Common use of LIABILITY OF CARRIER Clause in Contracts

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. 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;.