Disclaimers Limitations of Liability. (a) Except as specifically set forth herein, Company makes no express or implied warranties in connection with its services; (b) Subject to (c) below, Customer agrees that in connection with any and all services performed by the company, the Company shall only be liable for its negligent acts, which are the direct and proximate cause of any injury to Customer, including loss or damaged to Customer’s goods, and the Company shall in no event be liable for the acts of third parties; (c) In connection with all services performed by the Company, 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 therefore, which request must be confirmed in writing by the Company prior to rendering services for the covered transaction(s). (d) In the absence of additional coverage under (b) above, the Company’s liability shall be limited to the following: (i) where the claim arises from activities other than those relating to customs brokerage, $50.00 per shipment or transaction, or (ii) where the claim arises from activities relating to “Customs business,” $50.00 per entry or the amount of brokerage fees paid to Company for the entry, whichever is less; (e) In no event shall Company be liable or responsible for consequential, indirect, incidental, statutory or punitive damages even if it has been put on notice of the possibility of such damages.
Appears in 1 contract
Sources: Terms and Conditions of Service
Disclaimers Limitations of Liability. (a) a. Except as specifically set forth herein, Company makes no express or implied warranties in connection with its services;.
(b) b. Subject to (cd) below, Customer agrees that in connection with any and all services performed by the companyCompany, the Company shall only be liable for its negligent acts, which are the direct and proximate cause of any injury to Customer, including loss or damaged damage to Customer’s goods, and the Company shall in no event be liable for the acts of third parties;.
(c) c. In connection with all services performed by the Company, 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 therefore, which request must be confirmed in writing by the Company prior to rendering services for the covered transaction(s).
(d) d. In the absence of additional coverage under (bc) above, the Company’s liability shall be limited to the following:
(i) where i. Where the claim arises from activities other than those relating to customs brokeragebusiness, $50.00 per shipment or transaction, or.
(ii) where . Where the claim arises from activities relating to “Customs business,” including importer security filing services or other filings, activities, shipments, or transactions, liability shall be limited to $50.00 per entry or the amount of brokerage fees paid to Company for the entry, whichever is less;.
(e) e. In no event shall Company be liable or responsible for (i) consequential, indirect, incidental, statutory or punitive damages even if it has been put on notice of the possibility of such damages, or for (ii) the acts of third parties.
Appears in 1 contract
Sources: Terms and Conditions of Service