Exclusions of liability. 10.1 We shall not be liable for loss or damage caused by fire or explosion, unless we have been negligent or in breach of contract. It is Your responsibility to 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 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. 10.3 Other than as a result of Our negligence or breach of contract We will not be liable for any loss, damage or failure to produce the goods as a result of: 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. 10.3.2 Moth or vermin or similar infestation. 10.3.3 Cleaning, repairing or restoring unless We arranged for the work to be carried out. 10.3.4 Changes caused by atmospheric conditions such as dampness, mould, mildew, rusting, tarnishing, corrosion, or gradual deterioration unless directly linked to ingress of water. OR 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 Us. 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 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. 11.1 If You or Your authorised representative collects the goods, We must be notified in writing of any loss or damage at the time the goods are handed to You or Your agent or as soon as practically possible. 11.2 For goods which We deliver, You must give Us detailed notice in writing of any loss and damage within seven days of delivery by Us. We may agree to extend this time limit 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.
Appears in 1 contract
Exclusions of liability. 10.1 We shall not be liable for loss or damage caused by fire or explosion, unless we have been negligent or in breach of contract. It is Your responsibility to 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 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.
10.3 Other than as a result of Our negligence or breach of contract We will not be liable for any loss, damage or failure to produce the goods as a result of:
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.
10.3.2 Moth or vermin or similar infestation.
10.3.3 Cleaning, repairing or restoring unless We arranged for the work to be carried out.
10.3.4 Changes caused by atmospheric conditions such as dampness, mould, mildew, rusting, tarnishing, corrosion, or gradual deterioration unless directly linked to ingress of water. OR
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 Us.
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 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.
11.1 If You or Your authorised representative collects the goods, We must be notified in writing of any loss or damage at the time the goods are handed to You or Your agent or as soon as practically possible.
11.2 For goods which We deliver, You must give Us detailed notice in writing of any loss and damage within seven days of delivery by Us. We may agree to extend this time limit 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.
Appears in 1 contract
Sources: Terms and Conditions
Exclusions of liability. 10.1 We shall not be liable for loss or damage caused by fire or explosion, unless we have been negligent or in breach of contract. It is Your responsibility to 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 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.
10.3 Other than as a result of Our negligence or breach of contract We will not be liable for any loss, damage or failure to produce the goods as a result of:
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.
10.3.2 Moth or vermin or similar infestation.
10.3.3 Cleaning, repairing or restoring unless We arranged for the work to be carried out.
10.3.4 Changes caused by atmospheric conditions such as dampness, mould, mildew, rusting, tarnishing, corrosion, or gradual deterioration unless directly linked to ingress of water. OR
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 Us.
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 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 agents
(b) such loss or damage is not a reasonably foreseeable result of any such breach.
11.1 If You or Your authorised representative collects the goods, We must be notified in writing of any loss or damage at the time the goods are handed to You or Your agent or as soon as practically possible.
11.2 For goods which We deliver, You must give Us detailed notice in writing of any loss and damage within seven days of delivery by Us. We may agree to extend this time limit 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.
Appears in 1 contract
Sources: Terms and Conditions
Exclusions of liability. 10.1 We shall not be liable for loss or damage caused by fire or explosion, unless we have been negligent or in breach of contract. It is Your your responsibility to insure Your GoodsGoods against fire or explosion. 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 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.
10.3 Other than as a result of Our our negligence or breach of contract We we will not be liable for any loss, damage or failure to produce the goods as a result of:
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.
10.3.2 Moth or vermin or similar infestation.
10.3.3 Cleaning, repairing or restoring unless We we arranged for the work to be carried out.
10.3.4 Changes caused by atmospheric conditions such as dampness, mould, mildew, rusting, tarnishing, corrosion, or gradual deterioration unless directly linked to ingress of water. OR
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.
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 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 ours shall be separately liable to you for any loss, damage, mis-mis- delivery, errors or omissions under the terms of this Agreement.
10.5 Where goods are handed out from store Our our liability will cease upon handing over the goods to You you or Your your authorised representative (see Clause 11.1 below).
10.6 We will not be liable for any loss or damage caused by Us 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 agents
(b) such Such loss or damage is not a reasonably foreseeable result of any such breach.. 11 Time limit for claims
11.1 If You or Your authorised representative collects collect the goods, We must be notified in writing of any loss or damage at the time the goods are handed to You or Your agent or as soon as practically possible.
11.2 For goods which We we deliver, You you must give Us detailed notice advise us in writing of any loss and damage within seven days of delivery by Usus. We may agree to extend this time limit upon receipt of Your your written request provided such request is received within seven (7) days of delivery. Consent to such a request will not be unreasonably withheld.
Appears in 1 contract
Sources: Terms and Conditions
Exclusions of liability. 10.1 We shall not be liable for loss or damage caused by fire or explosion, unless we have been negligent or in breach of contract. It is Your responsibility to 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 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-re- scheduled sailing, departure or arrival times, port congestion, or other such events outside our reasonable control.
10.3 Other than as a result of Our negligence or breach of contract We will not be liable for any loss, damage or failure to produce the goods as a result of:
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.
10.3.2 Moth or vermin or similar infestation.
10.3.3 Cleaning, repairing or restoring unless We arranged for the work to be carried out.
10.3.4 Changes caused by atmospheric conditions such as dampness, mould, mildew, rusting, tarnishing, corrosion, or gradual deterioration unless directly linked to ingress of water. OR
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 Us.
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.
10.5 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 10.6 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 10.7 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 agents
(b) such loss or damage is not a reasonably foreseeable result of any such breach.
11.1 If You 10.8 Neither party shall be in breach of this agreement nor liable for delay in performing, or Your authorised representative collects 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 goodsaffected 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 We must be notified in writing have part performed any of Our obligations under this agreement, including but not limited to a completed or part-completed packing service and/or any loss or damage storage requirement, any charges incurred by Us at the time of Your termination under clause 10.9 shall become chargeable in accordance with Our standard rates applicable at the goods are handed to You or Your agent or as soon as practically possibletime.
11.2 For goods which 10.9.2 In the event of termination under clause 10.9, any monies already paid will be refunded save that We deliver, You must give reserve the right to set off such sums as are due to Us detailed notice in writing of any loss and damage within seven days of delivery by Us. under clause 10.9.1.
10.9.3 We may agree to extend this time limit upon receipt of Your written request provided such request is received within seven (7) days of delivery. Consent to such a request will shall not be unreasonably withheldliable for any costs or charges You incur as a result of the termination of the agreement under clause 10.9.
Appears in 1 contract
Sources: Terms and Conditions
Exclusions of liability. 10.1 11.1 In respect of Limited Liability, We shall will not be liable for loss of or damage caused by to Your goods as a result of fire or explosionexplosion howsoever that fire or explosion was caused, unless we We have been negligent or in breach of contract. It is Your responsibility to 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 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 Furs exceeding £100 in value, jewellery, watches, precious stones and metals, money, coins, deeds;
11.2.5 Any animals, birds or fish.
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 third-party industrial action, re-scheduled sailing, departure or arrival times, port congestion, or other such events outside our Our reasonable control.;
10.3 Other than as a result of Our negligence 11.3.2 Loss or breach of contract We will not be liable for any lossdamage arising from ionising radiations or radioactive contamination;
11.3.3 Loss or damage arising from chemical, damage or failure to produce the goods as a result of:biological, bio-chemical, electromagnetic weapons and cyber attack;
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.
10.3.2 Moth or vermin or similar infestation.
10.3.3 Cleaning, repairing or restoring unless We arranged for the work to be carried out.
10.3.4 Changes caused by atmospheric conditions such as dampness, mould, mildew, rusting, tarnishing, corrosion, or gradual deterioration unless directly linked to ingress of water. OR
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 Us.
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 11.3.4 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 agents, or (b) such loss or damage is not a reasonably foreseeable result of any such breach.;
11.1 If 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;
11.3.6 By vermin, moth, insects and similar infestation;
11.3.7 By cleaning, repairing or restoring unless We arranged for the work to be carried out;
11.3.8 Changes to atmospheric conditions which result in mould, mildew, rusting, tarnishing, corrosion, or gradual deterioration unless directly linked to ingress of water caused by Our negligence or breach of contract;
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;
11.3.10 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 maximum liability is limited to £100 for the entire contents of the box or 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 maiming unless You obtain from Us a pre-collection condition report;
11.3.13 Loss or Your authorised representative collects damage to a vehicle whilst being driven or for the goods, We must be notified in writing purpose of any 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 at sustained by accessories and removable items unless lost with the time the vehicle;
11.3.14 For any goods which have a pre-existing defect or are handed inherently defective.
11.4 No employee of Ours shall be separately liable to You for any loss, damage, mis-delivery, errors or Your agent or as soon as practically possibleomissions under the terms of this Agreement.
11.2 For 11.5 Our liability will cease upon handing over goods which We deliver, You must give Us detailed notice in writing of any loss and damage within seven days from Our warehouse or upon completion of delivery by Us. We may agree to extend this time limit 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 withheldsee clause 12.1 below).
Appears in 1 contract
Sources: Terms and Conditions
Exclusions of liability. 10.1 We shall not be liable for loss or damage caused by fire or explosion, explosion unless we have been negligent or in breach of contract. It is Your responsibility to insure Your Goods. If You ask Us in writing to arrange insurance cover for You You, We will, provided You declare the full replacement value of Your Goods and pay the premium in advanceinadvance.
10.2 We will not be liable for any loss of, damage to, or failure to produce the following goods:
10.2.1 Bonds, Securities, Stamps of all kinds, Manuscripts or other Documents or Electronically held Data Records, Mobile Telephones.
10.2.2 Plants or goods likely to encourage vermin or other pests or to cause infestation or contamination
10.2.3 Perishable items and/or those requiring a controlled environment.
10.2.4 Furs exceeding £100 in value, Jewellery, Watches, Precious Stones and Metals, Money, Coins, Deeds.
10.2.5 Any animals, birds or fish.
10.3 We shall not be liable for delays or failures to provide the services under this Agreement as a result of of:
10.3.1 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.
10.3 10.3.2 Loss or damage arising from Chemical, Biological, Bio-chemical, Radioactive, Electromagnetic activity and or weapons and Cyber Attack.
10.4 Other than as a result of Our negligence or breach of contract We will not be liable for any loss, damage or failure to produce the goods as a result of:
10.3.1 10.4.1 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.
10.3.2 10.4.2 Moth or vermin or similar infestation.
10.3.3 10.4.3 Cleaning, repairing or restoring unless We arranged for the work to be carried out.
10.3.4 10.4.4 Changes caused by atmospheric conditions such as dampness, mould, mildew, rusting, tarnishing, corrosion, or gradual deterioration unless directly linked to ingress of water. OR
10.3.5 10.4.5 For any goods in wardrobes, drawers or appliances, or in a package, bundle, carton, case or other container not both packed and unpacked by Us.
10.3.6 10.4.6 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 £100 or its actual value whichever is less.
10.4.7 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 10.4.8 Loss or damage of motor vehicles caused by scratching, denting and marring unless you obtain from us a pre-collection condition report.
10.4.9 For any goods which have a pre-existing defect or are inherently defective.
10.3.8 10.4.10 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 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.
11.1 If You or Your authorised representative collects the goods, We must be notified in writing of any loss or damage at the time the goods are handed to You or Your agent or as soon as practically possible.
11.2 For goods which We deliver, You must give Us detailed notice in writing of any loss and damage within seven days of delivery by Us. We may agree to extend this time limit 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.
Appears in 1 contract
Sources: Terms and Conditions
Exclusions of liability. 10.1 We shall not be liable for loss or damage caused by fire or explosion, unless we have been negligent or in breach of contract. It is Your responsibility to insure Your GoodsGoods against fire or explosion. If You ask Us in writing to arrange insurance fire dommage 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 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.
10.3 Other than as a result of Our negligence or breach of contract We will not be liable for any loss, damage or failure to produce the goods as a result of:
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.
10.3.2 Moth or vermin or similar infestation.
10.3.3 Cleaning, repairing or restoring unless We arranged for the work to be carried out.
10.3.4 10.3.3.1 Changes caused by atmospheric conditions such as dampness, mouldmold, mildew, rusting, tarnishing, corrosion, or gradual deterioration unless directly linked to ingress of water. OR
10.3.5 10.3.3.2 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.
10.3.6 10.3.3.3 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 10.3.4 For any goods which have a pre-existing defect or are inherently defective.
10.3.8 10.3.5 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 10.3.6 For items referred to in Clause 4.
10.4 10.3.7 No employee of Ours shall be separately liable to you for any loss, damage, mis-mis- delivery, errors or omissions under the terms of this Agreement.
10.5 10.3.8 Where goods are handed out from store Our liability will cease upon handing over the goods to You or Your authorised authorized representative (see Clause 11.1 below).
10.6 10.3.9 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 agents
(b) such loss or damage is not a reasonably foreseeable result of any such breach.. 11 Time limit for claims
11.1 If You or Your authorised authorized representative collects collect the goods, We must be notified in writing of any loss or damage at the time the goods are handed to You or Your agent or as soon as practically possible.
11.2 For goods which We deliver, You must give Us detailed notice advise us in writing of any loss and damage within seven days of delivery by Us. We may agree to extend this time limit 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.
Appears in 1 contract
Sources: Terms and Conditions
Exclusions of liability. 10.1 12.1 We shall not be liable for loss or damage caused by fire or explosion, unless we have been negligent or in breach of contract. It is Your responsibility to insure Your your Goods. If You you ask Us us in writing to arrange insurance cover for You We you we will, provided You you declare the full replacement value of Your your Goods and pay the premium in advance.. (see clause 10)
10.2 12.2 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.
10.3 12.3 Other than as a result of Our our negligence or breach of contract We we will not be liable for any loss, damage or failure to produce the goods as a result of:
10.3.1 12.3.1 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.
10.3.2 12.3.2 Moth or vermin or similar infestation.
10.3.3 12.3.3 Cleaning, repairing or restoring unless We arranged for the work to be carried out.
10.3.4 12.3.4 Changes caused by atmospheric conditions such as dampness, mould, mildew, rusting, tarnishing, corrosion, or gradual deterioration unless directly linked to ingress of water. OR.
10.3.5 12.3.5 For any goods in wardrobesstorage cupboards, drawers or appliances, or in a package, bundle, carton, case case, crate or other container not both packed and unpacked by Usus.
10.3.6 12.3.6 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 12.3.7 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 12.3.9 Loss of structural integrity of furniture constructed of particle board resulting from crumbling of the board.
10.3.10 12.3.10 For items referred to in Clause 4.4.0
10.4 12.4 No employee of Ours ours shall be separately liable to you for any loss, damage, mis-delivery, errors or omissions under the terms of this Agreement.
10.5 12.5 Where goods are handed out from store Our our liability will cease upon handing over the goods to You you or Your your authorised representative (see Clause 11.1 below11.1).
10.6 12.6 We will not be liable for any loss or damage caused by Us us or Our our employees or agents in circumstances where: :
(a) there is no breach of this Agreement by Us us or by any of Our our employees or agents agents
(b) such loss or damage is not a reasonably foreseeable result of any such breach.
11.1 If You or Your authorised representative collects the goods, We must be notified in writing of any loss or damage at the time the goods are handed to You or Your agent or as soon as practically possible.
11.2 For goods which We deliver, You must give Us detailed notice in writing of any loss and damage within seven days of delivery by Us. We may agree to extend this time limit 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.
Appears in 1 contract
Sources: Terms and Conditions
Exclusions of liability. 10.1 We shall not be liable for loss or damage caused by fire or explosion, unless we have been negligent or in breach of contract. It is Your responsibility to insure Your GoodsGoods against fire or explosion. 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 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.
10.3 Other than as a result of Our negligence or breach of contract We will not be liable for any loss, damage or failure to produce the goods as a result of:
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.
10.3.2 Moth or vermin or similar infestation.
10.3.3 Cleaning, repairing or restoring unless We arranged for the work to be carried out.
10.3.4 Changes caused by atmospheric conditions such as dampness, mould, mildew, rusting, tarnishing, corrosion, or gradual deterioration unless directly linked to ingress of water. OR
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 Us.
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 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 agents
(b) such loss or damage is not a reasonably foreseeable result of any such breach.
11.1 If You or Your authorised representative collects the goods, We must be notified in writing of any loss or damage at the time the goods are handed to You or Your agent or as soon as practically possible.
11.2 For goods which We deliver, You must give Us detailed notice in writing of any loss and damage within seven days of delivery by Us. We may agree to extend this time limit 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.
Appears in 1 contract
Sources: Terms and Conditions
Exclusions of liability. 10.1 We shall not be liable for loss or damage caused by fire or explosion, unless we have been negligent or in breach of contract. It is Your your responsibility to insure Your GoodsGoods against fire or explosion. If You you ask Us us in writing to arrange fire insurance cover for You We will, provided You 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 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.
10.3 Other than as a result of Our our negligence or breach of contract We we will not be liable for any loss, damage or failure to produce the goods as a result of:
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.
10.3.2 Moth or vermin or similar infestation.
10.3.3 Cleaning, repairing or restoring unless We we arranged for the work to be carried out.
10.3.4 Changes caused by atmospheric conditions such as dampness, mould, mildew, rusting, tarnishing, corrosion, or gradual deterioration unless directly linked to ingress of water. OR
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 Us.
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-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 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 agents
(b) such loss or damage is not a reasonably foreseeable result of any such breach.
11.1 If You or Your authorised representative collects the goods, We must be notified in writing of any loss or damage at the time the goods are handed to You or Your agent or as soon as practically possible.
11.2 For goods which We deliver, You must give Us detailed notice in writing of any loss and damage within seven days of delivery by Us. We may agree to extend this time limit 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.
Appears in 1 contract
Sources: Transportation Agreement
Exclusions of liability. 10.1 We shall not be liable for loss or damage caused by fire or explosion, unless we have been negligent or in breach of contract. It is Your responsibility to 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 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.
10.3 Other than as a result of Our negligence or breach of contract We will not be liable for any loss, damage or failure to produce the goods as a result of:
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.
10.3.2 Moth or vermin or similar infestation.
10.3.3 Cleaning, repairing or restoring unless We arranged for the work to be carried out.
10.3.4 Changes caused by atmospheric conditions such as dampness, mould, mildew, rusting, tarnishing, corrosion, or gradual deterioration unless directly linked to ingress of water. OR
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 Us.
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.
10.3.11 We are not held responsible or liable while You are either in the front or behind of Our vehicle as well as any good that You are carrying.
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 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 agents
(b) such loss or damage is not a reasonably foreseeable result of any such breach.
11.1 If You or Your authorised representative collects the goods, We must be notified in writing of any loss or damage at the time the goods are handed to You or Your agent or as soon as practically possible.
11.2 For goods which We deliver, You must give Us detailed notice in writing of any loss and damage within seven days of delivery by Us. We may agree to extend this time limit 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.
Appears in 1 contract
Sources: Terms and Conditions
Exclusions of liability. 10.1 We shall not be liable for loss or damage caused by fire or explosion, unless we have been negligent or in breach of contract. It is Your responsibility to 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 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.
10.3 Other than as a result of Our negligence or breach of contract We will not be liable for any loss, damage or failure to produce the goods as a result of:
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.
10.3.2 Moth or vermin or similar infestation.
10.3.3 Cleaning, repairing or restoring unless We arranged for the work to be carried out.
10.3.4 Changes caused by atmospheric conditions such as dampness, mould, mildew, rusting, tarnishing, corrosion, or gradual deterioration unless directly linked to ingress of water. OR
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 Us.
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-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 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 agents
(b) such loss or damage is not a reasonably foreseeable result of any such breach.
11.1 If You or Your authorised representative collects the goods, We must be notified in writing of any loss or damage at the time the goods are handed to You or Your agent or as soon as practically possible.
11.2 For goods which We deliver, You must give Us detailed notice in writing of any loss and damage within seven days of delivery by Us. We may agree to extend this time limit 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.
Appears in 1 contract
Sources: Terms and Conditions
Exclusions of liability. 10.1 We shall not be liable for loss or damage caused by fire or explosion, unless we have been negligent or in breach of contract. It is Your your responsibility to insure Your GoodsGoods against fire or explosion. 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 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.
10.3 Other than as a result of Our our negligence or breach of contract We we will not be liable for any loss, damage or failure to produce the goods as a result of:
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.
10.3.2 Moth or vermin or similar infestation.
10.3.3 Cleaning, repairing or restoring unless We we arranged for the work to be carried out.carried
10.3.4 Changes caused by atmospheric conditions such as dampness, mould, mildew, rusting, tarnishing, corrosion, or gradual deterioration unless directly linked to ingress of water. OR,
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.
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 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 ours shall be separately liable to you for any loss, damage, mis-deliverymisdelivery, errors or omissions under the terms of this Agreement.
10.5 Where goods are handed out from store Our our liability will cease upon handing over the goods to You you or Your your authorised representative (see Clause 11.1 below).
10.6 We will not be liable for any loss or damage caused by Us 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 agents
(b) such Such loss or damage is not a reasonably foreseeable result of any such breach.
11.1 If You or Your authorised representative collects the goods, We must be notified in writing of any loss or damage at the time the goods are handed to You or Your agent or as soon as practically possible.
11.2 For goods which We deliver, You must give Us detailed notice in writing of any loss and damage within seven days of delivery by Us. We may agree to extend this time limit 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.
Appears in 1 contract
Sources: Terms and Conditions
Exclusions of liability. 10.1 We shall not be liable for loss or damage caused by fire or explosion, unless we have been negligent or in breach of contract. It is Your responsibility to 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 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.
10.3 Other than as a result of Our negligence or breach of contract We will not be liable for any loss, damage or failure to produce the goods as a result of:
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.
10.3.2 Moth or vermin or similar infestation.
10.3.3 Cleaning, repairing or restoring unless We arranged for the work to be carried out.
10.3.4 Changes caused by atmospheric conditions such as dampness, mould, mildew, rusting, tarnishing, corrosion, or gradual deterioration unless directly linked to ingress of water. OR
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 Us.
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 caused by Us or Our employees or agents in circumstances where: (awhere:(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.
11.1 If You or Your authorised representative collects the goods, We must be notified in writing of any loss or damage at the time the goods are handed to You or Your agent or as soon as practically possible.
11.2 For goods which We deliver, You must give Us detailed notice in writing of any loss and damage within seven days of delivery by Us. We may agree to extend this time limit 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.
Appears in 1 contract
Sources: Terms and Conditions
Exclusions of liability. 10.1 We shall 11.1 In respect of Limited Liability, we will not be liable for loss of or damage caused by to Your goods as a result of fire or explosionexplosion howsoever that fire or explosion was caused, unless we have been negligent or in breach of contract. It is Your responsibility to 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 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 Furs exceeding £100 in value, Jewellery, Watches, Precious Stones and Metals, Money, Coins, Deeds.
11.2.5 Any animals, birds or fish
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.
10.3 Other than as a result of Our negligence 11.3.2 Loss or breach of contract damage arising from ionising radiations or radioactive contamination.
11.3.3 Loss or damage arising from Chemical, Biological, Bio- chemical, Electromagnetic Weapons and Cyber Attack.
11.3.4 We will not be liable for any loss, loss or damage caused by us or failure to produce the goods as a result ofour employees or agents in circumstances where:
10.3.1 Normal (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.
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.
10.3.2 Moth or vermin or 11.3.6 By vermin, moth, insects and similar infestation.
10.3.3 Cleaning11.3.7 By cleaning, repairing or restoring unless We we arranged for the work to be carried out.
10.3.4 11.3.8 Changes caused by to atmospheric conditions such as dampness, which results in mould, mildew, rusting, tarnishing, corrosion, or gradual deterioration unless directly linked to ingress of water. ORwater caused by Our negligence or breach of contract.
10.3.5 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 Usus.
10.3.6 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 maximum liability is limited to £100 for the entire contents of the box or 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.
10.3.7 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.
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 11.4 No employee of Ours 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 11.5 Our liability will cease upon handing over the goods to You from our warehouse or Your authorised representative upon completion of delivery (see Clause 11.1 12.1 below).
10.6 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.
11.1 If You or Your authorised representative collects the goods, We must be notified in writing of any loss or damage at the time the goods are handed to You or Your agent or as soon as practically possible.
11.2 For goods which We deliver, You must give Us detailed notice in writing of any loss and damage within seven days of delivery by Us. We may agree to extend this time limit 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.
Appears in 1 contract
Sources: Terms and Conditions
Exclusions of liability. 10.1 We shall not be liable for loss or damage caused by fire or explosion, unless we have been negligent or in breach of contract. It is Your responsibility to insure Your GoodsGoods against fire or explosion. 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 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.
10.3 Other than as a result of Our negligence or breach of contract We will not be liable for any loss, damage or failure to produce the goods as a result of:
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.
10.3.2 Moth or vermin or similar infestation.
10.3.3 Cleaning, repairing or restoring unless We arranged for the work to be carried out.
10.3.4 10.3.3.1 Changes caused by atmospheric conditions such as dampness, mouldmold, mildew, rusting, tarnishing, corrosion, or gradual deterioration unless directly linked to ingress of water. OR
10.3.5 10.3.3.2 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.
10.3.6 10.3.3.3 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 10.3.4 For any goods which have a pre-existing defect or are inherently defective.
10.3.8 10.3.5 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 10.3.6 For items referred to in Clause 4.
10.4 10.3.7 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 10.3.8 Where goods are handed out from store Our liability will cease upon handing over the goods to You or Your authorised authorized representative (see Clause 11.1 below).
10.6 10.3.9 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 agents
(b) such loss or damage is not a reasonably foreseeable result of any such breach.. 11 Time limit for claims
11.1 If You or Your authorised authorized representative collects collect the goods, We must be notified in writing of any loss or damage at the time the goods are handed to You or Your agent or as soon as practically possible.
11.2 For goods which We deliver, You must give Us detailed notice advise us in writing of any loss and damage within seven days of delivery by Us. We may agree to extend this time limit 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. 12 Insurance Option This condition applies if You have decided to accept the Insurance Option. Details of the cover are set out in the Summary of Terms provided to You.
12.1 We shall take out and maintain a contract of insurance in accordance with the Summary of Terms. The insurance will cover Us for any claims made by You if Your goods are lost or damaged whilst in the care custody or control of ourselves, our agents or sub-contractors. The basis of settlement shall be the replacement value of the Goods taking into account the value of the goods stated by You when You entered into this agreement.
12.2 In the event of a claim the following provisions shall apply: We shall notify the insurer within 7 days of receipt from You of the form attached to the Summary of Terms. For the purposes of processing any claim You must provide Us, the insurer or any agent appointed by the insurer (to investigate Your claim) with such information as may reasonably be required to assist with enquiries relating to the claim. We will also provide to You, the insurer, or any agent appointed by the insurer (to investigate the claim), with such information and assistance in relation to the claim as may reasonably be required. While we will, notify claims to the insurer, we are not under any circumstances obliged to start or threaten to start any legal proceedings in relation to any such claim [unless specifically agreed with you in writing].
12.3 When an insurance claim has been made and insurers have agreed to settle the claim, We shall pay or arrange for payment to be made direct to You any settlement agreed with insurers after deduction of any outstanding sums due to Us from You. For the avoidance of doubt, You agree that our liability to You in respect of any claim shall be limited to the sums, which We are able to recover from insurers under such insurance cover and We shall have no further liability to You in respect of Your claim.
12.4 We are not qualified or authorized to give You any advice concerning this insurance cover and We make no representations and give no warranties as to whether it meets Your particular demands or needs. It is Your responsibility to make your own judgment as to whether such insurance meets Your own requirements. We will not be liable for any loss or damage costs or expenses You incur if the insurance does not meet Your requirements.
12.5 Nothing in this Condition 12 shall make us Your agent. 13 Delays in transit
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 Any transit times quoted by Us are estimated and based upon information known to Us at the time. Transit times may vary due to a number of factors outside Our control including but not limited to changes in sailing or departure dates made by the freight/shipping company, changes in the routes used by the freight/shipping company and port congestion. We will advise You of any material changes to the transit times as soon as We become aware. We will not be liable for any loss or damage incurred by You as a result of delays in transit time unless directly attributable to Our negligence or breach of contract.
Appears in 1 contract
Sources: Terms and Conditions
Exclusions of liability. 10.1 We shall not be liable for loss or damage caused by fire or explosion, unless we have been negligent or in breach of contract. It is Your responsibility to insure Your GoodsGoods against fire or explosion. If You ask Us in writing to arrange insurance fire damage cover for You 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 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.
10.3 Other than as a result of Our negligence or breach of contract We will not be liable for any loss, damage or failure to produce the goods as a result of:
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.
10.3.2 Moth or vermin or similar infestation.
10.3.3 Cleaning, repairing or restoring unless We arranged for the work to be carried out.
10.3.4 10.3.3.1 Changes caused by atmospheric conditions such as dampness, mouldmold, mildew, rusting, tarnishing, corrosion, or gradual deterioration unless directly linked to ingress of water. OR
10.3.5 10.3.3.2 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.
10.3.6 10.3.3.3 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 10.3.4 For any goods which have a pre-existing defect or are inherently defective.
10.3.8 10.3.5 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 10.3.6 For items referred to in Clause 4.
10.4 10.3.7 No employee of Ours shall be separately liable to you for any loss, damage, mis-mis- delivery, errors or omissions under the terms of this Agreement.
10.5 10.3.8 Where goods are handed out from store Our liability will cease upon handing over the goods to You or Your authorised authorized representative (see Clause 11.1 below).
10.6 10.3.9 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 agents
(b) such loss or damage is not a reasonably foreseeable result of any such breach.. 11 Time limit for claims
11.1 If You or Your authorised authorized representative collects collect the goods, We we must be notified in writing of any loss or damage at the time the goods are handed to You or Your agent or as soon as practically possible.
11.2 For goods which We deliver, You you must give Us detailed notice advise us in writing of any loss and damage within seven days of delivery by Us. We may agree to extend this time limit 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.
Appears in 1 contract
Sources: Terms and Conditions
Exclusions of liability. 10.1 1. We shall not be liable for loss or damage caused by fire or explosion, unless we have been negligent or in breach of contract. It is Your responsibility to insure Your Goods. If You ask Us in writing to arrange insurance cover for You We You, we will, provided You declare the full replacement value of Your Goods and pay the premium in advance.
10.2 2. 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.
10.3 3. Other than as a result of Our negligence or breach of contract We will not be liable for any loss, damage or failure to produce the goods as a result of:
10.3.1 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.
10.3.2 2. Moth or vermin or similar infestation.
10.3.3 3. Cleaning, repairing or restoring unless We arranged for the work to be carried out.
10.3.4 4. Changes caused by atmospheric conditions such as dampness, mould, mildew, rusting, tarnishing, corrosion, or gradual deterioration unless directly linked to ingress of water.
5. OR
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 Us.
10.3.6 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 7. For any goods which have a pre-existing defect or are inherently defective.
10.3.8 8. For perishable items and/or those requiring a controlled environment.
10.3.9 9. Loss of structural integrity of furniture constructed of particle board resulting from crumbling of the board.
10.3.10 10. For items referred to in Clause 4.
10.4 4. No employee of Ours shall be separately liable to you for any loss, damage, mis-mis- delivery, errors or omissions under the terms of this Agreement.
10.5 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 6. 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.
11.1 If You or Your authorised representative collects the goods, We must be notified in writing of any loss or damage at the time the goods are handed to You or Your agent or as soon as practically possible.
11.2 For goods which We deliver, You must give Us detailed notice in writing of any loss and damage within seven days of delivery by Us. We may agree to extend this time limit 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.
Appears in 1 contract
Sources: Terms and Conditions
Exclusions of liability. 10.1 11.1 We shall will not be liable for loss of or damage caused by to Your goods as a result of fire or explosionexplosion howsoever that fire or explosion was caused, unless we have been negligent or in breach of contract. It is Your responsibility to 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 11.2 Unless we are negligent or in breach of contract as detailed 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 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.
10.3 Other than as a result of Our negligence 11.3.2 Loss or breach of contract damage arising from ionising radiations or radioactive contamination.
11.3.3 Loss or damage arising from Chemical, Biological, Bio-chemical, Electromagnetic Weapons and Cyber Attack.
11.3.4 We will not be liable for any loss, loss or damage caused by Us or failure to produce the goods as a result ofOur employees or agents in circumstances where:
10.3.1 Normal (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.
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.
10.3.2 Moth or vermin or 11.3.6 By vermin, moth, insects and similar infestation.
10.3.3 Cleaning11.3.7 By cleaning, repairing or restoring unless We we arranged for the work to be carried out.
10.3.4 11.3.8 Changes caused by to atmospheric conditions such as dampness, which results in mould, mildew, rusting, tarnishing, corrosion, or gradual deterioration unless directly linked to ingress of water. ORwater caused by Our negligence or breach of contract.
10.3.5 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 Usus.
10.3.6 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 maximum liability is limited to £100 for the entire contents of the box or 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.
10.3.7 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.
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 11.4 No employee of Ours shall be separately liable to you 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 11.5 Our liability will cease upon handing over the goods to You from our warehouse or Your authorised representative upon completion of delivery (see Clause 11.1 12.1 below).
10.6 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.
11.1 If You or Your authorised representative collects the goods, We must be notified in writing of any loss or damage at the time the goods are handed to You or Your agent or as soon as practically possible.
11.2 For goods which We deliver, You must give Us detailed notice in writing of any loss and damage within seven days of delivery by Us. We may agree to extend this time limit 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.
Appears in 1 contract
Sources: Terms and Conditions