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

LIMITATION ON SHIPPER’S RECOVERABLE DAMAGES. Xxxxxxx understands that even if xxxxxxx’s property is lost, stolen, or damaged, Xxxxxxx does not pay replacement or restoration cost of any property. XXXXXXX’X MAXIMUM LIABILITY SHALL BE THE AMOUNT OF PROVEN ACTUAL VALUE NOT EX- CEEDING THE LOWER OF FAIR MARKET VALUE. (THE “FAIR MARKET VALUE” EQUALS THE AS IS WHERE IS PRICE FOR THE PROPERTY AT THE LOCATION OF THE SHOW TO WHICH XXXXX A WILLING BUYER AND A WILLING SELLER WOULD AGREE IN AN ORDINARY COURSE OF BUSINESS, ARM’S LENGTH SALE.) OR $5.00 (USD) PER POUND OF CARGO LOST OR DAMAGED UNLESS AT THE TIME OF SHIPMENT SHIPPER MAKES A DECLARATION OF VALUE FOR CARRIAGE IN THE SPACE DESIGNATED ON THE SHIPPING INSTRUCTIONS AND PAYS THE APPROPRIATE VALUATION CHARGE. Even if Xxxxxxx has made a declaration of value, liability shall never exceed the depreciated original invoice value or the fair market value of the property, whichever is less. The value per pound for applying declared valuation charges shall be determined by dividing Shipper’s declared value for carriage by the actual weight of the shipment. In all cases not prohibited by law, where a lower value than the actual value of the said property has been stated in writing by Xxxxxxx or has been agreed upon in writing as the released value of the property upon which the rate is based, such lower value plus freight charges, if paid, shall be the maximum recoverable amount for loss or damage. Notwithstanding the above limitations, all 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, watercol- ors, tapestries and sculptures or prototypes; (b) Clocks, jewelry, including costume jewelry, furs, and fur-trimmed clothing;

LIMITATION ON SHIPPER’S RECOVERABLE DAMAGES. Xxxxxxx understands that even if xxxxxxx’s Xxxxxxx‟s property is lost, stolen, or damaged, Xxxxxxx does not pay replacement or restoration cost of any property. XXXXXXX’X MAXIMUM LIABILITY SHALL BE THE AMOUNT OF PROVEN ACTUAL VALUE NOT EX- CEEDING EXCEEDING THE LOWER OF THE FAIR MARKET VALUE. VALUE (THE “FAIR MARKET VALUE” EQUALS THE AS IS WHERE IS PRICE FOR THE PROPERTY AT THE LOCATION OF THE SHOW TO WHICH XXXXX PRICE A WILLING BUYER AND A WILLING SELLER WOULD AGREE IN AN ORDINARY COURSE OF BUSINESS, ARM’S LENGTH SALE.) OR $5.00 25.00 (USD) PER POUND OF CARGO LOST OR DAMAGED UNLESS AT THE TIME OF SHIPMENT SHIPPER MAKES A DECLARATION OF VALUE FOR CARRIAGE IN THE SPACE DESIGNATED ON THE SHIPPING INSTRUCTIONS AND PAYS THE APPROPRIATE VALUATION CHARGE. Even if Xxxxxxx has made a declaration of value, liability shall never exceed the depreciated original invoice value or the fair market value of the property, whichever is less. The value per pound for applying declared valuation charges shall be determined by dividing Shipper’s Shipper‟s declared value for carriage by the actual weight of the shipment. In all cases not prohibited by law, where a lower value than the actual value of the said property has been stated in writing by Xxxxxxx or has been agreed upon in writing as the released value of the property upon which the rate is based, such lower value plus freight charges, if paid, shall be the maximum recoverable amount for loss or damage. Notwithstanding the above limitations, all 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, watercol- orswatercolors, tapestries and sculptures or prototypes; (b) Clocks, jewelry, including costume jewelry, furs, and fur-fur- trimmed clothing; (c) Personal effects, including without limitation, papers and documents; or (d) Coin money, currency, gift certificates, debit cards, credit cards, and any other items of extraordinary value. 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. In any event, (excluding small package program shipments) Xxxxxxx’x MAXIMUM LIABILITY WILL NEVER BE MORE THAN $100,000 PER SHIPMENT. Xxxxxxx understands that even if Shipper is not able to participate or fully participate in a Show due to loss of, theft of, or damage to their property, Xxxxxxx shall not 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 damages, delay damages, special damages, collateral damages, exemplary damages, damages awarded for gross negligence, direct damages, indirect damages, or 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;

LIMITATION ON SHIPPER’S RECOVERABLE DAMAGES. Xxxxxxx Shipper understands that even if xxxxxxxXxxxxxx’s property is lost, stolen, delayed or damaged, Xxxxxxx FRTR does not pay replacement or restoration cost of any property. XXXXXXX’X FRTR’S MAXIMUM LIABILITY SHALL BE THE AMOUNT OF PROVEN ACTUAL VALUE NOT EX- CEEDING EXCEEDING THE LOWER OF THE FAIR MARKET VALUE. VALUE (THE “FAIR MARKET VALUE” EQUALS THE AS IS WHERE IS PRICE FOR THE PROPERTY AT THE LOCATION OF THE SHOW TO WHICH XXXXX PRICE A WILLING BUYER AND A WILLING SELLER WOULD AGREE IN AN ORDINARY COURSE OF BUSINESS, ARM’S LENGTH SALE.) OR $5.00 (USD) PER POUND OF CARGO LOST OR DAMAGED UNLESS AT THE TIME OF SHIPMENT SHIPPER MAKES A DECLARATION OF VALUE FOR CARRIAGE IN THE SPACE DESIGNATED ON THE SHIPPING INSTRUCTIONS AND PAYS THE APPROPRIATE VALUATION CHARGE. Even if Xxxxxxx has made a declaration of value, liability shall never exceed the depreciated original invoice value or the fair market value of the property, whichever is less. The value per pound for applying declared valuation charges shall be determined by dividing Shipper’s declared value for carriage by the actual weight of the shipment. In all cases not prohibited by law, where a lower value than the actual value of the said property has been stated in writing by Xxxxxxx or has been agreed upon in writing as the released value of the property upon which the rate is based, such lower value plus freight charges, if paid, shall be the maximum recoverable amount for loss or damage. Notwithstanding the above limitations, all 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, watercol- ors, tapestries and sculptures or prototypes; (b) Clocks, jewelry, including costume jewelry, furs, and fur-trimmed clothing;):

LIMITATION ON SHIPPER’S RECOVERABLE DAMAGES. Xxxxxxx understands that even if xxxxxxx’s Xxxxxxx's property is lost, stolen, or damaged, Xxxxxxx does not pay replacement or restoration cost of any property. XXXXXXX’X XXXXXXX'X MAXIMUM LIABILITY SHALL BE THE AMOUNT OF PROVEN ACTUAL VALUE NOT EX- CEEDING EXCEED- ING THE LOWER OF THE FAIR MARKET VALUE. VALUE (THE “FAIR MARKET VALUE” EQUALS THE AS IS WHERE IS PRICE FOR THE PROPERTY AT THE LOCATION OF THE SHOW TO WHICH XXXXX PRICE A WILLING WILL- ING BUYER AND A WILLING SELLER WOULD AGREE IN AN ORDINARY COURSE OF BUSINESS, ARM’S 'S LENGTH SALE.) OR $5.00 (USD) PER POUND OF CARGO LOST OR DAMAGED UNLESS AT THE TIME OF SHIPMENT SHIPPER MAKES A DECLARATION OF VALUE FOR CARRIAGE IN THE SPACE DESIGNATED DESIG- 01/06 – 10218 NATED ON THE SHIPPING INSTRUCTIONS AND PAYS THE APPROPRIATE VALUATION CHARGE. Even if Xxxxxxx has made a declaration of value, liability shall never exceed the depreciated original invoice value or the fair market value of the property, whichever is less. The value per pound for applying declared valuation charges shall be determined by dividing Shipper’s 's declared value for carriage by the actual weight of the shipmentship- ment. In all cases not prohibited by law, where a lower value than the actual value of the said property has been stated in writing by Xxxxxxx or has been agreed upon in writing as the released value of the property upon which the rate is based, such lower value plus freight charges, if paid, shall be the maximum recoverable amount for loss or damage. Notwithstanding the above limitations, all 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, watercol- ors, tapestries and sculptures or prototypes; (b) Clocks, jewelry, including costume jewelry, furs, and fur-trimmed clothing;):

LIMITATION ON SHIPPER’S RECOVERABLE DAMAGES. Xxxxxxx Shipper understands that even if xxxxxxxXxxxxxx’s property is lost, stolen, or damaged, Xxxxxxx Xxxxxx does not pay replacement or restoration cost of any property. XXXXXXX’X XXXXXX/THE CARRIERS’S MAXIMUM LIABILITY LIABLITY SHALL BE THE AMOUNT OF PROVEN ACTUAL VALUE NOT EX- CEEDING EXCEEDING THE LOWER OF THE FAIR MARKET VALUE. VALUE (“THE “FAIR MARKET VALUE” EQUALS THE AS IS WHERE IS PRICE FOR THE PROPERTY AT THE LOCATION OF THE SHOW TO WHICH XXXXX PRICE A WILLING BUYER AND A WILLING SELLER WOULD AGREE IN AN ORDINARY COURSE OF BUSINESS, ARM’S LENGTH SALE.) OR $5.00 25.00 (USD) PER POUND (SHIPMENTS MOVING VIA GROUND) PER PIECE OF CARGO LOST OR DAMAGED UNLESS AT THE TIME OF SHIPMENT SHIPPER MAKES A DECLARATION OF VALUE FOR CARRIAGE IN THE SPACE DESIGNATED ON THE SHIPPING INSTRUCTIONS AND PAYS THE APPROPRIATE VALUATION CHARGE. Even if Xxxxxxx has made a declaration of value, liability shall never exceed the depreciated original invoice value or the fair market value of the property, whichever is less. The value per pound for applying declared valuation charges shall be determined by dividing Shipper’s declared value for carriage by the actual weight of the shipment. In IN all cases not prohibited by law, where a lower value than the actual value of the said property has been stated in writing by Xxxxxxx or has been agreed upon in writing as the released value of the property upon which the rate is based, such lower value plus freight charges, if paid, shall be the maximum recoverable amount for loss or damage. Notwithstanding the above limitations, all 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, watercol- orswatercolors, tapestries and sculptures or prototypes; (b) Clocks, jewelry, including costume jewelry, fursfurs and fur trimmed clothing; (c) Personal effects, including without limitation, papers and documents; or (d) Coin money, currency, gift certificates, debit cards, credit cards, and fur-trimmed clothing;any other items of extraordinary value. Any declared values in excess of the maximums does not constitute of in excess of the maximums allowed herein is null and void, and the acceptance by Xxxxxx/the carrier for carriage of any shipment with declared value in excess of the allowed minimums does not constitute a waiver of these maximums. In any event, (excluding small package program shipments) XXXXXX/THE CARRIER’S MAXIMUM LIABLITY WILL NEVER BE MORE THAN $100,000 PER SHIPMENT. Shipper understands that even if Shipper is not able to participate or fully participate in a show due to loss of, theft of, or damage to their property, Xxxxxx/the carrier shall not 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 damages, delay damages, special damages, collateral damages, exemplary damages, damages awarded for gross negligence, direct damages, indirect damages, or damages of 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 LIABLITY, PRODUCTS LIABLITY, BREACH OF CONTRACT, BREACH OF STATUTE OR REGULATION, OR ANY OTHER LEGAL THEORY OR CAUSE, AND; (C) EVEN THOUGH XXXXXX MAY HAVE BEEN ADVISED OR BEEN ON NOTICE OF THE POSSIBLITY OR EVEN THE PROBABLITY OF SUCH DAMAGES.