Common use of Exclusions from Liability Clause in Contracts

Exclusions from Liability. Irrespective of the Liability Option selected, Network Agent shall not be liable under any circumstances whatsoever for any of the following: (a) delay; or (b) loss of profit, loss of sales, loss of business, loss of goodwill or reputation, product recall, product liability, third party claims (in each case whether direct or indirect) or for any indirect, exemplary, special, incidental, punitive or speculative or consequential loss of any nature, whether or not foreseeable and whether or not Network Agent has been advised of the possibility of such damages; or (c) Loss caused by or resulting from: (i) shortage or mysterious disappearance of Property said to be included in a Parcel, with seals intact and when the Parcel bears no evidence of having been opened or tampered with; (ii) damage to Property said to be included in a Parcel, when the Parcel bears no visible signs of damage or tampering; (iii) Network Agent acting in accordance with Customer’s instructions; (iv) negligence, wilful misconduct, breach or failure of Customer, its employees and/or agents to comply with or fulfil any obligations, undertakings and/or warranties under the MA‐Contract; (v) fraud and/or dishonesty on the part of Customer, Shipper, Consignee and/or Receiving Party or any of their employees and/or agents, including but not limited to credit card fraud, cheque fraud, collect on delivery fraud and mail fraud; (vi) ordinary leakage, ordinary loss in weight or volume, shrinkage, or ordinary wear and tear; (vii) pre‐existing condition, inherent vice, defect or nature of the Property; (viii) incorrect or insufficient description or valuation of the Property, whereby Network Agent’s liability is reduced or extinguished; or (ix) illegal items or contraband; or (d) Loss caused by or resulting from: (i) ionising radiation from or contamination by radioactivity from any nuclear fuel or from any nuclear waste or from the combustion of nuclear fuel; or (ii) the radioactive, toxic, explosive or other hazardous or contaminating properties of any nuclear installation, reactor or other nuclear assembly or nuclear component thereof; or

Exclusions from Liability. Irrespective of the Liability Option selected, Network Agent shall not be liable under any circumstances whatsoever for any of the following: (a) delay; or (b) loss of profit, loss of sales, loss of business, loss of goodwill or reputation, product recall, product liability, third party claims (in each case whether direct or indirect) or for any indirect, exemplary, special, incidental, punitive or speculative or consequential loss of any nature, whether or not foreseeable and whether or not Network Agent has been advised of the possibility of such damages; or (c) Loss caused by or resulting from: (i) shortage or mysterious disappearance of Property said to be included in a Parcel, with seals intact and when the Parcel bears no evidence of having been opened or tampered with; (ii) damage to Property said to be included in a Parcel, when the Parcel bears no visible signs of damage or tampering; (iii) Network Agent acting in accordance with Customer’s instructions; (iv) negligence, wilful misconduct, breach or failure of Customer, its employees and/or agents to comply with or fulfil any obligations, undertakings and/or warranties under the MA‐Contract; (v) fraud and/or dishonesty on the part of Customer, Shipper, Consignee and/or Receiving Party or any of their employees and/or agents, including but not limited to credit card fraud, cheque fraud, collect on delivery fraud and mail fraud; (vi) ordinary leakage, ordinary loss in weight or volume, shrinkage, or ordinary wear and tear; (vii) pre‐existing condition, inherent vice, defect or nature of the Property; (viii) incorrect or insufficient description or valuation of the Property, whereby Network Agent’s liability is reduced or extinguished; or (ix) illegal items or contraband; or (d) Loss caused by or resulting from: (i) ionising radiation from or contamination by radioactivity from any nuclear fuel or from any nuclear waste or from the combustion of nuclear fuel; or (ii) the radioactive, toxic, explosive or other hazardous or contaminating properties of any nuclear installation, reactor or other nuclear assembly or nuclear component thereof; or (iii) any weapon or device employing atomic or nuclear fission and/or fusion or other like reaction or radioactive force or matter; or (iv) the radioactive, toxic, explosive or other hazardous or contaminating properties of any radioactive matter (the exclusion in this sub‐ clause (iv) does not extend to radioactive isotopes, other than nuclear fuel, when such isotopes are being prepared, carried, stored, or used for commercial, agricultural, medical, scientific or other similar peaceful purposes); or (v) any chemical, biological, bio‐chemical or electromagnetic weapon; or (e) Loss caused by or resulting from a Cyber Attack, meaning use or operation, as a means of inflicting harm, of any computer, computer system, computer software program, malicious code, computer virus or process or any other electronic system; or (f) Loss caused by or resulting from: (i) War, meaning war, invasion, acts of foreign enemies, hostilities (whether war be declared or not), civil war, rebellion, revolution, insurrection, military or usurped power, derelict mines, torpedoes, bombs or other derelict weapons of war; or (ii) Terrorism, meaning any act of terrorism being an act of any person acting on behalf of, or in connection with, any organisation which carries out activities directed towards the overthrowing or influencing, by force or violence, of any government whether or not legally constituted, or any person acting from a political, ideological or religious motive; or (iii) Confiscation, meaning nationalisation, confiscation, seizure, appropriation, expropriation, requisition for title of use or wilful destruction of the Shipment, or portion thereof by, or, under the order of any government (whether civil, military or de facto) and/or public authority; or (g) Loss to (i) items that are not defined as Property (including any packing, watch boxes, shipping materials, certificates and documents); or (ii) fragile articles or fine art (including antiques of every description, clocks, decorative items, photographs, paintings, pictures etchings, drawings, lithographs, rare books and manuscripts, rare stamps, collectible autographs, collectible coins, medals, fabrics, rugs, tapestries, sculpture, ceramics, pottery, statuary, bronzes, porcelains, glassware, marble, bric‐a‐brac antique furniture, video artwork and all other works of art or rarity, historic value or artistic merit of whatsoever nature), unless (1) Network Agent specifically agreed to accept such Property for Services prior to acceptance of the Shipment and (2) additional charges have been paid (for avoidance of doubt, Network Agent is only liable for damage to fragile articles and fine art when the Parcel shows visible signs of damage or tampering).

Exclusions from Liability. Irrespective of the Liability Option selected, Network Agent Malca‐Amit shall not be liable under any circumstances whatsoever for any of the following: a. force majeure (a) delaymeaning any circumstance not within Malca‐Amit’s reasonable control, including but not limited to compliance with any law, order, rule or regulation of any government or public authority, national emergency, riots, civil commotion, imposition of sanctions, piracy, explosion, epidemic, pandemic, lock‐outs, strikes and other industrial disputes); or (b) b. loss of profit, loss of sales, loss of business, loss of goodwill or reputation, product recall, product liability, third party claims (in each case whether direct or indirect) or for any indirect, exemplary, special, incidental, punitive or speculative or consequential loss of any nature, whether or not foreseeable and whether or not Network Agent Malca‐Amit has been advised of the possibility of such damages; or (c) c. Loss caused by or resulting from: (i) shortage or mysterious disappearance of Property said to be included in a Parcel, with seals intact and when the Parcel bears no evidence of having been opened or tampered with; (ii) damage to Property said to be included in a Parcel, when the Parcel bears no visible signs of damage or tampering; (iii) Network Agent Malca‐Amit acting in accordance with Customer’s instructions; (iv) negligence, wilful misconduct, breach or failure of Customer, its employees and/or agents to comply with or fulfil any obligations, undertakings and/or warranties under the MA‐Contract; (v) fraud and/or dishonesty on the part of Customer, Shipper, Consignee Customer and/or Receiving Party or any of their employees and/or agents, including but not limited to credit card fraud, cheque fraud, collect on delivery fraud and mail cheque fraud; (vi) ordinary leakage, ordinary loss in weight or volume, shrinkage, or ordinary wear and tear; (vii) pre‐existing condition, inherent vice, defect or nature of the Property; (viii) incorrect or insufficient description or valuation of the Property, whereby Network Agent’s liability is reduced or extinguished; or (ix) illegal items or contraband; or (d) d. Loss caused by or resulting from: (i) ionising radiation from or contamination by radioactivity from any nuclear fuel or from any nuclear waste or from the combustion of nuclear fuel; or (ii) the radioactive, toxic, explosive or other hazardous or contaminating properties of any nuclear installation, reactor or other nuclear assembly or nuclear component thereof; or (iii) any weapon or device employing atomic or nuclear fission and/or fusion or other like reaction or radioactive force or matter; or (iv) the radioactive, toxic, explosive or other hazardous or contaminating properties of any radioactive matter (the exclusion in this sub‐clause (iv) does not extend to radioactive isotopes, other than nuclear fuel, when such isotopes are being prepared, carried, stored, or used for commercial, agricultural, medical, scientific or other similar peaceful purposes); or (v) any chemical, biological, bio‐chemical or electromagnetic weapon; or e. Loss caused by or resulting from a Cyber Attack, meaning use or operation, as a means of inflicting harm, of any computer, computer system, computer software program, malicious code, computer virus or process or any other electronic system; or f. Loss caused by or resulting from: (i) War, meaning war, invasion, acts of foreign enemies, hostilities (whether war be declared or not), civil war, rebellion, revolution, insurrection, military or usurped power, derelict mines, torpedoes, bombs or other derelict weapons of war; or (ii) Terrorism, meaning any act of terrorism being an act of any person acting on behalf of, or in connection with, any organisation which carries out activities directed towards the overthrowing or influencing, by force or violence, of any government whether or not legally constituted, or any person acting from a political, ideological or religious motive; or (iii) Confiscation, meaning nationalisation, confiscation, seizure, appropriation, expropriation, requisition for title of use or wilful destruction of the Property, or portion thereof by, or under the order of, any government (whether civil, military or de facto) and/or public authority; or g. Loss to items that are not defined as Property (including any packing materials and documents). Notwithstanding the foregoing, watch boxes that accompany watches and certificates that accompany diamonds are deemed to form part of the Property.