Common use of Ownership of Products and Limitation of Liability Clause in Contracts

Ownership of Products and Limitation of Liability. 1. The products shall always remain the property of the merchant. Service Provider acknowledges that the products stored in the warehouse are the property of the Merchant and Service Provider shall not pledge and/or hypothecate such products stored in the warehouse 2. Service Provider and/or FSSP shall not be liable for any loss, damage, claims, demands, legal proceedings, costs, expenses or otherwise arising from any delay or default in the performance of any product, Service Provider and/or FSSP shall be only liable for the loss, damage caused to the Products while the Products are in the warehouse and such loss or damage is solely and directly attributable by reason of any negligence on the part of the Service Provider and/or FSSP . Service Provider and/or FSSP shall not be responsible for the loss, breakage or damage to the products resulting from improper packing, insufficient coverage, inadequate boxing or crating, wear and tear or loss or damage due to the inherent qualities of the products. Service Provider and/or FSSP shall also not be liable or responsible for any loss or damage of products caused by any leakage or for concealed damage. 3. Notwithstanding anything contained in these warehousing terms, neither the service provider nor the FSSP shall be liable, whether in contract or tort or otherwise arising out of or in connection with these services, for any consequential, exemplary, punitive, special, indirect or other incidental loss or damage, including but not limited to loss of income, profits, interest, revenue, utility or market, whether or not FSSP/service provider knows or has previously been advised of the possibility of such loss or damage. 4. Neither the service provider nor the FSSP shall be liable in contract, tort or otherwise for any financial loss, damage, costs, proceedings (including attorneys fees) or expenses of any nature whatsoever incurred or suffered by merchant arising from or in connection with: a. inadequate or improper packaging or labelling of the Products by merchants; b. natural deterioration of the Products or the materials in which they are packed or contained; c. any acts, errors, omissions, negligence or misconduct of merchant or the employees, contractors, merchants or agents of the Merchant; d. handling, loading, stowage or unloading of the Products by Merchant, its' employees, agents, contractors and/or merchants; e. inherent vice or defect of the Products; f. any Force Majeure Event or any cause which the Service Provider and/or FSSP could not avoid; g. any reasonable depletion; h. the fault of the consignor or consignee; i. compliance with the instructions given to the Service Provider/FSSP by Merchant, its' employees, agents and/ or contractors. j. Non compliance with any laws, rules and regulations of India

Ownership of Products and Limitation of Liability. 1. The Vendor will always own the products shall always remain and the property of the merchant. Service Provider acknowledges that the products same and no Products stored in the warehouse are the property of the Merchant and Service Provider shall not pledge be pledged and/or hypothecate such products stored in the warehousehypothecate. 2. Service Provider and/or FSSP shall not be liable for any Any loss, damage, claims, demands, legal proceedings, costs, expenses or otherwise arising from any delay or default in the performance of any product, product will be not be the liability of Service Provider and/or FSSP. Service Provider and/or FSSP shall be only liable for the loss, damage caused to the Products while the Products are in the warehouse ware- house and such loss or damage is solely and directly attributable by reason of any negligence negli- gence on the part of the Service Provider and/or FSSP FSSP. Service Provider and/or FSSP shall not be responsible for the Any loss, breakage or damage to the products resulting from improper packing, insufficient insufficient coverage, inadequate boxing or crating, wear and tear or loss or damage due to the inherent qualities of the productsproducts for which the Service Provider and/or FSSP shall not be responsible. Service Provider and/or FSSP shall also not be liable or responsible for any loss or damage of products caused by any leakage or for concealed damage. 3. Notwithstanding anything contained in these warehousing terms, neither the service provider nor the FSSP shall be liable, whether in contract or tort or otherwise arising out of or in connection with these services, for any consequentialconse- quential, exemplary, punitive, special, indirect or other incidental loss or damage, including but not limited to loss of income, profits, interest, revenue, utility or market, whether or not FSSP/service provider knows or has previously been advised of the possibility of such loss or damage. 4. Neither , the service provider nor the FSSP shall be liable liable. 4. Even in the case of in contract, tort or otherwise for any financial loss, damage, costs, proceedings (including attorneys attorney’s fees) or expenses of any nature whatsoever incurred or suffered by merchant Vendor arising from or in connection with: a. inadequate or improper packaging or labelling of the Products by merchantsVendors; b. natural deterioration of the Products or the materials in which they are packed or contained; c. any acts, errors, omissions, negligence or misconduct of merchant Vendor or the employees, contractors, merchants vendors or agents of the MerchantVendor; d. handling, loading, stowage or unloading of the Products by MerchantVendor, its' employeesemploy ees, agents, contractors and/or merchantsvendors; e. inherent vice or defect of the Products; f. any Force Majeure Event or any cause which the Service Provider and/or FSSP could not avoid; g. any reasonable depletion; h. the fault of the consignor or consignee; i. compliance with the instructions given to the Service Provider/FSSP by MerchantVendor, its' employees, agents and/ or contractors. j. Non compliance with any laws, rules and regulations of IndiaIndia Neither the service provider nor the FSSP shall be held liable.

Ownership of Products and Limitation of Liability. 1. The products shall always remain the property of the merchant. Service Provider WSP acknowledges that the products stored in the warehouse are the property of the Merchant and Service Provider WSP shall not pledge and/or hypothecate such products stored in the warehouse 2. Service Provider and/or FSSP WSP shall not be liable for any loss, damage, claims, demands, legal proceedings, costs, expenses or otherwise arising from any delay or default in the performance of any product, Service Provider and/or FSSP WSP shall be only liable for the loss, damage caused to the Products while the Products are in the warehouse and such loss or damage is solely and directly attributable by reason of any negligence on the part of the Service Provider and/or FSSP WSP. Service Provider and/or FSSP WSP shall not be responsible for the loss, breakage or damage to the products resulting from improper packing, insufficient coverage, inadequate boxing or crating, wear and tear or loss or damage due to the inherent qualities of the products. Service Provider and/or FSSP WSP shall also not be liable or responsible for any loss or damage of products caused by any leakage or for concealed damage. 3. Notwithstanding anything contained in these warehousing terms, neither the service provider nor the FSSP WSP shall be liable, whether in contract or tort or otherwise arising out of or in connection with these services, for any consequential, exemplary, punitive, special, indirect or other incidental loss or damage, including but not limited to loss of income, profits, interest, revenue, utility or market, whether or not FSSPWSP/service provider knows or has previously been advised of the possibility of such loss or damage. 4. Neither the service provider nor the FSSP WSP shall be liable in contract, tort or otherwise for any financial loss, damage, costs, proceedings (including attorneys fees) or expenses of any nature whatsoever incurred or suffered by merchant arising from or in connection with: a. a) inadequate or improper packaging or labelling of the Products by merchants; b. b) natural deterioration of the Products or the materials in which they are packed or contained; c. c) any acts, errors, omissions, negligence or misconduct of merchant or the employees, contractors, merchants or agents of the Merchant; d. d) handling, loading, stowage or unloading of the Products by Merchant, its' employees, agents, contractors and/or merchants; e. inherent vice or defect of the Products; f. any Force Majeure Event or any cause which the Service Provider and/or FSSP could not avoid; g. any reasonable depletion; h. the fault of the consignor or consignee; i. compliance with the instructions given to the Service Provider/FSSP by Merchant, its' employees, agents and/ or contractors. j. Non compliance with any laws, rules and regulations of India