Common use of Loss or Damage to Goods Clause in Contracts

Loss or Damage to Goods. The liability of APM Terminals for any loss or damage to goods, to the extent caused by fault or negligence on the part of APMT Terminals´ employees while engaged in the delivery, receiving, watching, or storing of such goods as part of Container Terminal Services shall be limited to the lesser of: (a) the value of the goods actually lost or damaged, namely the reasonable repair cost or replacement cost (with goods of the same age and in the same condition) of the goods lost or damaged; (b) the limits of liability upon which the Customer could rely in a claim brought against it in accordance with the xxxx of lading or other transport document, evidencing a contract of carriage which has been issued in respect of goods carried by the Customer (“Carriage Contract”); and (c) 2SDRs per kilo of gross weight of the goods lost or damaged. The Customer shall ensure that all Carriage Contracts incorporate a clause to the effect that APM Terminals will have the benefit of the provisions, including the law and jurisdiction provisions of that Carriage Contract to the extent such provisions benefit the Customer. APM Terminals authorises, empowers and directs the Customer to act, and the Customer hereby agrees to act, as trustee and/or agent for APM Terminals for the limited purpose only of complying with this Clause 0. In addition to being able to rely on this Agreement, APM Terminals has the right to avail itself of and invoke any limitation or exclusion of liability, immunity, defence, right, remedy and/or law and jurisdiction clause contained in the Carriage Contract as if APM Terminals were the carrier and Customer were the merchant referred to in the Carriage Contract.