Common use of Disclaimers Limitations of Liability Clause in Contracts

Disclaimers Limitations of Liability. A. Except as specifically set forth herein, GAC makes no express or implied warranties in connection with its services. B. In connection with all services performed by GAC, Customer may obtain additional liability coverage, up to the actual or declared value of the shipment or transaction, by requesting such coverage and agreeing to make payment therefor, which request must be confirmed in writing by GAC prior to rendering services for the covered transaction(s). C. In the absence of additional coverage under (b) above, GAC shall only be liable for any loss, damage, expense, or delay to the Goods resulting from the negligence or other fault of GAC, and such liability shall be limited to an amount equal to the lesser of fifty dollars ($50.00) per entry or shipment or the fee(s) charged for the services, whichever is less. For GAC liability related to Goods held in storage by GAC, see Section 12(f)(iii), below. D. In no event shall GAC be liable or responsible for consequential, indirect, incidental, statutory, special, or punitive damages, even if it has been put on notice of the possibility of such damages, or for the acts of third parties. E. Unless the service to be performed by GAC on behalf of the Customer is delayed by reason of negligence or other fault of GAC, GAC shall not be responsible for any loss, damage, or expense incurred by the Customer because of such delay. In the event GAC is at fault, its liability is limited in accordance with the provisions herein. Due to the inherent nature of the transportation business, GAC does not guarantee pick up, transportation, or delivery by a stipulated time. F. Liability and limitation of damages with respect to Goods tendered to GAC for storage are as follows: 1. GAC SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE TO GOODS TENDERED, STORED, OR HANDLED BY GAC, HOWEVER CAUSED, UNLESS SUCH LOSS OR DAMAGE RESULTED FROM THE FAILURE OF GAC TO EXERCISE REASONABLE CARE. GAC IS NOT LIABLE FOR DAMAGES THAT COULD NOT HAVE BEEN AVOIDED BY THE EXERCISE OF REASONABLE CARE. 2. GOODS ARE NOT INSURED BY GAC AGAINST LOSS OR DAMAGE, HOWEVER CAUSED (See Section 11, above). 3. THE CUSTOMER DECLARES THAT AGGREGATE DAMAGES ARE LIMITED TO $0.50 PER POUND NOT TO EXCEED $50,000 FOR ALL SERVICES PROVIDED OR ARRANGED, PROVIDED, HOWEVER, THAT SUCH LIABILITY MAY AT THE TIME OF ACCEPTANCE OF THIS CONTRACT BE INCREASED UPON CUSTOMER’S WRITTEN REQUEST (AND GAC’S ACCEPTANCE) ON PART OR ALL OF THE GOODS HEREUNDER IN WHICH EVENT AN ADDITIONAL MONTHLY CHARGE WILL BE MADE BASED UPON SUCH INCREASED VALUATION. 4. GAC IS NOT LIABLE FOR ANY NON-VISIBLE OR CONCEALED DAMAGES. FURTHER, ANY DAMAGES REPORTED AT THE POINT OF CARGO RECEIPT AT THE GAC WAREHOUSE ARE EXCLUDED FROM ANY GAC LIABILITIES. 5. WHERE LOSS OR DAMAGE OCCURS TO TENDERED, STORED, OR HANDLED GOODS, FOR WHICH GAC IS NOT LIABLE, THE CUSTOMER SHALL BE REPONSIBLE FOR THE COST OF REMOVING AND DISPOSING OF SUCH GOODS AND THE COST OF ANY ENVIRONMENTAL CLEAN-UP AND SITE REMEDIATION RESULTING FROM THE LOSS OR INJURY TO THE GOODS. 6. GAC SHALL NOT BE LIABLE FOR LOST PROFITS, SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR INDIRECT DAMAGES OF ANY KIND, EVEN IF GAC WAS OR SHOULD HAVE BEEN AWARE OF OR ADVISED ON THE POSSIBILITY OF SUCH DAMAGES. 7. CUSTOMER SHALL INDEMNIFY, DEFEND, AND HOLD HARMLESS GAC FROM AND AGAINST ALL CLAIMS, DAMAGES, LOSSES, JUDGMENTS, AND EXPENSES, INCLUDING REASONABLE ATTORNEY’S FEES, TO THE EXTENT CAUSED BY CUSTOMER’S NEGLIGENCE. 8. ALL RISK OF LOSS AND DAMAGE TO GOODS FROM ANY CAUSE PRIOR TO RECEIPT BY GAC INTO, AND FROM AND AFTER THE REMOVAL BY COMMON CARRIER FROM, THE INVENTORY AT THE GAC WAREHOUSE SHALL BE BORNE ENTIRELY BY THE CUSTOMER.

Disclaimers Limitations of Liability. A. a. Except as specifically set forth herein, GAC makes no express or implied warranties in connection with its services. B. b. In connection with all services performed by GAC, Customer may obtain additional liability coverage, up to the actual or declared value of the shipment or transaction, by requesting such coverage and agreeing to make payment therefor, which request must be confirmed in writing by GAC prior to rendering services for the covered transaction(s). C. c. In the absence of additional coverage under (b) above, GAC shall only be liable for any loss, damage, expense, or delay to the Goods resulting from the negligence or other fault of GAC, and such liability shall be limited to an amount equal to the lesser of fifty dollars ($50.00) per entry or shipment or the fee(s) charged for the services, whichever is less. For GAC liability related to Goods held in storage by GAC, see Section 12(f)(iii), below. D. d. In no event shall GAC be liable or responsible for consequential, indirect, incidental, statutory, special, or punitive damages, even if it has been put on notice of the possibility of such damages, or for the acts of third parties. E. e. Unless the service to be performed by GAC on behalf of the Customer is delayed by reason of negligence or other fault of GAC, GAC shall not be responsible for any loss, damage, or expense incurred by the Customer because of such delay. In the event GAC is at fault, its liability is limited in accordance with the provisions herein. Due to the inherent nature of the transportation business, GAC does not guarantee pick up, transportation, or delivery by a stipulated time. F. f. Liability and limitation of damages with respect to Goods tendered to GAC for storage are as follows: 1. i. GAC SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE TO GOODS TENDERED, STORED, OR HANDLED BY GAC, HOWEVER CAUSED, UNLESS SUCH LOSS OR DAMAGE RESULTED FROM THE FAILURE OF GAC TO EXERCISE REASONABLE CARE. GAC IS NOT LIABLE FOR DAMAGES THAT COULD NOT HAVE BEEN AVOIDED BY THE EXERCISE OF REASONABLE CARE. 2ii. GOODS ARE NOT INSURED BY GAC AGAINST LOSS OR DAMAGE, HOWEVER CAUSED (See Section 11, above). 3iii. THE CUSTOMER DECLARES THAT AGGREGATE DAMAGES ARE LIMITED TO $0.50 PER POUND NOT TO EXCEED $50,000 FOR ALL SERVICES PROVIDED OR ARRANGED, PROVIDED, HOWEVER, THAT SUCH LIABILITY MAY AT THE TIME OF ACCEPTANCE OF THIS CONTRACT BE INCREASED UPON CUSTOMER’S WRITTEN REQUEST (AND GAC’S ACCEPTANCE) ON PART OR ALL OF THE GOODS HEREUNDER IN WHICH EVENT AN ADDITIONAL MONTHLY CHARGE WILL BE MADE BASED UPON SUCH INCREASED VALUATION. 4iv. GAC IS NOT LIABLE FOR ANY NON-VISIBLE OR CONCEALED DAMAGES. FURTHER, ANY DAMAGES REPORTED AT THE POINT OF CARGO RECEIPT AT THE GAC WAREHOUSE ARE EXCLUDED FROM ANY GAC LIABILITIES. 5. v. WHERE LOSS OR DAMAGE OCCURS TO TENDERED, STORED, OR HANDLED GOODS, FOR WHICH GAC IS NOT LIABLE, THE CUSTOMER SHALL BE REPONSIBLE FOR THE COST OF REMOVING AND DISPOSING OF SUCH GOODS AND THE COST OF ANY ENVIRONMENTAL CLEAN-UP AND SITE REMEDIATION RESULTING FROM THE LOSS OR INJURY TO THE GOODS. 6vi. GAC SHALL NOT BE LIABLE FOR LOST PROFITS, SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR INDIRECT DAMAGES OF ANY KIND, EVEN IF GAC WAS OR SHOULD HAVE BEEN AWARE OF OR ADVISED ON THE POSSIBILITY OF SUCH DAMAGES. 7vii. CUSTOMER SHALL INDEMNIFY, DEFEND, AND HOLD HARMLESS GAC FROM AND AGAINST ALL CLAIMS, DAMAGES, LOSSES, JUDGMENTS, AND EXPENSES, INCLUDING REASONABLE ATTORNEY’S FEES, TO THE EXTENT CAUSED BY CUSTOMER’S NEGLIGENCE. 8viii. ALL RISK OF LOSS AND DAMAGE TO GOODS FROM ANY CAUSE PRIOR TO RECEIPT BY GAC INTO, AND FROM AND AFTER THE REMOVAL BY COMMON CARRIER FROM, THE INVENTORY AT THE GAC WAREHOUSE SHALL BE BORNE ENTIRELY BY THE CUSTOMER.