LIABILITY OF CARRIER Sample Clauses
The 'Liability of Carrier' clause defines the extent to which a carrier is responsible for loss, damage, or delay of goods during transportation. Typically, this clause outlines the circumstances under which the carrier is liable, such as negligence or failure to exercise due care, and may specify exclusions like acts of God or improper packaging by the shipper. Its core function is to allocate risk between the carrier and the shipper, ensuring both parties understand who bears responsibility in the event of an incident affecting the cargo.
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LIABILITY OF CARRIER. 6.1 The Consignor acknowledges and agrees that neither the Carrier nor any servant or agent or Subcontractor of the Carrier nor any other Person who undertakes the Carriage of the Goods at any time pursuant to this agreement will in any circumstances (except where any statute otherwise requires) be under any liability whatever (whether in contract, tort or otherwise) for:
(a) any personal injury;
(b) any loss of or damage to, deterioration, evaporation or contamination of the Goods, or
(c) misdelivery, delay in delivery or non delivery of the Goods or any of them, whether in the course of Carriage or otherwise or for any consequential loss or injury of any kind whatever whether such personal injury, loss, damage, deterioration, evaporation, contamination or misdelivery, delay in delivery, non delivery or consequential damage or injury is caused or alleged to have been caused by the negligence or wilful act or default of the Carrier or its officers, servants or agents, its Subcontractors, or by any cause whatever.
6.2 The Carrier will be entitled to the benefit of the exclusion of liability provided for in clause 6.1 even if it is proved that the loss or damage resulted from an act or omission done with intent to cause damage, or recklessly and with knowledge that damage would probably result.
6.3 Nothing whatsoever done or omitted to be done or other conduct by the Carrier in breach of the Contract or otherwise will under any circumstances constitute a fundamental breach of the Contract, or a repudiation of the Contract such as to have the effect of disentitling the Carrier from obtaining the benefit of and enforcing all rights, defences, exemptions, immunities and limitations of liability of the Carrier contained in these conditions, and all such rights, defences, exemptions, immunities, limitations of liability and like protection will continue to have full force and effect in any event whatsoever.
6.4 Where clauses 6.1, 6.2 or 6.3 cannot legally operate and to the extent permitted by law, the Carrier’s liability for breach of any warranty or any term implied by law in to this Agreement is limited to:
(a) in the case of the supply of Carriage, the cost of having those services supplied again; or
(b) in the case of the supply of Goods, the lowest of the cost of replacing the Goods, acquiring equivalent goods or having the Goods repaired.
LIABILITY OF CARRIER. Carrier, while in possession of any Commodity will not be liable for any loss thereof, damage thereto or delay caused by the act of God, the public enemy, quarantine, the authority of law, strikes, riots, or the act or default of the Shipper, or from any other cause not due to the negligence of Carrier. In the event there is any loss of Commodities other than through the negligence of Carrier, the Shipper shall bear the ▇▇▇▇ in the same proportion that the amount of the Tendered Commodity bears to the total amount of the consignment of which such Tender is a part and such Shipper shall be entitled to receive only such remaining portion of its Tender as is left after deducting its due portion of the loss.
LIABILITY OF CARRIER. The carrier of the goods, herein described is liable for any loss of or damage to goods accepted by him or his agent except as here- inafter provided.
LIABILITY OF CARRIER. 8.1 LEA is not and does not undertake any carriage as a common carrier nor does LEA accept the obligations of a common carrier nor shall any such obligations be implied.
8.2 Except as expressly provided in these Conditions, LEA shall not be liable to the Charterer in any manner whatsoever (whether in tort or contract) for any indirect or consequential loss or damage whatsoever.
8.3 The liability of LEA (or any substitute carrier) in relation to the carriage by air of passengers and their luggage shall be governed by the General Conditions of Carriage of LEA, a copy of which is attached (or those of the substitute carrier, a copy of which will be available on request) and of which, through the Charterer as their agent, all passengers on the Charter shall be deemed to have received notice.
LIABILITY OF CARRIER. 14.1. The Carrier does not undertake any carriage as a common carrier.
14.2. Except as expressly provided in the Agreement and in respect of any liability which may not lawfully be excluded the Carrier shall not be liable to the Charterer in any manner whatsoever (whether arising from the negligence of the Carrier its employees or agents or otherwise) for any loss or damage whatsoever (including without limitation consequential loss) provided that this shall not exclude or restrict the Carrier’s liability for death or personal injury resulting from the negligence of the Carrier its employees or agents, or liability for fraud or fraudulent misrepresentation.
14.3. All liabilities in relation to the carriage by air of passengers and their luggage shall be governed by the Conditions of Carriage.
LIABILITY OF CARRIER. 16.1 The following provisions set out the entire financial liability of the Carrier (including any liability for the acts or omissions of its employees, agents and subcontractors) to the Charterer in respect of:
16.1.1 any breach of these terms and conditions;
16.1.2 any representation, statement, or tortuous act or omission including negligence arising under or in connection with the Agreement.
16.2 All warranties, conditions and other terms implied by statute or common law are to the fullest extent permitted by law excluded from the Agreement.
16.3 Nothing in these terms and conditions excludes or limits the liability of the Carrier:
16.3.1 for death or personal injury caused by the Carrier’s negligence; or
16.3.2 for fraud or fraudulent misrepresentation.
16.4 Subject to conditions 16.2 and 16.3:
16.4.1 the Carrier’s total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of the Agreement shall be limited to the Charter Price;
LIABILITY OF CARRIER. Carrier does not undertake any carriage as a common carrier or accept the obligations of a common carrier. Carrier does not accept any liability whatsoever (including without limitation consequential loss) whether for death to, or injury or delay of, passengers or loss of, damage to, or delay of, baggage or cargo whether arising in contract or in tort, including negligence or otherwise, and whether occasioned by Carrier, its employees, servants or agents (any such liability being hereby excluded). Carriage shall be subject to the rules and limitation relating to liability and to all other provisions established by the Warsaw Convention or by that Convention as amended from time to time and/or by any other treaty or convention applicable to such carriage insofar as such carriage is "international carriage" as therein defined. Carriage which is not so governed shall be subject to all applicable laws which extend provisions of the Convention to such carriage or which otherwise limit Carrier's liability.
LIABILITY OF CARRIER. 14.1. Subject to clause 14.3, the following provisions set out the entire financial liability of IFAC (including any liability for the acts or omissions of its employees, agents and sub-contractors) to the Charterer in respect of:
14.1.1. any breach of these Terms;
14.1.2. any representation, statement, or tortuous act or omission including gross negligence arising under or in connection with the subject matter of the Agreement.
14.2. Subject to clause 14.3, all warranties, conditions and other terms implied by statute or common law are to the fullest extent permitted by law excluded from the Agreement.
14.3. Nothing in these Terms shall be construed so as to exclude or limit IFAC’s liability in respect of Passengers or Baggage as set out in the Conditions of Carriage. In the event of any apparent contradiction between the provisions of this clause 14 and of the liability provisions set out in the Conditions of Carriage, the liability provisions of the Conditions of Carriage shall prevail to the extent necessary to resolve such contradiction.
14.4. Subject to Conditions 14.2 and 14.3:
14.4.1. IFAC’s total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the subject matter of the Agreement shall not exceed a sum equal to the Charter Price;
14.4.2. IFAC shall not be liable to the Charterer for any loss (whether directly or indirectly caused and whether foreseeable or not) of profits, contracts, business, opportunities, revenue, turnover, management time, reputation or goodwill.
LIABILITY OF CARRIER. Carrier, while in possession of any Crude Petroleum will not be liable for any loss thereof: damage thereto, or delay caused by the act of God, the public enemy, quarantine, the authority of law, strikes, riots or the act or default of the Shipper, or from any other cause not due to the negligence of Carrier. In the event there is any loss of Crude Petroleum other than through the negligence of the Carrier, the Shipper shall bear such loss in the same proportion that the amount of its Tendered Crude Petroleum scheduled for Transportation over such segment at the time of the loss bears to the total amount of Crude Petroleum then Tendered and scheduled for Transportation over such segment. Such Shipper(s) shall be entitled to receive only such remaining portion of its Tender as is left after deducting its due portion of the loss. ExhibitC-2 (Tolls)
LIABILITY OF CARRIER. Carrier does not undertake any carriage as a common carrier or accept the obligations of a common carrier. Carrier does not accept any liability whatsoever (including without limitation consequential loss) whether for death to, or injury or delay of, passengers or loss of, damage to, or delay of, baggage or cargo whether arising in contract or in tort, including negligence or otherwise, and whether occasioned by Carrier, its employees, servants or agents (any such liability being hereby excluded). Carriage shall be subject to the rules and limitation relating to liability and geçişi ve uçuşun varış noktası ▇▇▇▇ ülkeye girişi sağlamak için gerekli tüm pasaport, vize, sağlık ve diğer belgeleri haiz olacağını beyan ve taahhüt ▇▇▇▇. Herhangi bir göçmenlik otoritesinin Taşıyıcı, çalışanları, hizmetlileri ve acentalarına herhangi bir ceza veya yaptırım uygulaması veya herhangi bir yolcunun ülkeye girişini reddetmesi nedeniyle Taşıyıcının söz konusu yolcuyu kalkış noktasına veya başka bir noktaya taşımasının gerekmesi durumunda, Müşteri, bu şekilde yüklenilen tüm ceza, yaptırım, masraf ve giderleri Taşıyıcının ▇▇▇▇▇▇ üzerine ödeyecektir.