Common use of LIMITATION ON SHIPPER’S RECOVERABLE DAMAGES Clause in Contracts

LIMITATION ON SHIPPER’S RECOVERABLE DAMAGES. XXXXXXX’X LIABILITY FOR DAMAGES ON DOMESTIC SHIPMENTS, INCLUDING BUT NOT LIMITED TO THOSE DAMAGES ARISING FROM OR RELATED TO MISDELIVERY, INCOMPLETE OR OTHERWISE INADEQUATE DELIVERY (INCLUDING BUT NOT LIMITED TO FAILURE TO FOLLOW SHIPPER OR CONSIGNEE INSTRUCTIONS OR FAILURE TO COLLECT OR PROPERLY DELIVER A PAYMENT INSTRUMENT), NONDELIVERY, MISSED PICKUP, AND LOSS OF OR DAMAGE TO CARGO, SHALL BE LIMITED TO THE HIGHER OF $50.00 (USD) PER SHIPMENT OR $.50 (USD) PER POUND ($1.10 (USD) PER KILOGRAM) OF CARGO ADVERSELY AFFECTED THEREBY, PLUS TRANSPORTATION CHARGES APPLICABLE TO THAT PART OF THE SHIPMENT ADVERSELY AFFECTED THEREBY, UNLESS AT TIME OF SHIPMENT THE SHIPPER MAKES A DECLARATION OF VALUE FOR CARRIAGE IN THE SPACE DESIGNATED ON THE SERVICE REQUEST AND SHIPPING INSTRUCTIONS FORM AND PAYS THE APPROPRIATE VALUATION CHARGE. IN NO EVENT SHALL XXXXXXX’X LIABILITY EXCEED THE DECLARED VALUE OF THE SHIPMENT OR THE AMOUNT OF LOSS OR DAMAGE ACTUALLY SUSTAINED, WHICHEVER IS LOWER. IF CARRIAGE OF THE SHIPMENT IS SOLELY OR PARTLY BY AIR AND INVOLVES AN ULTIMATE DESTINATION OR A STOP IN A COUNTRY OTHER THAN THE COUNTRY OF DEPARTURE, Xxxxxxx’x LIABILITY FOR CARGO LOST, DAMAGED OR DELAYED SHALL BE LIMITED TO $9.07 PER POUND ($20.00 PER KILOGRAM) FOR CARRIAGE SUBJECT TO THE UNAMENDED WARSAW CONVENTION OR THE WARSAW CONVENTION AS AMENDED BY THE HAGUE PROTOCOL OF 1955, 17 SPECIAL DRAWING RIGHTS PER KILOGRAM FOR CARRIAGE SUBJECT TO THE WARSAW CONVENTION AS AMENDED BY THE MONTREAL PROTOCOL NO. 4 OF 1975, OR $9.07 PER POUND ($20.00 PER KILOGRAM) FOR CARRIAGE WHERE THE WARSAW CONVENTION, INCLUDING ITS AMENDMENTS, DOES NOT APPLY FOR ANY REASON, UNLESS A HIGHER DECLARED VALUE IS REQUESTED, AND THE FEES SET FORTH IN THE SERVICE GUIDE FOR SUCH HIGHER DECLARED VALUE ARE PAID. FOR INTER- NATIONAL SHIPMENTS, THIS SHIPPING REQUEST AND SHIPPING INSTRUCTION CONTRACT SHALL BE DEEMED AN AIR WAYBILL WITHIN THE MEANING OF THE WARSAW CONVENTION. Notwithstanding the above limitations, domestic shipments containing the following items of extraordinary value are limited to a maximum declared value of $500.00 (USD): (a) artworks and objects of art, including without limitation original paintings, drawings, etchings, water colors, tapestries and sculpture; (b) clocks, watches, jewelry (including costume jewelry), furs and fur-trimmed clothing; (c) personal effects; (d) and other inherently fragile or unique items, including prototypes, etc. Any declared value in excess of the maximums allowed herein is null and void, and the acceptance by Xxxxxxx for carriage of any shipment with a declared value in excess of the allowed maximums does not constitute a waiver of these maximums. Xxxxxxx understands that even if Xxxxxxx is not able to participate or fully participate in a show due to loss of, theft of, or damage to its property, Xxxxxxx shall never be liable or responsible for damages identified by the terms (by way of example only and not in limitation of the breadth of this clause) such as the following: consequential damages, loss of use damages, loss of profits damages, business interruption dam- ages, delay damages, special damages, collateral damages, exemplary damages, damages awarded for gross negligence, direct damages, indirect damages, damages for failure of performance, breach of contract damages, fraud damages, or any other sort of damage for tort or breach of contract. This limitation shall bind the parties: (a) whenever or wherever the claimed loss or damage may occur; (b) even though the alleged loss or damage is claimed to result from negligence, strict liability, products liability, breach of contract, breach of statute or regulation, or any other legal theory or cause, and; (c) even though Xxxxxxx may have been advised or be on notice of the possibility or even the probability of such damages. Xxxxxxx makes no warranties, express or implied, and expressly disclaims any and all warranties. Except for Xxxxxxx’x failure to deliver in accordance with the Guaranteed Service section of the Service Guide, Xxxxxxx will not be liable for misdelivery, incomplete or otherwise inadequate delivery (including but not limited to failure to follow Shipper or Consignee instructions or failure to collect or properly deliver a payment instrument), non-delivery, missed pickup, delay on International shipments, loss or damage unless caused by Xxxxxxx’x sole negligence.

LIMITATION ON SHIPPER’S RECOVERABLE DAMAGES. XXXXXXX’X Xxxxxxx'x LIABILITY FOR DAMAGES ON DOMESTIC DOMES- TIC SHIPMENTS, INCLUDING BUT NOT LIMITED TO THOSE DAMAGES ARISING FROM OR RELATED TO MISDELIVERYMIS- DELIVERY, INCOMPLETE OR OTHERWISE INADEQUATE DELIVERY (INCLUDING BUT NOT LIMITED TO FAILURE TO FOLLOW SHIPPER OR CONSIGNEE INSTRUCTIONS OR FAILURE TO COLLECT OR PROPERLY DELIVER A PAYMENT INSTRUMENT), NONDELIVERY, MISSED PICKUP, AND LOSS OF OR DAMAGE TO CARGO, SHALL BE LIMITED TO THE HIGHER OF $50.00 (USD) PER SHIPMENT OR $.50 (USD) PER POUND ($1.10 (USD) PER KILOGRAMKILO- GRAM) OF CARGO ADVERSELY AFFECTED THEREBY, PLUS TRANSPORTATION CHARGES APPLICABLE TO THAT PART OF THE SHIPMENT ADVERSELY AFFECTED THEREBY, UNLESS AT TIME OF SHIPMENT THE SHIPPER SHIP- PER MAKES A DECLARATION OF VALUE FOR CARRIAGE IN THE SPACE DESIGNATED ON THE SERVICE REQUEST AND SHIPPING INSTRUCTIONS FORM AND PAYS THE APPROPRIATE VALUATION CHARGE. IN NO EVENT SHALL XXXXXXX’X Xxxxxxx'x LIABILITY EXCEED THE DECLARED VALUE OF THE SHIPMENT OR THE AMOUNT OF LOSS OR DAMAGE ACTUALLY SUSTAINED, WHICHEVER IS LOWER. IF CARRIAGE OF THE SHIPMENT IS SOLELY SOLE- LY OR PARTLY BY AIR AND INVOLVES AN ULTIMATE DESTINATION OR A STOP IN A COUNTRY OTHER THAN THE COUNTRY OF DEPARTURE, Xxxxxxx’x Xxxxxxx'x LIABILITY FOR CARGO LOST, DAMAGED OR DELAYED SHALL BE LIMITED TO $9.07 PER POUND ($20.00 PER KILOGRAM) FOR CARRIAGE SUBJECT TO THE UNAMENDED WARSAW WAR- SAW CONVENTION OR THE WARSAW CONVENTION AS AMENDED BY THE HAGUE PROTOCOL OF 1955, 17 SPECIAL DRAWING RIGHTS PER KILOGRAM FOR CARRIAGE SUBJECT TO THE WARSAW CONVENTION AS AMENDED BY THE MONTREAL PROTOCOL NO. 4 OF 1975, OR $9.07 PER POUND ($20.00 PER KILOGRAM) FOR CARRIAGE WHERE THE WARSAW CONVENTION, INCLUDING ITS AMENDMENTS, DOES NOT APPLY FOR ANY REASON, UNLESS A HIGHER DECLARED VALUE IS REQUESTED, AND THE FEES SET FORTH IN THE SERVICE GUIDE FOR SUCH HIGHER DECLARED VALUE ARE PAID. FOR INTER- NATIONAL INTERNATIONAL SHIPMENTS, THIS SHIPPING REQUEST AND SHIPPING INSTRUCTION CONTRACT SHALL BE DEEMED AN AIR WAYBILL WITHIN THE MEANING MEAN- ING OF THE WARSAW CONVENTION. Notwithstanding the above limitations, domestic shipments containing the following items of extraordinary value are limited to a maximum declared value of $500.00 (USD):. (a) artworks and objects of art, including without limitation original paintings, drawings, etchings, water colors, tapestries tap- estries and sculpture; (b) clocks, watches, jewelry (including costume jewelry), furs and fur-trimmed clothing; (c) personal effects; (d) and other inherently fragile or unique items, including prototypes, etc. Any declared value in excess of the maximums allowed herein is null and void, and the acceptance by Xxxxxxx for carriage of any shipment with a declared value in excess of the allowed maximums does not constitute a waiver of these maximums. Xxxxxxx understands that even if Xxxxxxx is not able to participate or fully participate in a show due to loss of, theft of, or damage to its property, Xxxxxxx shall never be liable or responsible for damages identified by the terms (by way of example only and not in limitation of the breadth of this clause) such as the following: consequential damages, loss of use damages, loss of profits damages, business interruption dam- ages, delay damages, special damages, collateral damages, exemplary damages, damages awarded for gross negligence, direct damages, indirect damages, damages for failure of performance, breach of contract damages, fraud damages, or any other sort of damage for tort or breach of contract. This limitation shall bind the parties:. (a) whenever or wherever the claimed loss or damage may occur; (b) even though the alleged loss or damage is claimed to result from negligence, strict liability, products liability, breach of contract, breach of statute or regulation, or any other legal theory or cause, and; (c) even though Xxxxxxx may have been advised or be on notice of the possibility or even the probability of such damages. Xxxxxxx makes no warranties, express or implied, and expressly disclaims any and all warranties. Except for Xxxxxxx’x Xxxxxxx'x failure to deliver in accordance with the Guaranteed Service section of the Service Guide, Xxxxxxx will not be liable for misdelivery, incomplete or otherwise inadequate delivery (including but not limited to failure to follow Shipper or Consignee instructions or failure to collect or properly deliver a payment instrument), non-delivery, missed pickup, delay on International shipments, loss or damage unless caused by Xxxxxxx’x Xxxxxxx'x sole negligence.

LIMITATION ON SHIPPER’S RECOVERABLE DAMAGES. XXXXXXX’X Xxxxxxx‟s LIABILITY FOR DAMAGES ON DOMESTIC SHIPMENTS, INCLUDING BUT NOT LIMITED TO THOSE DAMAGES ARISING FROM OR RELATED TO MISDELIVERY, INCOMPLETE OR OTHERWISE INADEQUATE DELIVERY (INCLUDING BUT NOT LIMITED TO FAILURE TO FOLLOW SHIPPER OR CONSIGNEE INSTRUCTIONS OR FAILURE TO COLLECT OR PROPERLY DELIVER A PAYMENT INSTRUMENT), NONDELIVERY, MISSED PICKUP, AND LOSS OF OR DAMAGE TO CARGO, SHALL BE LIMITED TO THE HIGHER OF $50.00 (USD) PER SHIPMENT OR $.50 (USD) PER POUND ($1.10 (USD) PER KILOGRAM) OF CARGO ADVERSELY AFFECTED THEREBY, PLUS TRANSPORTATION CHARGES APPLICABLE TO THAT PART OF THE SHIPMENT ADVERSELY AFFECTED THEREBY, UNLESS AT TIME OF SHIPMENT THE SHIPPER MAKES A DECLARATION OF VALUE FOR CARRIAGE IN THE SPACE DESIGNATED ON THE SERVICE REQUEST AND SHIPPING INSTRUCTIONS FORM AND PAYS THE APPROPRIATE VALUATION CHARGE. IN NO EVENT SHALL XXXXXXX’X Xxxxxxx‟s LIABILITY EXCEED THE DECLARED VALUE OF THE SHIPMENT OR THE AMOUNT OF LOSS OR DAMAGE ACTUALLY SUSTAINED, WHICHEVER IS LOWER. IF CARRIAGE OF THE SHIPMENT IS SOLELY OR PARTLY BY AIR AND INVOLVES AN ULTIMATE DESTINATION OR A STOP IN A COUNTRY OTHER THAN THE COUNTRY OF DEPARTURE, Xxxxxxx’x Xxxxxxx‟s LIABILITY FOR CARGO LOST, DAMAGED OR DELAYED SHALL BE LIMITED TO $9.07 PER POUND ($20.00 PER KILOGRAM) FOR CARRIAGE SUBJECT TO THE UNAMENDED WARSAW CONVENTION OR THE WARSAW CONVENTION AS AMENDED BY THE HAGUE PROTOCOL OF 1955, 17 SPECIAL DRAWING RIGHTS PER KILOGRAM FOR CARRIAGE SUBJECT TO THE WARSAW CONVENTION AS AMENDED BY THE MONTREAL PROTOCOL NO. 4 OF 1975, OR $9.07 PER POUND ($20.00 PER KILOGRAM) FOR CARRIAGE WHERE THE WARSAW CONVENTION, INCLUDING ITS AMENDMENTS, DOES NOT APPLY FOR ANY REASON, UNLESS A HIGHER DECLARED VALUE IS REQUESTED, AND THE FEES SET FORTH IN THE SERVICE GUIDE FOR SUCH HIGHER DECLARED VALUE ARE PAID. FOR INTER- NATIONAL INTERNATIONAL SHIPMENTS, THIS SHIPPING REQUEST AND SHIPPING INSTRUCTION CONTRACT SHALL BE DEEMED AN AIR WAYBILL WITHIN THE MEANING OF THE WARSAW CONVENTION. Notwithstanding the above limitations, domestic shipments containing the following items of extraordinary value are limited to a maximum declared value of $500.00 (USD):. (a) artworks and objects of art, including without limitation original paintings, drawings, etchings, water colors, tapestries and sculpture; (b) clocks, watches, jewelry (including costume jewelry), furs and fur-trimmed clothing; (c) personal effects; (d) and other inherently fragile or unique items, including prototypes, etc. Any declared value in excess of the maximums allowed herein is null and void, and the acceptance by Xxxxxxx for carriage of any shipment with a declared value in excess of the allowed maximums does not constitute a waiver of these maximums. Xxxxxxx understands that even if Xxxxxxx Shipper is not able to participate or fully participate in a show due to loss of, theft of, or damage to its property, Xxxxxxx shall never be liable or responsible for damages identified by the terms (by way of example only and not in limitation of the breadth of this clause) such as the following: consequential damages, loss of use damages, loss of profits damages, business interruption dam- agesdamages, delay damages, special damages, collateral damages, exemplary damages, damages awarded for gross negligence, direct damages, indirect damages, damages for failure of performance, breach of contract damages, fraud damages, or any other sort of damage for tort or breach of contract. This limitation shall bind the parties: (a) whenever or wherever the claimed loss or damage may occur; (b) even though the alleged loss or damage is claimed to result from negligence, strict liability, products liability, breach of contract, breach of statute or regulation, or any other legal theory or cause, and; (c) even though Xxxxxxx may have been advised or be on notice of the possibility or even the probability of such damages. Xxxxxxx makes no warranties, express or implied, and expressly disclaims any and all warranties. Except for Xxxxxxx’x failure to deliver in accordance with the Guaranteed Service section of the Service Guide, Xxxxxxx will not be liable for misdelivery, incomplete or otherwise inadequate delivery (including but not limited to failure to follow Shipper or Consignee instructions or failure to collect or properly deliver a payment instrument), non-delivery, missed pickup, delay on International shipments, loss or damage unless caused by Xxxxxxx’x sole negligence.

LIMITATION ON SHIPPER’S RECOVERABLE DAMAGES. XXXXXXX’X FRTR’S LIABILITY FOR DAMAGES ON DOMESTIC SHIPMENTS, INCLUDING BUT NOT LIMITED TO THOSE DAMAGES ARISING FROM OR RELATED TO MISDELIVERY, INCOMPLETE OR OTHERWISE INADEQUATE DELIVERY (INCLUDING BUT NOT LIMITED TO FAILURE TO FOLLOW SHIPPER OR CONSIGNEE INSTRUCTIONS OR FAILURE TO COLLECT OR PROPERLY DELIVER A PAYMENT INSTRUMENT), NONDELIVERY, MISSED PICKUP, AND LOSS OF OR DAMAGE TO CARGO, SHALL BE LIMITED TO THE HIGHER OF $50.00 (USD) PER SHIPMENT OR $.50 (USD) PER POUND ($1.10 (USD) PER KILOGRAM) OF CARGO ADVERSELY AFFECTED THEREBY, PLUS TRANSPORTATION CHARGES APPLICABLE TO THAT PART OF THE SHIPMENT ADVERSELY AFFECTED THEREBY, UNLESS AT TIME OF SHIPMENT THE SHIPPER MAKES A DECLARATION OF VALUE FOR CARRIAGE IN THE SPACE DESIGNATED ON THE SERVICE REQUEST AND SHIPPING INSTRUCTIONS FORM AND PAYS THE APPROPRIATE VALUATION CHARGE. IN NO EVENT SHALL XXXXXXX’X FRTR’S LIABILITY EXCEED THE DECLARED VALUE OF THE SHIPMENT OR THE AMOUNT OF LOSS OR DAMAGE ACTUALLY SUSTAINED, WHICHEVER IS LOWER. IF CARRIAGE OF THE SHIPMENT IS SOLELY OR PARTLY BY AIR AND INVOLVES AN ULTIMATE DESTINATION OR A STOP IN A COUNTRY OTHER THAN THE COUNTRY OF DEPARTURE, Xxxxxxx’x FRTR’S LIABILITY FOR CARGO LOST, DAMAGED OR DELAYED SHALL BE LIMITED TO $9.07 PER POUND ($20.00 PER KILOGRAM) FOR CARRIAGE SUBJECT TO THE UNAMENDED WARSAW CONVENTION OR THE WARSAW CONVENTION AS AMENDED BY THE HAGUE PROTOCOL OF 1955, 17 SPECIAL DRAWING RIGHTS PER KILOGRAM FOR CARRIAGE SUBJECT TO THE WARSAW CONVENTION AS AMENDED BY THE MONTREAL PROTOCOL NO. 4 OF 1975, OR $9.07 PER POUND ($20.00 PER KILOGRAM) FOR CARRIAGE WHERE THE WARSAW CONVENTION, INCLUDING ITS AMENDMENTS, DOES NOT APPLY FOR ANY REASON, UNLESS A HIGHER DECLARED VALUE IS REQUESTED, AND THE FEES SET FORTH IN THE SERVICE GUIDE FOR SUCH HIGHER DECLARED VALUE ARE PAID. FOR INTER- NATIONAL INTERNATIONAL SHIPMENTS, THIS SHIPPING REQUEST AND SHIPPING INSTRUCTION CONTRACT SHALL BE DEEMED AN AIR WAYBILL WITHIN THE MEANING OF THE WARSAW CONVENTION. Notwithstanding the above limitations, domestic shipments containing the following items of extraordinary value are limited to a maximum declared value of $500.00 (USD):. (a) artworks and objects of art, including without limitation original paintings, drawings, etchings, water colors, tapestries and sculpture; (b) clocks, watches, jewelry (including costume jewelry), furs and fur-trimmed clothing; (c) personal effects; (d) and other inherently fragile or unique items, including prototypes, etc. Any declared value in excess of the maximums allowed herein is null and void, and the acceptance by Xxxxxxx for carriage of any shipment with a declared value in excess of the allowed maximums does not constitute a waiver of these maximums. Xxxxxxx understands that even if Xxxxxxx is not able to participate or fully participate in a show due to loss of, theft of, or damage to its property, Xxxxxxx shall never be liable or responsible for damages identified by the terms (by way of example only and not in limitation of the breadth of this clause) such as the following: consequential damages, loss of use damages, loss of profits damages, business interruption dam- ages, delay damages, special damages, collateral damages, exemplary damages, damages awarded for gross negligence, direct damages, indirect damages, damages for failure of performance, breach of contract damages, fraud damages, or any other sort of damage for tort or breach of contract. This limitation shall bind the parties:. (a) whenever or wherever the claimed loss or damage may occur; (b) even though the alleged loss or damage is claimed to result from negligence, strict liability, products liability, breach of contract, breach of statute or regulation, or any other legal theory or cause, and; (c) even though Xxxxxxx FRTR may have been advised or be on notice of the possibility or even the probability of such damages. Xxxxxxx makes no warranties, express or implied, and expressly disclaims any and all warranties. Except for Xxxxxxx’x failure to deliver in accordance with the Guaranteed Service section of the Service Guide, Xxxxxxx will not be liable for misdelivery, incomplete or otherwise inadequate delivery (including but not limited to failure to follow Shipper or Consignee instructions or failure to collect or properly deliver a payment instrument), non-delivery, missed pickup, delay on International shipments, loss or damage unless caused by Xxxxxxx’x sole negligence.

LIMITATION ON SHIPPER’S RECOVERABLE DAMAGES. XXXXXXX’X LIABILITY FOR DAMAGES ON DOMESTIC SHIPMENTS, INCLUDING BUT NOT LIMITED TO THOSE DAMAGES ARISING FROM OR RELATED TO MISDELIVERY, INCOMPLETE OR OTHERWISE INADEQUATE DELIVERY (INCLUDING BUT NOT LIMITED TO FAILURE TO FOLLOW SHIPPER OR CONSIGNEE INSTRUCTIONS OR FAILURE TO COLLECT OR PROPERLY DELIVER A PAYMENT INSTRUMENT), NONDELIVERY, MISSED PICKUP, AND LOSS OF OR DAMAGE TO CARGO, SHALL BE LIMITED TO THE HIGHER OF $50.00 (USD) PER SHIPMENT OR $.50 (USD) PER POUND ($1.10 (USD) PER KILOGRAM) OF CARGO ADVERSELY AFFECTED THEREBY, PLUS TRANSPORTATION CHARGES APPLICABLE TO THAT PART OF THE SHIPMENT ADVERSELY AFFECTED THEREBY, UNLESS AT TIME OF SHIPMENT THE SHIPPER MAKES A DECLARATION OF VALUE FOR CARRIAGE IN THE SPACE DESIGNATED ON THE SERVICE REQUEST AND SHIPPING INSTRUCTIONS FORM AND PAYS THE APPROPRIATE VALUATION CHARGE. IN NO EVENT SHALL XXXXXXX’X LIABILITY EXCEED THE DECLARED VALUE OF THE SHIPMENT OR THE AMOUNT OF LOSS OR DAMAGE ACTUALLY SUSTAINED, WHICHEVER IS LOWER. IF CARRIAGE OF THE SHIPMENT IS SOLELY OR PARTLY BY AIR AND INVOLVES AN ULTIMATE DESTINATION OR A STOP IN A COUNTRY OTHER THAN THE COUNTRY OF DEPARTURE, Xxxxxxx’x LIABILITY FOR CARGO LOST, DAMAGED OR DELAYED SHALL BE LIMITED TO $9.07 PER POUND ($20.00 PER KILOGRAM) FOR CARRIAGE SUBJECT TO THE UNAMENDED WARSAW CONVENTION OR THE WARSAW CONVENTION AS AMENDED BY THE HAGUE PROTOCOL OF 1955, 17 SPECIAL DRAWING RIGHTS PER KILOGRAM FOR CARRIAGE SUBJECT TO THE WARSAW CONVENTION AS AMENDED BY THE MONTREAL PROTOCOL NO. 4 OF 1975, OR $9.07 PER POUND ($20.00 PER KILOGRAM) FOR CARRIAGE WHERE THE WARSAW CONVENTION, INCLUDING ITS AMENDMENTS, DOES NOT APPLY FOR ANY REASON, UNLESS A HIGHER DECLARED VALUE IS REQUESTED, AND THE FEES SET FORTH IN THE SERVICE GUIDE FOR SUCH HIGHER DECLARED VALUE ARE PAID. FOR INTER- NATIONAL SHIPMENTS, THIS SHIPPING REQUEST AND SHIPPING INSTRUCTION CONTRACT SHALL BE DEEMED AN AIR WAYBILL WITHIN THE MEANING OF THE WARSAW CONVENTION. Notwithstanding the above limitations, domestic shipments containing the following items of extraordinary value are limited to a maximum declared value of $500.00 (USD): (a) artworks and objects of art, including without limitation original paintings, drawings, etchings, water colors, tapestries and sculpture; (b) clocks, watches, jewelry (including costume jewelry), furs and fur-trimmed clothing; (c) personal effects; (d) and other inherently fragile or unique items, including prototypes, etc. Any declared value in excess of the maximums allowed herein is null and void, and the acceptance by Xxxxxxx for carriage of any shipment with a declared value in excess of the allowed maximums does not constitute a waiver of these maximums. Xxxxxxx understands that even if Xxxxxxx is not able to participate or fully participate in a show due to loss of, theft of, or damage to its property, Xxxxxxx shall never be liable or responsible for damages identified by the terms (by way of example only and not in limitation of the breadth of this clause) such as the following: consequential damages, loss of use damages, loss of profits damages, business interruption dam- ages, delay damages, special damages, collateral damages, exemplary damages, damages awarded for gross negligence, direct damages, indirect damages, damages for failure of performance, breach of contract damages, fraud damages, or any other sort of damage for tort or breach of contract. This limitation shall bind the parties: (a) whenever or wherever the claimed loss or damage may occur; (b) even though the alleged loss or damage is claimed to result from negligence, strict liability, products liability, breach of contract, breach of statute or regulation, or any other legal theory or cause, and; (c) even though Xxxxxxx may have been advised or be on notice of the possibility or even the probability of such damages. Xxxxxxx makes no warranties, express or implied, and expressly disclaims any and all warranties. Except for Xxxxxxx’x failure to deliver in accordance with the Guaranteed Service section of the Service Guide, Xxxxxxx will not be liable for misdelivery, incomplete or otherwise inadequate delivery (including but not limited to failure to follow Shipper or Consignee instructions or failure to collect or properly deliver a payment instrument), non-delivery, missed pickup, delay on International shipments, loss or damage unless caused by Xxxxxxx’x sole negligence.