Common use of LOSS OR DAMAGE IN TRANSIT Clause in Contracts

LOSS OR DAMAGE IN TRANSIT. Without prejudice to the provisions of clause 5 and subject to clause 11, the Seller shall not in any case be liable for loss or damage to Supplies in transit unless: (a) such loss or damage is caused by the Seller’s negligence; and (b) the carriers and the Seller are notified thereof in writing, in the case of damage or shortage, within three days of delivery or, in the case of non-delivery, within a reasonable time after the date upon which the Supplies would have been delivered in the normal course of events; and (c) in the case of damage to Supplies, those Supplies are returned to the Seller, carriage paid, for inspection within seven days of delivery.