Common use of LIABILITY OF CARRIER Clause in Contracts

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. 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) misdeliverymis delivery, delay in delivery or non 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 misdeliverymis delivery, delay in delivery, non 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. 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) The Carrier will accept no liability for any personal injury;delay in delivery of, loss of or damage to Petroleum occasioned by an event of Force Majeure. (b) The Carrier will accept no liability for any delay in delivery of, loss of of, or damage to, deteriorationa Shipper’s Petroleum whether caused by a third party or itself, 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 unless such personal injury, loss, damage, deterioration, evaporation, contamination or misdelivery, delay in delivery, non delivery loss, or consequential damage or injury is caused or alleged to have been be caused by the negligence or wilful act or default willful misconduct of the Carrier or its officersCarrier’s employees, servants or agents, its Subcontractorsand written notification of such delay, loss, or damage, including the specific amount of the claim arising therefrom, has been received by Carrier at its Head Office within 30 calendar days of such event. Actions arising out of such claims must be instituted against the Carrier within 180 days from the day when notice in writing is given by the Carrier that it has disallowed the claim, or any cause whatever. 6.2 parts thereof specified in the notice. The Shipper waives any rights which it might otherwise have, at common law or otherwise, to make claim after the said period of 30 days or to bring an action after the said period of 180 days. The Shipper shall indemnify the Carrier from time to time against any such Claim which may be made by its Consignee after the expiration of the said period of 30 days or any such action which may be brought by its Consignee after the expiration of the said period of 180 days. The Carrier will be entitled to the benefit of the exclusion of accept no 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 Petroleum allegedly contaminated by the Carrier that is delivered out of Xxxxxxx’s/Consignee’s storage to third parties which results in breach of claims against the Contract or otherwise Shipper/Consignee. Shipper/Consignee 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 hold the Carrier from obtaining and the benefit of employees and enforcing all rights, defences, exemptions, immunities and limitations of liability agents of the Carrier contained in these conditions, free and harmless at all times from and against any and all such rights, defences, exemptions, immunities, limitations of liability and like protection will continue to have full force and effect in any event whatsoeverClaims. 6.4 Where clauses 6.1(c) In the event of loss to Shippers caused by delay in delivery of or damage to Petroleum for which the Carrier is not liable, 6.2 or 6.3 cannot legally operate and the Shippers shall assume such loss in the proportion to the extent permitted by law, the Carrier’s liability for breach volume of any warranty or any term implied by law in to this Agreement is limited to: (a) their Petroleum in the case pipeline section as 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 repairedtime such loss was occasioned.

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 Consequential Loss or injury of any kind whatever whether such personal injury, loss, damage, deterioration, evaporation, contamination or misdelivery, delay in delivery, non non-delivery or consequential damage or injury 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 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 guarantee, 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. 6.1 The Consignor Customer acknowledges and agrees that neither the Carrier nor any servant employee 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 these conditions 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 (cb) misdelivery, delay in delivery or non 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, including where loss, damage, deterioration, evaporation, contamination or contamination, misdelivery, delay in delivery, non delivery or consequential damage or injury non-delivery is caused or alleged to have been caused by the negligence or wilful act or default of the Carrier or its officers, servants employees or agents, agents or 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 contract or otherwise will under any circumstances constitute a fundamental breach of the Contractcontract, or a repudiation of the Contract 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 Notwithstanding any other provision of these conditions, the Carrier will under no circumstances be liable for any claim for Consequential Loss. 6.5 Where clauses 6.1, 6.2 6.2, 6.3 or 6.3 6.4 cannot legally operate and to the extent permitted by law, the Carrier’s liability (including for breach of any warranty warranty, guarantee or any term implied by law in to this Agreement these conditions) 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 by the Carrier of Goodsgoods, the lowest of the cost of replacing the Goodsgoods, acquiring equivalent goods or having the Goods goods repaired.

LIABILITY OF CARRIER. 6.1 The Consignor Customer acknowledges and agrees that neither the Carrier nor any servant employee 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 (cb) 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, including where loss, damage, deterioration, evaporation, contamination or contamination, misdelivery, delay in delivery, delivery or 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 employees or agents, agents or 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 contract or otherwise will under any circumstances constitute a fundamental breach of the Contractcontract, or a repudiation of the Contract 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 Notwithstanding any other provision of these conditions, the Carrier will under no circumstances be liable for any claim for Consequential Loss. 6.5 Where clauses 6.1, 6.2 6.2, 6.3 or 6.3 6.4 cannot legally operate and to the extent permitted by law, the Carrier’s liability (including for breach of any warranty warranty, guarantee or any term implied by law in to this Agreement 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 by the Carrier of Goodsgoods, the lowest of the cost of replacing the Goodsgoods, acquiring equivalent goods or having the Goods goods repaired.

LIABILITY OF CARRIER. 6.1 The Consignor Customer 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 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 Consequential Loss or injury of any kind whatever whether such personal injury, loss, damage, deterioration, evaporation, contamination or misdelivery, delay in delivery, non non-delivery or consequential damage or injury 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 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 contract or otherwise will under any circumstances constitute a fundamental breach of the Contractcontract, or a repudiation of the Contract 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 warranty, guarantee or any term implied by law in to into 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. 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 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. 6.1 5.1 The Consignor Customer acknowledges and agrees that neither the Carrier nor any servant employee 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 (cb) 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, including where loss, damage, deterioration, evaporation, contamination or contamination, misdelivery, delay in delivery, delivery or 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 employees or agents, agents or its Subcontractors, or by any cause whatever. 6.2 5.2 The Carrier will be entitled to the benefit of the exclusion of liability provided for in clause 6.1 5.1 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 5.3 Nothing whatsoever done or omitted to be done or other conduct by the Carrier in breach of the Contract contract or otherwise will under any circumstances constitute a fundamental breach of the Contractcontract, or a repudiation of the Contract 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 5.4 Notwithstanding any other provision of these conditions, the Carrier will under no circumstances be liable for any claim for Consequential Loss. 5.5 Where clauses 6.15.1, 6.2 5.2, 5.3 or 6.3 5.4 cannot legally operate and to the extent permitted by law, the Carrier’s liability (including for breach of any warranty warranty, guarantee or any term implied by law in to this Agreement 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 by the Carrier of Goodsgoods, the lowest of the cost of replacing the Goodsgoods, acquiring equivalent goods or having the Goods goods repaired.