly and with knowledge that damage would probably result.
6.4 Nothing whatsoever done or omitted to be done or other conduct by the Carrier in breach of the Contract or otherwise will under any circumstances constitute a fundamental breach of the Contract, or a repudiation of the Contract such as to have the effect of disentitling the Carrier from obtain...
