Common use of Damage Liability Clause in Contracts

Damage Liability. 15.1 Unless otherwise agreed in writing if we are negligent or in breach of contract we will pay you up to £40 for each item which is lost or damaged as a direct result of any negligence or breach of contract on our part or, at our discretion, we will pay for repairing or replacing the item. This will apply even if the item is part of a pair or set and may have a special value. 15.2 For the purposes of this agreement an item is defined as: i. The entire contents of a box, parcel, package, carton, or similar container; and ii. Any other object or thing that is moved, handled or stored by us. 15.3 If the goods sustain damage by reason of defective or inadequate packing or unpacking, and the packing or unpacking (as the case may be) was not undertaken by us, we will not be liable. 15.4 We will not be liable for any claim in the event that you dispose of and/or replace the item/s before we have had the opportunity to assess the damage. 15.5 Liability is only accepted for loss or damage when the goods are 15.5.1 in our possession and negligence can be proven; or 15.5.2 in the possession of others and if the loss or damage is proven to have been as a direct result of our failure to pack the goods to a suitable standard (where we have been contracted to.) 15.6 We do not accept liability for goods confiscated, seized, removed or damaged by customs authorities or other government agencies unless such confiscation, seizure, removal or damage arose directly as a result of our negligence or breach of contract. 15.7 Damage to property other than goods Because third party contractors or others are frequently present at the time of collection or delivery, it is not always possible to prove culpability for loss or damage. Therefore, our limit of liability is as below: 15.7.1 If we cause the loss or damage as a result of our negligence or breach of contract, our liability shall be limited to making good the damaged area only. 15.7.2 If we cause the damage as a result of moving goods under your express instruction, against our advice, and where moving the goods in the manner instructed was likely to cause damage, we shall not be liable. 15.7.3 If we are responsible for causing damage, you must note this on the job sheet or delivery receipt as soon as it occurs and, in any event, before we leave the premises. This is fundamental to the agreement.

Damage Liability. 15.1 Unless otherwise agreed in writing if we are negligent or in breach of contract we will pay you up to £40 for each item which is lost or damaged as a direct result of any negligence or breach of contract on our part or, at our discretion, we will pay for repairing or replacing the item. .This will apply even if the item is part of a pair or set and may have a special value. 15.2 For the purposes of this agreement an item is defined as: i. The entire contents of a box, parcel, package, carton, or similar container; and ii. Any other object or thing that is moved, handled or stored by us. 15.3 If the goods sustain damage by reason of defective or inadequate packing or unpacking, and the packing or unpacking (as the case may be) was not undertaken by us, we will not be liable. 15.4 We will not be liable for any claim in the event that you dispose of and/or replace the item/s before we have had the opportunity to assess the damage. 15.5 Liability is only accepted for loss or damage when the goods are; 15.5.1 in our possession and negligence can be proven; or 15.5.2 in the possession of others and if the loss or damage is proven to have been as a direct result of our failure to pack the goods to a suitable standard (where we have been havebeen contracted to.) 15.6 We do not accept liability for goods confiscated, seized, removed or damaged by customs authorities or other government agencies unless such confiscation, seizure, removal or damage arose directly as a result of our negligence or breach of contract. 15.7 Damage to property other than goods Because third party contractors or others are frequently present at the time of collection or delivery, it is not always possible to prove culpability for loss or damage. Therefore, our limit of liability is as below: 15.7.1 If we cause the loss or damage as a result of our negligence or breach of contract, our liability shall be limited to making good the damaged area only.; 15.7.2 If we cause the damage as a result of moving goods under your express instruction, against our advice, and where moving the goods in the manner instructed was likely to cause damage, we shall not be liable.; and 15.7.3 If we are responsible for causing damage, you must note this on the job sheet or delivery receipt as soon as it occurs and, in any event, before we leave the premises. .This is fundamental to the agreement.

Damage Liability. 15.1 Unless otherwise agreed in writing If you do not provide us with a declaration of value of your goods, or if we are negligent or in breach of contract you do not require Extended Liability, we will pay you up to £40 for each item which is lost or damaged as a direct result of any negligence or breach of contract on our part or, at our discretion, we will pay for repairing or replacing the item. This will apply even if the item is part of a pair or set and may have a special value. 15.2 For the purposes of this agreement an item is defined as: i. The entire contents of a box, parcel, package, carton, or similar container; and ii. Any other object or thing that is moved, handled or stored by us. 15.3 If the goods sustain damage by reason of defective or inadequate packing or unpacking, and the packing or unpacking (as the case may be) was not undertaken by us, we will not be liable. 15.4 We will not be liable for any claim in the event that you dispose of and/or replace the item/s before we have had the opportunity to assess the damage. 15.5 Liability is only accepted for loss or damage when the goods are 15.5.1 in our possession and negligence can be proven; or 15.5.2 in the possession of others and if the loss or damage is proven to have been as a direct result of our failure to pack the goods to a suitable standard (where we have been contracted to.) 15.6 We do not accept liability for goods confiscated, seized, removed or damaged by customs authorities or other government agencies unless such confiscation, seizure, removal or damage arose directly as a result of our negligence or breach of contract. 15.7 Damage to property other than goods Because third party contractors or others are frequently present at the time of collection or delivery, it is not always possible to prove culpability for loss or damage. Therefore, our limit of liability is as below: 15.7.1 If we cause the loss or damage as a result of our negligence or breach of contract, our liability shall be limited to making good the damaged area only. 15.7.2 If we cause the damage as a result of moving goods under your express instruction, against our advice, and where moving the goods in the manner instructed was likely to cause damage, we shall not be liable. 15.7.3 If we are responsible for causing damage, you must note this on the job sheet or delivery receipt as soon as it occurs and, in any event, before we leave the premises. This is fundamental to the agreement.