Common use of Exclusions of liability Clause in Contracts

Exclusions of liability. 11.1 In respect of Limited Liability, we will not be liable for loss of or damage to your goods as a result of fire or explosion howsoever that fire or explosion was caused, war, invasion, acts of foreign enemies, hostilities (whether war is declared or not), civil war, terrorism, rebellion and/or military coup, Act of God, industrial action or other such events outside our reasonable control unless we have been negligent or in breach of contract. 11.2 In respect of Standard Liability and Limited Liability, other than as a result of our negligence or breach of contract we will not be liable for any loss of, damage to, or failure to produce the following goods :- 11.2.1 Bonds, Securities, Stamps of all kinds, Manuscripts or other Documents or Electronically held Data Records, Mobile Telephones 11.2.2 Plants or goods likely to encourage vermin or other pests or to cause infestation or contamination. 11.2.3 Perishable items and/or those requiring a controlled environment. 11.2.4 Furs exceeding £100 in value, Jewellery, Watches, Precious Stones and Metals, Money, Coins, Deeds. 11.2.5 Any animals, birds or fish. 11.2.6 Loss of structural integrity of furniture constructed of particle board resulting from crumbling of the board. 11.3 In respect of Standard Liability and Limited Liability, other than as a result of our negligence or breach of contract we will not be liable for any loss of, damage to, or failure to produce the goods if caused by any of the following circumstances:- 11.3.1 Loss or damage arising from ionising radiations or radioactive contamination 11.3.2 Loss or damage arising from Chemical, Biological, Bio-chemical, Electromagnetic Weapons and Cyber Attack 11.3.3 Indirect or consequential loss of any kind or description 11.3.4 By normal wear and tear, natural or gradual deterioration, leakage or evaporation or from perishable or unstable goods. This includes goods left within furniture or appliances. 11.3.5 By vermin, moth, insects and similar infestation, damp, mould, mildew or rust 11.3.6 By cleaning, repairing or restoring unless we arranged for the work to be carried out. 11.3.7 By change to atmospheric or climatic conditions. 11.3.8 For any goods in wardrobes, drawers or appliances, or in a package, bundle, carton, case or other container not both packed and unpacked by us. 11.3.9 Loss of or damage to china, glassware and fragile items unless they have been both professionally packed and unpacked by us or our Subcontractor. In the event of an accident involving an owner packed container where damage would have occurred irrespective of the quality of the packing, then our liability is limited to £40 or its actual value whichever is less. 11.

Appears in 4 contracts

Sources: Terms and Conditions, Terms and Conditions, Terms and Conditions

Exclusions of liability. 11.1 In respect of Limited Liability, we will 10.1 We shall not be liable for loss of or damage caused by fire or explosion, unless we have been negligent or in breach of contract. It is Your responsibility to your goods insure Your Goods. If You ask Us in writing to arrange insurance cover for You We will, provided You declare the full replacement value of Your Goods and pay the premium in advance. 10.2 We shall not be liable for delays or failures to provide the services under this Agreement as a result of fire or explosion howsoever that fire or explosion was caused, war, invasion, acts of foreign enemies, hostilities (whether war is declared or not), civil war, terrorism, rebellion and/or military coup, Act of God, adverse weather, third party industrial action action, re-scheduled sailing, departure or arrival times, port congestion, or other such events outside our reasonable control unless we have been negligent or in breach of contractcontrol. 11.2 In respect of Standard Liability and Limited Liability, other 10.3 Other than as a result of our Our negligence or breach of contract we We will not be liable for any loss ofloss, damage to, or failure to produce the following goods :- 11.2.1 Bonds, Securities, Stamps of all kinds, Manuscripts or other Documents or Electronically held Data Records, Mobile Telephones 11.2.2 Plants or goods likely to encourage vermin or other pests or to cause infestation or contamination. 11.2.3 Perishable items and/or those requiring a controlled environment. 11.2.4 Furs exceeding £100 in value, Jewellery, Watches, Precious Stones and Metals, Money, Coins, Deeds. 11.2.5 Any animals, birds or fish. 11.2.6 Loss of structural integrity of furniture constructed of particle board resulting from crumbling of the board. 11.3 In respect of Standard Liability and Limited Liability, other than as a result of our negligence or breach of contract we will not be liable for any loss of, damage to, or failure to produce the goods if caused by any of the following circumstances:-as a result of: 11.3.1 Loss or damage arising from ionising radiations or radioactive contamination 11.3.2 Loss or damage arising from Chemical, Biological, Bio-chemical, Electromagnetic Weapons and Cyber Attack 11.3.3 Indirect or consequential loss of any kind or description 11.3.4 By normal 10.3.1 Normal wear and tear, natural or gradual deterioration, leakage or evaporation or from perishable or unstable goods. This includes goods left within furniture or appliances. 11.3.5 By vermin, moth, insects and 10.3.2 Moth or vermin or similar infestation, damp, mould, mildew or rust. 11.3.6 By cleaning10.3.3 Cleaning, repairing or restoring unless we We arranged for the work to be carried out. 11.3.7 By change 10.3.4 Changes caused by atmospheric conditions such as dampness, mould, mildew, rusting, tarnishing, corrosion, or gradual deterioration unless directly linked to atmospheric or climatic conditions.ingress of water. OR 11.3.8 10.3.5 For any goods in wardrobes, drawers or appliances, or in a package, bundle, carton, case or other container not both packed and unpacked by usUs. 11.3.9 10.3.6 For electrical or mechanical derangement to any appliance, instrument, clock, computer or other equipment unless there is evidence of related external damage. 10.3.7 For any goods which have a pre-existing defect or are inherently defective. 10.3.8 For perishable items and/or those requiring a controlled environment. 10.3.9 Loss of structural integrity of furniture constructed of particle board resulting from crumbling of the board. 10.3.10 For items referred to in Clause 4. 10.4 No employee of Ours shall be separately liable to you for any loss, damage, mis-delivery, errors or omissions under the terms of this Agreement. 10.5 Where goods are handed out from store Our liability will cease upon handing over the goods to You or Your authorised representative (see Clause 11.1 below). 10.6 We will not be liable for any loss or damage to chinacaused by Us or Our employees or agents in circumstances where: (a) there is no breach of this Agreement by Us or by any of Our employees or agents, glassware and fragile items unless they have been both professionally packed and unpacked by us (b) such loss or our Subcontractor. In the event damage is not a reasonably foreseeable result of an accident involving an owner packed container where damage would have occurred irrespective of the quality of the packing, then our liability is limited to £40 or its actual value whichever is less. 11any such breach.

Appears in 2 contracts

Sources: Uk to Europe Removals Terms and Conditions, Moving Services Agreement

Exclusions of liability. 11.1 In respect of Limited Liability, we will not be liable for loss of or damage to your goods as a result of fire or explosion howsoever that fire or explosion was caused, war, invasion, acts of foreign enemies, hostilities (whether war is declared or not), civil war, terrorism, rebellion and/or military coup, Act of God, industrial action or other such events outside our reasonable control unless we have been negligent or in breach of contract. 11.2 In respect of Standard Liability and Limited Liability, other than as a result of our negligence or breach of contract we will not be liable for any loss of, damage to, or failure to produce the following goods :- 11.2.1 Bonds, Securities, Stamps of all kinds, Manuscripts or other Documents or Electronically held Data Records, Mobile Telephones 11.2.2 Plants or goods likely to encourage vermin or other pests or to cause infestation or contamination. 11.2.3 Perishable items and/or those requiring a controlled environment. 11.2.4 Furs exceeding £100 in value, Jewellery, Watches, Precious Stones and Metals, Money, Coins, Deeds. 11.2.5 Any animals, birds or fish. 11.2.6 Loss of structural integrity of furniture constructed of particle board resulting from crumbling of the board. 11.3 In respect of Standard Liability and Limited Liability, other than as a result of our negligence or breach of contract we will not be liable for any loss of, damage to, or failure to produce the goods if caused by any of the following circumstances:- 11.3.1 By war, invasion, acts of foreign enemies, hostilities (whether war is declared or not), civil war, terrorism, rebellion and/or military coup, Act of God, industrial action or other such events outside our reasonable control. 11.3.2 Loss or damage arising from ionising radiations or radioactive contamination 11.3.2 11.3.3 Loss or damage arising from Chemical, Biological, Bio-chemical, Electromagnetic Weapons and Cyber Attack 11.3.3 11.3.4 Indirect or consequential loss of any kind or description 11.3.4 11.3.5 By normal wear and tear, natural or gradual deterioration, leakage or evaporation or from perishable or unstable goods. This includes goods left within furniture or appliances. 11.3.5 11.3.6 By vermin, moth, insects and similar infestation, damp, mould, mildew or rust 11.3.6 11.3.7 By cleaning, repairing or restoring unless we arranged for the work to be carried out. 11.3.7 11.3.8 By change to atmospheric or climatic conditions. 11.3.8 11.3.9 For any goods in wardrobes, drawers or appliances, or in a package, bundle, carton, case or other container not both packed and unpacked by us. 11.3.9 11.3.10 Loss of or damage to china, glassware and fragile items unless they have been both professionally packed and unpacked by us or our Subcontractor. In the event of an accident involving an owner packed container where damage would have occurred irrespective of the quality of the packing, then our liability is limited to £40 100 or its actual value whichever is less. 11.3.11 For electrical or mechanical derangement to any appliance, instrument, clock, computer or other equipment unless there is evidence of related external damage. 11.3.12 Loss or damage of motor vehicles caused by scratching, denting and marring unless you obtain from us a pre-collection condition report. 11.3.13 Loss or damage to a vehicle whilst being driven or for the purpose of being driven under its own power other than for the purpose of loading onto or unloading from the carrying conveyance or container. 11Loss or damage sustained by accessories and removable items unless lost with the vehicle 11.3.14 For any goods which have a pre-existing defect or are inherently defective. 11.4 No employee of ours shall be separately liable to you for any loss, damage, misdelivery, errors or omissions under the terms of this Agreement. 11.5 Our liability will cease upon handing over goods from our warehouse or upon completion of delivery (see Clause 12.2 below).

Appears in 2 contracts

Sources: Terms and Conditions, Terms and Conditions

Exclusions of liability. 11.1 In respect of Limited Liability, we will not be liable for loss of or damage to your Your goods as a result of fire or explosion howsoever that fire or explosion was caused, war, invasion, acts of foreign enemies, hostilities (whether war is declared or not), civil war, terrorism, rebellion and/or military coup, Act of God, industrial action or other such events outside our reasonable control unless we have been negligent or in breach of contract. 11.2 In respect of Standard Liability and Limited Liability, other than as a result of our negligence Unless we are negligent or in breach of contract (in which case our liability will be limited under either Standard or Limited Liability as set out in Clause 9) we will not be liable for any loss of, damage to, or failure to produce the following goods :goods: - 11.2.1 Bonds, Securities, Stamps of all kinds, Manuscripts or other Documents or Electronically held Data Records, Mobile Telephones 11.2.2 Plants or goods likely to encourage moth vermin or other pests or to cause infestation or contamination. 11.2.3 Perishable items and/or those requiring a controlled environment. 11.2.4 Furs exceeding £100 in value, Jewellery, Watches, Precious Stones and Metals, Money, Coins, Deeds. 11.2.5 Any animals, birds or fish. 11.2.6 Loss of structural integrity of furniture constructed of particle board resulting from crumbling of the board. 11.3 In respect of Standard Liability and Limited Liability, other than as a result of our negligence or breach of contract we will not be liable for any loss of, damage to, or failure to produce the goods if caused by any of the following circumstances:- 11.3.1 We shall not be liable for delays or failures to provide the services under this Agreement as a result of war, invasion, acts of foreign enemies, hostilities (whether war is declared or not), civil war, terrorism, rebellion and/or military coup, Act of God, adverse weather, third party industrial action, re-scheduled sailing, departure or arrival times, port congestion, or other such events outside our reasonable control. 11.3.2 Loss or damage arising from ionising radiations or radioactive contamination. 11.3.2 11.3.3 Loss or damage arising from Chemical, Biological, Bio-chemical, Electromagnetic Weapons and Cyber Attack. 11.3.3 Indirect 11.3.4 We will not be liable for any loss or consequential damage caused by Us or Our employees or agents in circumstances where: (a) there is no breach of this Agreement by Us or by any of Our employees or agents (b) such loss or damage is not a reasonably foreseeable result of any kind or descriptionsuch breach. 11.3.4 11.3.5 By normal wear and tear, natural or gradual deterioration, leakage or evaporation or from perishable or unstable goods. This includes goods left within furniture or appliances. 11.3.5 11.3.6 By vermin, moth, insects and similar infestation, damp, mould, mildew or rust. 11.3.6 11.3.7 By cleaning, repairing or restoring unless we arranged for the work to be carried out. 11.3.7 By change 11.3.8 Changes to atmospheric conditions which results in mould, mildew, rusting, tarnishing, corrosion, or climatic conditionsgradual deterioration unless directly linked to ingress of water caused by Our negligence or breach of contract. 11.3.8 11.3.9 For any goods in wardrobes, drawers or appliances, or in a package, bundle, carton, case or other container not both packed and unpacked by us. 11.3.9 11.3.10 Loss of or damage to china, glassware and fragile items unless they have been both professionally packed and unpacked by us Us or our Subcontractor. In the event of an accident involving an owner packed container where damage would have occurred irrespective of the quality of the packing, then our Our maximum liability is limited to £40 100 for the entire contents of the box or its the actual value of the damaged items (taking into account the items age and condition at the time of loss or damage) whichever is less. 11.3.11 For electrical or mechanical derangement to any appliance, instrument, clock, computer or other equipment unless there is evidence of related external damage. 11.3.12 Loss or damage of motor vehicles caused by scratching, denting and marring unless You obtain from us a pre-collection condition report. 11.3.13 Loss or damage to a vehicle whilst being driven or for the purpose of being driven under its own power other than for the purpose of loading onto or unloading from the carrying conveyance or container. 11Loss or damage sustained by accessories and removable items unless lost with the vehicle 11.3.14 For any goods which have a pre-existing defect or are inherently defective. 11.4 No employee of Ours shall be separately liable to You for any loss, damage, mis-delivery, errors or omissions under the terms of this Agreement. 11.5 Our liability will cease upon handing over goods from our warehouse or upon completion of delivery (see Clause 12.1 below).

Appears in 2 contracts

Sources: Terms and Conditions, Terms and Conditions

Exclusions of liability. 11.1 In respect of Limited Liability, we will 10.1 We shall not be liable for loss of or damage caused by fire or explosion, unless we have been negligent or in breach of contract. It is Your responsibility to your goods insure Your Goods. If You ask Us in writing to arrange insurance cover for You We will, provided You declare the full replacement value of Your Goods and pay the premium in advance. 10.2 We shall not be liable for delays or failures to provide the services under this Agreement as a result of fire or explosion howsoever that fire or explosion was caused, war, invasion, acts of foreign enemies, hostilities (whether war is declared or not), civil war, terrorism, rebellion and/or military coup, Act of God, adverse weather, third party industrial action action, re-scheduled sailing, departure or arrival times, port congestion, or other such events outside our reasonable control unless we have been negligent or in breach of contractcontrol. 11.2 In respect of Standard Liability and Limited Liability, other 10.3 Other than as a result of our Our negligence or breach of contract we We will not be liable for any loss ofloss, damage to, or failure to produce the following goods :- 11.2.1 Bonds, Securities, Stamps of all kinds, Manuscripts or other Documents or Electronically held Data Records, Mobile Telephones 11.2.2 Plants or goods likely to encourage vermin or other pests or to cause infestation or contamination. 11.2.3 Perishable items and/or those requiring a controlled environment. 11.2.4 Furs exceeding £100 in value, Jewellery, Watches, Precious Stones and Metals, Money, Coins, Deeds. 11.2.5 Any animals, birds or fish. 11.2.6 Loss of structural integrity of furniture constructed of particle board resulting from crumbling of the board. 11.3 In respect of Standard Liability and Limited Liability, other than as a result of our negligence or breach of contract we will not be liable for any loss of, damage to, or failure to produce the goods if caused by any of the following circumstances:-as a result of: 11.3.1 Loss or damage arising from ionising radiations or radioactive contamination 11.3.2 Loss or damage arising from Chemical, Biological, Bio-chemical, Electromagnetic Weapons and Cyber Attack 11.3.3 Indirect or consequential loss of any kind or description 11.3.4 By normal 10.3.1 Normal wear and tear, natural or gradual deterioration, leakage or evaporation or from perishable or unstable goods. This includes goods left within furniture or appliances. 11.3.5 By vermin, moth, insects and 10.3.2 Moth or vermin or similar infestation, damp, mould, mildew or rust. 11.3.6 By cleaning10.3.3 Cleaning, repairing or restoring unless we We arranged for the work to be carried out. 11.3.7 By change 10.3.4 Changes caused by atmospheric conditions such as dampness, mould, mildew, rusting, tarnishing, corrosion, or gradual deterioration unless directly linked to atmospheric or climatic conditions.ingress of water. OR 11.3.8 10.3.5 For any goods in wardrobes, drawers or appliances, or in a package, bundle, carton, case or other container not both packed and unpacked by usUs. 11.3.9 10.3.6 For electrical or mechanical derangement to any appliance, instrument, clock, computer or other equipment unless there is evidence of related external damage. 10.3.7 For any goods which have a pre-existing defect or are inherently defective. 10.3.8 For perishable items and/or those requiring a controlled environment. 10.3.9 Loss of structural integrity of furniture constructed of particle board resulting from crumbling of the board. 10.3.10 For items referred to in Clause 4. 10.4 No employee of Ours shall be separately liable to you for any loss, damage, mis-delivery, errors or omissions under the terms of this Agreement. 10.5 Where goods are handed out from store Our liability will cease upon handing over the goods to You or Your authorised representative (see Clause 11.1 below). 10.6 We will not be liable for any loss or damage to china, glassware and fragile items unless they have been both professionally packed and unpacked caused by us Us or our Subcontractor. In the event Our employees or agents in circumstances where: (a) there is no breach of an accident involving an owner packed container where this Agreement by Us or by any of Our employees or agents (b) such loss or damage would have occurred irrespective is not a reasonably foreseeable result of the quality of the packing, then our liability is limited to £40 or its actual value whichever is less. 11any such breach.

Appears in 2 contracts

Sources: Terms and Conditions, Terms and Conditions

Exclusions of liability. 11.1 In respect of Limited Liability, we will 10.1 We shall not be liable for loss of or damage caused by fire or explosion, unless we have been negligent or in breach of contract. It is Your responsibility to your goods insure Your Goods. If You ask Us in writing to arrange insurance cover for You We will, provided You declare the full replacement value of Your Goods and pay the premium in advance. 10.2 We shall not be liable for delays or failures to provide the services under this Agreement as a result of fire or explosion howsoever that fire or explosion was caused, war, invasion, acts of foreign enemies, hostilities (whether war is declared or not), civil war, terrorism, rebellion and/or military coup, Act of God, adverse weather, third party industrial action action, re-scheduled sailing, departure or arrival times, port congestion, or other such events outside our reasonable control unless we have been negligent or in breach of contractcontrol. 11.2 In respect of Standard Liability and Limited Liability, other 10.3 Other than as a result of our Our negligence or breach of contract we We will not be liable for any loss ofloss, damage to, or failure to produce the following goods :- 11.2.1 Bonds, Securities, Stamps of all kinds, Manuscripts or other Documents or Electronically held Data Records, Mobile Telephones 11.2.2 Plants or goods likely to encourage vermin or other pests or to cause infestation or contamination. 11.2.3 Perishable items and/or those requiring a controlled environment. 11.2.4 Furs exceeding £100 in value, Jewellery, Watches, Precious Stones and Metals, Money, Coins, Deeds. 11.2.5 Any animals, birds or fish. 11.2.6 Loss of structural integrity of furniture constructed of particle board resulting from crumbling of the board. 11.3 In respect of Standard Liability and Limited Liability, other than as a result of our negligence or breach of contract we will not be liable for any loss of, damage to, or failure to produce the goods if caused by any of the following circumstances:-as a result of: 11.3.1 Loss or damage arising from ionising radiations or radioactive contamination 11.3.2 Loss or damage arising from Chemical, Biological, Bio-chemical, Electromagnetic Weapons and Cyber Attack 11.3.3 Indirect or consequential loss of any kind or description 11.3.4 By normal 10.3.1 Normal wear and tear, natural or gradual deterioration, leakage or evaporation or from perishable or unstable goods. This includes goods left within furniture or appliances. 11.3.5 By vermin, moth, insects and 10.3.2 Moth or vermin or similar infestation, damp, mould, mildew or rust. 11.3.6 By cleaning10.3.3 Cleaning, repairing or restoring unless we We arranged for the work to be carried out. 11.3.7 By change 10.3.4 Changes caused by atmospheric conditions such as dampness, mould, mildew, rusting, tarnishing, corrosion, or gradual deterioration unless directly linked to atmospheric or climatic conditions.ingress of water. OR 11.3.8 10.3.5 For any goods in wardrobes, drawers or appliances, or in a package, bundle, carton, case or other container not both packed and unpacked by usUs. 11.3.9 10.3.6 For electrical or mechanical derangement to any appliance, instrument, clock, computer or other equipment unless there is evidence of related external damage. 10.3.7 For any goods which have a pre-existing defect or are inherently defective. 10.3.8 For perishable items and/or those requiring a controlled environment. 10.3.9 Loss of structural integrity of furniture constructed of particle board resulting from crumbling of the board. 10.3.10 For items referred to in Clause 4. 10.4 No employee of Ours shall be separately liable to you for any loss, damage, misdelivery, errors or omissions under the terms of this Agreement. 10.5 Where goods are handed out from store Our liability will cease upon handing over the goods to You or Your authorised representative (see Clause 11.1 below). 10.6 We will not be liable for any loss or damage to china, glassware and fragile items unless they have been both professionally packed and unpacked caused by us Us or our Subcontractor. In the event Our employees or agents in circumstances where: (a) there is no breach of an accident involving an owner packed container where this Agreement by Us or by any of Our employees or agents (b) such loss or damage would have occurred irrespective is not a reasonably foreseeable result of the quality of the packing, then our liability is limited to £40 or its actual value whichever is less. 11any such breach.

Appears in 2 contracts

Sources: British Association of Removers Model Terms & Conditions, British Association of Removers Model Terms & Conditions

Exclusions of liability. 11.1 In respect of Limited Liability, we will not be liable for loss of or damage to your goods as a result of fire or explosion howsoever that fire or explosion was caused, war, invasion, acts of foreign enemies, hostilities (whether war is declared or not), civil war, terrorism, rebellion and/or military coup, Act of God, industrial action or other such events outside our reasonable control unless we have been negligent or in breach of contract. 11.2 In respect of Standard Liability and Limited Liability, other than as a result of our negligence or breach of contract we will not be liable for any loss of, damage to, or failure to produce the following goods :- 11.2.1 Bonds, Securities, Stamps of all kinds, Manuscripts or other Documents or Electronically held Data Records, Mobile Telephones 11.2.2 Plants or goods likely to encourage vermin or other pests or to cause infestation or contamination. 11.2.3 Perishable items and/or those requiring a controlled environment. 11.2.4 Furs exceeding £100 in value, Jewellery, Watches, Precious Stones and Metals, Money, Coins, Deeds. 11.2.5 Any animals, birds or fish. 11.2.6 Loss Kit built or system built furniture unless dismantled prior to removal and in no case for loss of structural integrity of furniture constructed of particle board resulting from crumbling of the boardquality upon reassembly. 11.3 In respect of Standard Liability and Limited Liability, other than as a result of our negligence or breach of contract we will not be liable for any loss of, damage to, or failure to produce the goods if caused by any of the following circumstances:- 11.3.1 By war, invasion, acts of foreign enemies, hostilities (whether war is declared or not), civil war, terrorism, rebellion and/or military coup, Act of God, industrial action or other such events outside our reasonable control. 11.3.2 Loss or damage arising from ionising radiations or radioactive contamination 11.3.2 11.3.3 Loss or damage arising from Chemical, Biological, Bio-chemical, Electromagnetic Weapons and Cyber Attack 11.3.3 11.3.4 Indirect or consequential loss of any kind or description 11.3.4 11.3.5 By normal wear and tear, natural or gradual deterioration, leakage or evaporation or from perishable or unstable goods. This includes goods left within furniture or appliances. 11.3.5 By . by vermin, moth, insects and similar infestation, damp, mould, mildew or rust 11.3.6 By cleaning, repairing or restoring unless we arranged for the work to be carried out. 11.3.7 By change to atmospheric or climatic conditions. 11.3.8 For any goods in wardrobes, drawers or appliances, or in a package, bundle, carton, case or other container not both packed and unpacked by us. 11.3.9 Loss of or damage to china, glassware and fragile items unless they have been both professionally packed and unpacked by the us or our Subcontractor. In the event of an accident involving an owner packed container where damage would have occurred irrespective of the quality of the packing, then our liability is limited to £40 100 or its actual value whichever is less. 11.3.10 For electrical or mechanical derangement to any appliance, instrument, clock, computer or other equipment unless there is evidence of related external damage. 11.3.11 Loss or damage of motor vehicles caused by scratching, denting and marring unless you obtain from us a pre-collection condition report. 11.3.12 Loss or damage to a vehicle whilst being driven or for the purpose of being driven under its own power other than for the purpose of loading onto or unloading from the carrying conveyance or container. 11Loss or damage sustained by accessories and removable items unless lost with the vehicle 11.3.13 For any goods which have a pre-existing defect or are inherently defective. 11.3.14 Mysterious disappearance of customers goods in transit or in store unless evidence can be provided to prove beyond all reasonable doubt that the loss is solely attributable to the dishonesty or connivance of our employees 11.4 No employee of ours shall be separately liable to you for any loss, damage, mis- delivery, errors or omissions under the terms of this Agreement. 11.5 Our liability will cease upon handing over goods from our warehouse or upon completion of delivery (see Clause 12.2 below). 11.6 Mysterious disappearance of customers goods in transit or in store unless evidence can be provided to prove beyond all reasonable doubt that the loss is solely attributable to the dishonesty or connivance of our employees. 12.1 For goods which we deliver, you must notify us in writing of any visible loss, damage or failure to produce any goods at the time of delivery. 12.2 If you or your agent collect the goods, you must notify us in writing of any loss or damage at the time the goods are handed to you or your agent. 12.3 Notwithstanding clauses 9, 10 and 11 we will not be liable for any loss of or damage to the goods unless a claim is notified to us, or to our agent or the company carrying out the collection or delivery of the goods on our behalf, in writing as soon as such loss or damage is discovered (or with reasonable diligence ought to have been discovered) and in any event within seven (7) days of delivery of the goods by us. 12.4 The time limit for notifying us of your claim may be extended upon receipt of your written request provided such request is received within seven (7) days of delivery. Consent to such a request will not be unreasonably withheld. 13.1 Other than by reason of our negligence or breach of contract, we will not be liable for delays in transit. 13.2 If through no fault of ours we are unable to deliver your goods, we will take them into store. The Agreement will then be fulfilled and any additional service(s), including storage and delivery, will be at your expense. 13.3 If through no fault of ours we have to wait to gain access to the uplift or delivery addresses for 1 hour or more we will charge an additional £35.00 per hour or part thereof until access is so gained.

Appears in 1 contract

Sources: Terms and Conditions

Exclusions of liability. 11.1 In respect of Limited Liability, we will not be liable for loss of or damage to your Your goods as a result of fire or explosion howsoever that fire or explosion was caused, war, invasion, acts of foreign enemies, hostilities (whether war is declared or not), civil war, terrorism, rebellion and/or military coup, Act of God, industrial action or other such events outside our reasonable control unless we have been negligent or in breach of contract. 11.2 In respect of Standard Liability and Limited Liability, other than as a result of our negligence Unless we are negligent or in breach of contract (in which case our liability will be limited under either Standard or Limited Liability as set out in Clause 9) we will not be liable for any loss of, damage to, or failure to produce the following goods :goods: - 11.2.1 Bonds, Securities, Stamps of all kinds, Manuscripts or other Documents or Electronically held Data Records, Mobile Telephones 11.2.2 Plants or goods likely to encourage moth vermin or other pests or to cause infestation or contamination. 11.2.3 Perishable items and/or those requiring a controlled environment. 11.2.4 Loss of structural integrity of furniture constructed of particle board resulting from crumbling of the board. 11.2.5 Furs exceeding £100 in value, Jewellery, Watches, Precious Stones and Metals, Money, Coins, Deeds, Mobile Telephones, Portable Media and Computing Devices. 11.2.5 11.2.6 Any animals, birds or fish. 11.2.6 Loss of structural integrity of furniture constructed of particle board resulting from crumbling of the board. 11.3 In respect of Standard Liability and Limited Liability, other than as a result of our negligence or breach of contract we will not be liable for any loss of, damage to, or failure to produce the goods if caused by any of the following circumstances:- 11.3.1 We shall not be liable for delays or failures to provide the services under this Agreement as a result of war, invasion, acts of foreign enemies, hostilities (whether war is declared or not), civil war, terrorism, rebellion and/or military coup, Act of God, adverse weather, third party industrial action, rescheduled sailing, departure or arrival times, port congestion, or other such events outside our reasonable control. 11.3.2 Loss or damage arising from ionising radiations or radioactive contamination. 11.3.2 11.3.3 Loss or damage arising from Chemical, Biological, Bio-chemical, Electromagnetic Weapons and Cyber Attack. 11.3.3 Indirect 11.3.4 We will not be liable for any loss or consequential damage caused by Us or Our employees or agents in circumstances where: (a) there is no breach of this Agreement by Us or by any of Our employees or agents (b) such loss or damage is not a reasonably foreseeable result of any kind or descriptionsuch breach. 11.3.4 11.3.5 By normal wear and tear, natural or gradual deterioration, leakage or evaporation or from perishable or unstable goods. This includes goods left within furniture or appliances. 11.3.5 11.3.6 By vermin, moth, insects and similar infestation, damp, mould, mildew or rust. 11.3.6 11.3.7 By cleaning, repairing or restoring unless we arranged for the work to be carried out. 11.3.7 By change 11.3.8 Changes to atmospheric conditions which results in mould, mildew, rusting, tarnishing, corrosion, or climatic conditionsgradual deterioration unless directly linked to ingress of water caused by Our negligence or breach of contract. 11.3.8 11.3.9 For any goods in wardrobes, drawers or appliances, or in a package, bundle, carton, case or other container not both packed and unpacked by us. 11.3.9 11.3.10 Loss of or damage to china, glassware and fragile items unless they have been both professionally packed and unpacked by us Us or our Subcontractor. In the event of an accident involving an owner packed container where damage would have occurred irrespective of the quality of the packing, then our Our maximum liability is limited to £40 100 for the entire contents of the box or its the actual value of the damaged items (taking into account the items age and condition at the time of loss or damage) whichever is less. 11.3.11 For electrical or mechanical derangement to any appliance, instrument, clock, computer or other equipment unless there is evidence of related external damage. 11.3.12 Loss or damage of motor vehicles caused by scratching, denting and marring unless You obtain from us a pre-collection condition report. 11.3.13 Loss or damage to a vehicle whilst being driven, or for the purpose of being driven under its own power other than for the purpose of loading onto or unloading from the carrying conveyance or container. 11Loss or damage sustained by accessories and removable items unless lost with the vehicle 11.3.14 For any goods which have a pre-existing defect or are inherently defective. 11.4 No employee of Ours shall be separately liable to You for any loss, damage, misdelivery, errors or omissions under the terms of this Agreement. 11.5 Our liability will cease upon handing over goods from our warehouse or upon completion of delivery (see Clause 12.1 below).

Appears in 1 contract

Sources: Terms and Conditions

Exclusions of liability. 11.1 In respect of Limited Liability, we will not be liable for loss of or damage to your goods as a result of fire or explosion howsoever that fire or explosion was caused, war, invasion, acts of foreign enemies, hostilities (whether war is declared or not), civil war, terrorism, rebellion and/or military coup, Act of God, industrial action or other such events outside our reasonable control unless we have been negligent or in breach of contract. 11.2 In respect of Standard Liability and Limited Liability, other than as a result of our negligence or breach of contract we will not be liable for any loss of, damage to, or failure to produce the following goods :- 11.2.1 Bonds, Securities, Stamps of all kinds, Manuscripts or other Documents or Electronically held Data Records, Mobile Telephones 11.2.2 Plants or goods likely to encourage vermin or other pests or to cause infestation or contamination. 11.2.3 Perishable items and/or those requiring a controlled environment. 11.2.4 Furs exceeding £100 in value, Jewellery, Watches, Precious Stones and Metals, Money, Coins, Deeds. 11.2.5 Any animals, birds or fish. 11.2.6 Loss Kit built or system built furniture unless dismantled prior to removal and in no case for loss of structural integrity of furniture constructed of particle board resulting from crumbling of the boardquality upon reassembly. 11.3 In respect of Standard Liability and Limited Liability, other than as a result of our negligence or breach of contract we will not be liable for any loss of, damage to, or failure to produce the goods if caused by any of the following circumstances:- 11.3.1 By war, invasion, acts of foreign enemies, hostilities (whether war is declared or not), civil war, terrorism, rebellion and/or military coup, Act of God, industrial action or other such events outside our reasonable control. 11.3.2 Loss or damage arising from ionising ionizing radiations or radioactive contamination 11.3.2 11.3.3 Loss or damage arising from Chemical, Biological, Bio-chemical, Electromagnetic Weapons and Cyber Attack 11.3.3 11.3.4 Indirect or consequential loss of any kind or description 11.3.4 11.3.5 By normal wear and tear, natural or gradual deterioration, leakage or evaporation or from perishable or unstable goods. This includes goods left within furniture or appliances. 11.3.5 By . by vermin, moth, insects and similar infestation, damp, mould, mildew or rust 11.3.6 By cleaning, repairing or restoring unless we arranged for the work to be carried out. 11.3.7 By change to atmospheric or climatic conditions. 11.3.8 For any goods in wardrobes, drawers or appliances, or in a package, bundle, carton, case or other container not both packed and unpacked by us. 11.3.9 Loss of or damage to china, glassware and fragile items unless they have been both professionally packed and unpacked by the us or our Subcontractor. In the event of an accident involving an owner packed container where damage would have occurred irrespective of the quality of the packing, then our liability is limited to £40 100 or its actual value whichever is less. 11. 11.3.10 For electrical or mechanical derangement to any appliance, instrument, clock, computer or other equipment unless there is evidence of related external damage.

Appears in 1 contract

Sources: Removal Agreement

Exclusions of liability. 11.1 In respect of Limited Liability, we will 10.1 We shall not be liable for loss of or damage caused by fire or explosion, unless we have been negligent or in breach of contract. It is Your responsibility to your goods insure Your Goods. If You ask Us in writing to arrange fire insurance cover for You We will, provided You declare the full replacement value of Your Goods and pay the premium in advance. 10.2 We shall not be liable for delays or failures to provide the services under this Agreement as a result of fire or explosion howsoever that fire or explosion was caused, war, invasion, acts of foreign enemies, hostilities (whether war is declared or not), civil war, terrorism, rebellion and/or military coup, Act of God, adverse weather, third party industrial action action, re-scheduled sailing, departure or arrival times, port congestion, or other such events outside our reasonable control unless we have been negligent or in breach of contractcontrol. 11.2 In respect of Standard Liability and Limited Liability, other 10.3 Other than as a result of our Our negligence or breach of contract we We will not be liable for any loss ofloss, damage to, or failure to produce the following goods :- 11.2.1 Bonds, Securities, Stamps of all kinds, Manuscripts or other Documents or Electronically held Data Records, Mobile Telephones 11.2.2 Plants or goods likely to encourage vermin or other pests or to cause infestation or contamination. 11.2.3 Perishable items and/or those requiring a controlled environment. 11.2.4 Furs exceeding £100 in value, Jewellery, Watches, Precious Stones and Metals, Money, Coins, Deeds. 11.2.5 Any animals, birds or fish. 11.2.6 Loss of structural integrity of furniture constructed of particle board resulting from crumbling of the board. 11.3 In respect of Standard Liability and Limited Liability, other than as a result of our negligence or breach of contract we will not be liable for any loss of, damage to, or failure to produce the goods if caused by any of the following circumstances:-as a result of: 11.3.1 Loss or damage arising from ionising radiations or radioactive contamination 11.3.2 Loss or damage arising from Chemical, Biological, Bio-chemical, Electromagnetic Weapons and Cyber Attack 11.3.3 Indirect or consequential loss of any kind or description 11.3.4 By normal 10.3.1 Normal wear and tear, natural or gradual deterioration, leakage or evaporation or from perishable or unstable goods. This includes goods left within furniture or appliances. 11.3.5 By vermin, moth, insects and 10.3.2 Moth or vermin or similar infestation, damp, mould, mildew or rust. 11.3.6 By cleaning10.3.3 Cleaning, repairing or restoring unless we We arranged for the work to be carried out. 11.3.7 By change 10.3.4 Changes caused by atmospheric conditions such as dampness, mould, mildew, rusting, tarnishing, corrosion, or gradual deterioration unless directly linked to atmospheric or climatic conditions.ingress of water. OR 11.3.8 10.3.5 For any goods in wardrobes, drawers or appliances, or in a package, bundle, carton, case or other container not both packed and unpacked by usUs. 11.3.9 10.3.6 For electrical or mechanical derangement to any appliance, instrument, clock, computer or other equipment unless there is evidence of related external damage. 10.3.7 For any goods which have a pre-existing defect or are inherently defective. 10.3.8 For perishable items and/or those requiring a controlled environment. 10.3.9 Loss of structural integrity of furniture constructed of particle board resulting from crumbling of the board. 10.3.10 For items referred to in Clause 4. 10.4 We exclude all liability in respect of loss or damage relating to Your business, if any, including consequential loss, lost profits or business interruption, and all liability in respect of loss or damage caused by Normal Perils, including as a result of negligence by us, our agents and/or employees above the sum of £50. 10.5 Normal Perils in this Condition mean loss of or damage caused by fire, lightning, explosion, earthquake, aircraft, storm, flood, bursting &/or leaking pipes, theft accompanied by forcible and violent entry or exit, riot, strike, civil commotion, malicious damage, and impact by vehicles. 10.6 No employee of Ours shall be separately liable to chinayou for any loss, glassware damage, mis-delivery, errors or omissions under the terms of this Agreement. 10.7 Where goods are handed out from store Our liability will cease upon handing over the goods to You or Your authorised representative (see Clause 11.1 below). 10.8 We will not be liable for any loss or damage caused by Us or Our employees or agents in circumstances where: (a) there is no breach of this Agreement by Us or by any of Our employees or agents (b) such loss or damage is not a reasonably foreseeable result of any such breach. 10.9 Neither party shall be in breach of this agreement nor liable for delay in performing, or failure to perform, any of its obligations under this agreement if such delay or failure results from events, circumstances or causes beyond its reasonable control including but not limited to adverse weather conditions. In such circumstances the affected party shall be entitled to a reasonable extension of the time for performing such obligations, provided that if the period of delay or non-performance continues for 4 weeks the party not affected may terminate this agreement by giving 7 days written notice to the other party. 10.9.1 In the event that the agreement is terminated under clause 10.9 and fragile items unless they We have been both professionally packed and unpacked part performed any of Our obligations under this agreement, including but not limited to a completed or part-completed packing service and/or any storage requirement, any charges incurred by us or our Subcontractor. Us at the time of Your termination under clause 10.9 shall become chargeable in accordance with Our standard rates applicable at the time. 10.9.2 In the event of an accident involving an owner packed container where damage would have occurred irrespective termination under clause 10.9, any monies already paid will be refunded save that We reserve the right to set off such sums as are due to Us under clause 10.9.1. 10.9.3 We shall not be liable for any costs or charges You incur as a result of the quality termination of the packing, then our liability is limited to £40 or its actual value whichever is less. 11agreement under clause 10.9.

Appears in 1 contract

Sources: Terms and Conditions

Exclusions of liability. 11.1 In respect of Limited Liability, we will not be liable for loss of or damage to your goods as a result of fire or explosion howsoever that fire or explosion was caused, war, invasion, acts of foreign enemies, hostilities (whether war is declared or not), civil war, terrorism, rebellion and/or military coup, Act of God, industrial action or other such events outside our reasonable control unless we have been negligent or in breach of contract. All clauses pertaining to loss and our liability is subject to the provision that no loss, damage to items , boxes, furniture or any part of the property including vehicles under the amount of £250 will be covered. Any loss or damage as mentioned under £250 will be deemed reasonable risk when undertaking a removal and will not be covered under any liability for the remover. 11.2 In respect of Standard Liability and Limited Liability, other than as a result of our negligence or breach of contract we will not be liable for any loss of, damage to, or failure to produce the following goods :- 11.2.1 Bonds, Securities, Stamps of all kinds, Manuscripts or other Documents or Electronically held Data Records, Mobile Telephones 11.2.2 Plants or goods likely to encourage vermin or other pests or to cause infestation or contamination. 11.2.3 Perishable items and/or those requiring a controlled environment. 11.2.4 Furs exceeding £100 in value, Jewellery, Watches, Precious Stones and Metals, Money, Coins, Deeds. 11.2.5 Any animals, birds or fish. 11.2.6 Loss of structural integrity of furniture constructed of particle board resulting from crumbling of the board. 11.3 In respect of Standard Liability and Limited Liability, other than as a result of our negligence ournegligence or breach of contract we will not be liable for any loss of, damage to, or failure to produce the goods if caused by any of the following circumstances:- 11.3.1 By war, invasion, acts of foreign enemies, hostilities (whether war is declared or not), civil war, terrorism, rebellion and/or military coup, Act of God, industrial action or other such events outside our reasonable control. 11.3.2 Loss or damage arising from ionising radiations or radioactive contamination 11.3.2 11.3.3 Loss or damage arising from Chemical, Biological, Bio-chemical, Electromagnetic Weapons and Cyber Attack 11.3.3 11.3.4 Indirect or consequential loss of any kind or description 11.3.4 11.3.5 By normal wear and tear, natural or gradual deterioration, leakage or evaporation or from perishable or unstable goods. This includes goods left within furniture or appliances. 11.3.5 11.3.6 By vermin, moth, insects and similar infestation, damp, mould, mildew or rust. 11.3.6 11.3.7 By cleaning, repairing or restoring unless we arranged for the work to be carried out. 11.3.7 11.3.8 By change to atmospheric or climatic conditions. 11.3.8 11.3.9 For any goods in wardrobes, drawers or appliances, or in a package, bundle, carton, case or other container not both packed and unpacked by us. 11.3.9 11.3.10 Loss of or damage to china, glassware and fragile items unless they have been both professionally packed and unpacked by us or our Subcontractor. In the event of an accident involving an owner packed container where damage would have occurred irrespective of the quality of the packing, then our liability is limited to £40 100 or its actual value whichever is less. 11.3.11 For electrical or mechanical derangement to any appliance, instrument, clock, computer or other equipment unless there is evidence of related external damage. 11.3.12 Loss or damage of motor vehicles caused by scratching, denting and marring unless you obtain from us a pre-collection condition report. 11.3.13 Loss or damage to a vehicle whilst being driven or for the purpose of being driven under its own power other than for the purpose of loading onto or unloading from the carrying conveyance or container. Loss or damage sustained by accessories and removable items unless lost with the vehicle 11.

Appears in 1 contract

Sources: Terms and Conditions

Exclusions of liability. 11.1 11.1. In respect of Limited Liability, we will not be liable for loss of or damage to your Your goods as a result because of fire or explosion howsoever that fire or explosion was caused, unless we have been negligent or in breach of contract. 11.2. Unless we are negligent or in breach of contract (in which case our liability will be limited under either Standard or Limited Liability as set out in Clause 9) we will not be liable for any loss of, damage to, or failure to produce the following goods. 11.2.1. Bonds, Securities, Stamps of all kinds, Manuscripts or other Documents or Electronically held Data Records, Mobile Telephones. 11.2.2. Plants or goods likely to encourage moth vermin or other pests or to cause infestation or contamination. 11.2.3. Perishable items and/or those requiring a controlled environment. 11.2.4. Loss of structural integrity of furniture constructed of particle board resulting from crumbling of the board. 11.2.5. Furs exceeding £100 in value, Jewellery, Watches, Precious Stones and Metals, Money, Coins, Deeds, Mobile Telephones, Portable Media, and Computing Devices. 11.2.6. Any animals, birds, or fish. 11.3. In respect of Standard Liability and Limited Liability, other than because of our negligence or breach of contract we will not be liable for any loss of, damage to, or failure to produce the goods if caused by any of the following circumstances. 11.3.1. We shall not be liable for delays or failures to provide the services under this Agreement because of war, invasion, acts of foreign enemies, hostilities (whether war is declared or not), civil war, terrorism, rebellion and/or military coup, Act of God, adverse weather, third party industrial action action, re-scheduled sailing, departure or arrival times, port congestion, or other such events outside our reasonable control unless we have been negligent or in breach of contractcontrol. 11.2 In respect of Standard Liability and Limited Liability, other than as a result of our negligence or breach of contract we will not be liable for any loss of, damage to, or failure to produce the following goods :- 11.2.1 Bonds, Securities, Stamps of all kinds, Manuscripts or other Documents or Electronically held Data Records, Mobile Telephones 11.2.2 Plants or goods likely to encourage vermin or other pests or to cause infestation or contamination. 11.2.3 Perishable items and/or those requiring a controlled environment. 11.2.4 Furs exceeding £100 in value, Jewellery, Watches, Precious Stones and Metals, Money, Coins, Deeds. 11.2.5 Any animals, birds or fish. 11.2.6 Loss of structural integrity of furniture constructed of particle board resulting from crumbling of the board. 11.3 In respect of Standard Liability and Limited Liability, other than as a result of our negligence or breach of contract we will not be liable for any loss of, damage to, or failure to produce the goods if caused by any of the following circumstances:- 11.3.1 11.3.2. Loss or damage arising from ionising radiations or radioactive contamination. 11.3.2 11.3.3. Loss or damage arising from Chemical, Biological, Bio-chemical, Electromagnetic Weapons and Cyber Attack. 11.3.3 Indirect 11.3.4. We will not be liable for any loss or consequential damage caused by Us or Our employees or agents in circumstances where (a) there is no breach of this Agreement by Us or by any of Our employees or agents, and (b) such loss or damage is not a reasonably foreseeable result of any kind or descriptionsuch breach. 11.3.4 11.3.5. By normal wear and tear, natural or gradual deterioration, leakage leakage, or evaporation or from perishable or unstable goods. This includes goods left within furniture or appliances. 11.3.5 11.3.6. By vermin, moth, insects insects, and similar infestation, damp, mould, mildew or rust. 11.3.6 11.3.7. By cleaning, repairing repairing, or restoring unless we arranged for the work to be carried outdone. 11.3.7 By change 11.3.8. Changes to atmospheric conditions which results in mould, mildew, rusting, tarnishing, corrosion, or climatic conditionsgradual deterioration unless directly linked to ingress of water caused by Our negligence or breach of contract. 11.3.8 11.3.9. For any goods in wardrobes, drawers drawers, or appliances, or in a package, bundle, carton, case case, or other container not both packed and unpacked by us. 11.3.9 11.3.10. Loss of or damage to china, glassware glassware, and fragile items unless they have been both professionally packed and unpacked by us Us or our Subcontractor. In the event of an accident involving an owner packed container where damage would have occurred irrespective of the quality of the packing, then our Our maximum liability is limited to £40 100 for the entire contents of the box or its the actual value of the damaged items (considering the items age and condition at the time of loss or damage) whichever is less. 11.3.11. For electrical or mechanical derangement to any appliance, instrument, clock, computer, or other equipment unless there is evidence of related external damage. 11.3.12. Loss or damage of motor vehicles caused by scratching, denting, and marring unless You obtain from us a pre-collection condition report. 11.3.13. Loss or damage to a vehicle whilst being driven or for the purpose of being driven under its own power other than for the purpose of loading onto or unloading from the carrying conveyance or container. Loss or damage sustained by accessories and removable items unless lost with the vehicle. 11.3.14. For any goods which have a pre-existing defect or are inherently defective. 11.

Appears in 1 contract

Sources: Terms and Conditions

Exclusions of liability. 11.1 In respect of Limited Liability, we We will not be liable for loss of or damage to your goods as a result of fire or explosion howsoever that fire or explosion explo- sion was caused, war, invasion, acts of foreign enemies, hostilities (whether war is declared or not), civil war, terrorism, rebellion and/or military coup, Act of God, industrial action or other such events outside our reasonable control unless we have been negligent or in breach of contract. 11.2 In respect of Standard Liability and Limited Liability, other Other than as a result of our negligence or breach of contract we will not be liable for any loss of, damage to, or failure to produce the following goods :- 11.2.1 Bonds, Securities, Stamps of all kinds, Manuscripts or other Documents or Electronically held Data Records, Mobile Telephones 11.2.2 Plants or goods likely to encourage vermin or other pests or to cause infestation or contamination. 11.2.3 Perishable items and/or those requiring a controlled environment. 11.2.4 Furs exceeding £100 in value, Jewellery, Watches, Precious Stones and Metals, Money, Coins, Deeds, Precious An- tiques and other such valuable collections or items. 11.2.5 Any animals, birds or fish. 11.2.6 Loss of structural integrity of furniture constructed of particle board resulting from crumbling of the board. 11.3 In respect of Standard Liability and Limited Liability, other Other than as a result of our negligence or breach of contract we will not be liable for any loss of, damage to, or failure to produce the goods if caused by any of the following circumstances:- 11.3.1 By war, invasion, acts of foreign enemies, hostilities (whether war is declared or not), civil war, terrorism, rebellion and/or military coup, Act of God, industrial action or other such events outside our reasonable control. 11.3.2 Loss or damage arising from ionising radiations or radioactive contamination 11.3.2 11.3.3 Loss or damage arising from Chemical, Biological, Bio-chemical, Electromagnetic Weapons and Cyber Attack 11.3.3 11.3.4 Indirect or consequential loss of any kind or description 11.3.4 11.3.5 By normal wear and tear, natural or gradual deterioration, leakage or evaporation or from perishable or unstable goods. This includes goods left within furniture or appliances. 11.3.5 11.3.6 By vermin, moth, insects and similar infestation, damp, mould, mildew or rust 11.3.6 11.3.7 By cleaning, repairing or restoring unless we arranged for the work to be carried out. 11.3.7 11.3.8 By change to atmospheric or climatic conditions. 11.3.8 For any goods in wardrobes, drawers or appliances, or in a package, bundle, carton, case or other container not both packed and unpacked by us. 11.3.9 Loss of or damage to china, glassware and fragile items unless they have been both professionally packed and unpacked by us or our Subcontractor. In the event of an accident involving an owner packed container where damage would have occurred irrespective of the quality of the packing, then our liability is limited to £40 or its actual value whichever is less. 11.

Appears in 1 contract

Sources: Removal Agreement

Exclusions of liability. 11.1 In respect of Limited Liability, we will not be liable for loss of or damage to your Your goods as a result of fire or explosion howsoever that fire or explosion was caused, war, invasion, acts of foreign enemies, hostilities (whether war is declared or not), civil war, terrorism, rebellion and/or military coup, Act of God, industrial action or other such events outside our reasonable control unless we have been negligent or in breach of contract. 11.2 In respect of Standard Liability and Limited Liability, other than as a result of our negligence Unless we are negligent or in breach of contract (in which case our liability will be limited under either Standard or Limited Liability as set out in Clause 9) we will not be liable for any loss of, damage to, or failure to produce the following goods :goods: - 11.2.1 Bonds, Securities, Stamps of all kinds, Manuscripts or other Documents or Electronically held Data Records, Mobile Telephones 11.2.2 Plants or goods likely to encourage moth vermin or other pests or to cause infestation or contamination. 11.2.3 Perishable items and/or those requiring a controlled environment. 11.2.4 Loss of structural integrity of furniture constructed of particle board resulting from crumbling of the board. 11.2.5 Furs exceeding £100 in value, Jewellery, Watches, Precious Stones and Metals, Money, Coins, Deeds, Mobile Telephones, Portable Media and Computing Devices. 11.2.5 11.2.6 Any animals, birds or fish. 11.2.6 Loss of structural integrity of furniture constructed of particle board resulting from crumbling of the board. 11.3 In respect of Standard Liability and Limited Liability, other than as a result of our negligence or breach of contract we will not be liable for any loss of, damage to, or failure to produce the goods if caused by any of the following circumstances:- 11.3.1 We shall not be liable for delays or failures to provide the services under this Agreement as a result of war, invasion, acts of foreign enemies, hostilities (whether war is declared or not), civil war, terrorism, rebellion and/or military coup, Act of God, adverse weather, third party industrial action, re-scheduled sailing, departure or arrival times, port congestion, or other such events outside our reasonable control. 11.3.2 Loss or damage arising from ionising radiations or radioactive contamination. 11.3.2 11.3.3 Loss or damage arising from Chemical, Biological, Bio-chemical, Electromagnetic Weapons and Cyber Attack. 11.3.3 Indirect 11.3.4 We will not be liable for any loss or consequential damage caused by Us or Our employees or agents in circumstances where: (a) there is no breach of this Agreement by Us or by any of Our employees or agents (b) such loss or damage is not a reasonably foreseeable result of any kind or descriptionsuch breach. 11.3.4 11.3.5 By normal wear and tear, natural or gradual deterioration, leakage or evaporation or from perishable or unstable goods. This includes goods left within furniture or appliances. 11.3.5 11.3.6 By vermin, moth, insects and similar infestation, damp, mould, mildew or rust. 11.3.6 11.3.7 By cleaning, repairing or restoring unless we arranged for the work to be carried out. 11.3.7 By change 11.3.8 Changes to atmospheric conditions which results in mould, mildew, rusting, tarnishing, corrosion, or climatic conditionsgradual deterioration unless directly linked to ingress of water caused by Our negligence or breach of contract. 11.3.8 11.3.9 For any goods in wardrobes, drawers or appliances, or in a package, bundle, carton, case or other container not both packed and unpacked by us. 11.3.9 11.3.10 Loss of or damage to china, glassware and fragile items unless they have been both professionally packed and unpacked by us Us or our Subcontractor. In the event of an accident involving an owner packed container where damage would have occurred irrespective of the quality of the packing, then our Our maximum liability is limited to £40 100 for the entire contents of the box or its the actual value of the damaged items (taking into account the items age and condition at the time of loss or damage) whichever is less. 11.3.11 For electrical or mechanical derangement to any appliance, instrument, clock, computer or other equipment unless there is evidence of related external damage. 11.3.12 Loss or damage of motor vehicles caused by scratching, denting and marring unless You obtain from us a pre-collection condition report. 11.3.13 Loss or damage to a vehicle whilst being driven or for the purpose of being driven under its own power other than for the purpose of loading onto or unloading from the carrying conveyance or container. 11Loss or damage sustained by accessories and removable items unless lost with the vehicle 11.3.14 For any goods which have a pre-existing defect or are inherently defective. 11.4 No employee of Ours shall be separately liable to You for any loss, damage, mis-delivery, errors or omissions under the terms of this Agreement. 11.5 Our liability will cease upon handing over goods from our warehouse or upon completion of delivery (see Clause 12.1 below).

Appears in 1 contract

Sources: Terms and Conditions of Trade