a. Under no circumstances will the Company be liable for any claims for loss, damage to goods, or delay and failure to delivery of goods, except when the damages or loss are a direct result of the Company’s gross negligence or willful misconduct. The liability of the Company, if any, will be limited in accordance with these Conditions.
b. In the event of a claim related to loss, damage, delay, non-delivery or any other events giving rise to the claim, the Company’s sole responsibility is to communicate information between the Customer and the third-party service provider that actually performed the Services. The Carrier’s maximum liability is subject to applicable convention, law or regulations and may be further limited by the Carrier’s Terms and Conditions of service. The Customer hereby understands and agrees that the Carrier may limit their liability or the Customers ability to recover damages or losses, and the Company is under no obligation to ensure the Carrier, Agent or Independent Contractors, accept responsibility for loss, damage, delay or any claims in respect to the Goods, or as a result of the transportation and services offered.
c. The Customer on its own behalf and on behalf of the owner of the goods will notify the Company in writing of any claim:
(i) in case of loss and/or damage to goods, within 7 days of the completion of transit;
(ii) in case of delay in delivery or non-delivery, within 30 days of the date when the goods were scheduled to be delivered; and
(iii) in any other case, within 45 days of the event giving rise to the claim.
d. The Customer will file any claims related to customs services or warehouse services in a timely manner in accordance with the third-party service provider’s, carrier’s, agent’s or independent contractor’s terms and conditions.
e. If loss or damage to goods giving rise to a claim is not discoverable by the Customer the foregoing time periods, the Customer will give notice of such claim to the Company immediately upon discovering such loss or damage to goods. If Customer fails provide such information, or to claim within the required time periods, and the Customer will not bring any action against the Company to enforce the claim and will indemnify and hold the Company Parties harmless from and against any Liabilities arising from such claims.
f. Regardless of the liability determined in the third-party service provider, carrier’s, or independent contractor’s terms and conditions, the maximum liability of the Company in any event will be the lesser of $2.00 per pound of goods based on the currency of the consignee’s location, to a maximum of $10,000 per transaction. The third-party service provider, carrier’s, or independent contractor’s terms and conditions may further limit this liability.
g. Neither the Company nor third-party service providers, carriers, agents, independent contractors will be liable for:
(i) goods damaged due to packaging, loading, unloading, blocking, bracing or securing of the goods by the Customer;
(ii) goods damaged due to inherent vice or defect of goods, including but not limited to: rusting of metals, swelling of wood, deterioration of perishable products or damages caused by extreme weather conditions;
(iii) goods damaged as a result of a Force Majeure;
(iv) goods damaged due to a lack of or incomplete or inaccurate instructions provided by the Customer, owner of the goods and/or consignee;
(v) the loss of or damage to goods resulting from any violations of applicable laws or regulations due to the failure of the Customer to disclose information to the Company in relation to the handling or transport regulations or laws applicable to such goods;
(vi) the loss of or damage to goods resulting from the goods exceeding the weight limitations set out by regulatory bodies having jurisdiction; and
(vii) goods stopped during transit at the request of the Customer.
The Customer will indemnify and hold the Company Parties harmless from and against any and all Liability that arise from to the foregoing.
h. Upon delivery, if the goods show any evidence which may indicate potential or obvious damage of goods, the Customer will sign the documentation marking the goods as ‘Damaged’ and retain a copy of the documentation. The Customer will notify the Company promptly of such damages. If the Customer fails to notify the Company within 15 days of delivery, the Company will have no Liability for the damages to or loss of the goods. The Customer will, or will cause the consignee to, preserve and make available to the third-part service providers, carriers, agents or independent contractors evidence of damaged goods, the packaging, blocking, and bracing. Failure by the Company, a third-party service provider, carrier, agent or independent contractor to inspect the goods is not an admission of liability.
i. For any international ocean or air shipments, the maximum liability will be 2 Special Drawing Rights (SDR) per kilogram. All other provisions for claims will be in accordance with these Conditions.
j. If the Customer makes a claim for loss of or damage to goods, the Customer agrees that it will not be entitled to setoff against or withhold any amounts owning to the Company related to outstanding invoices.