COMPENSATION FOR LOSS AND DAMAGE. 7.1 Unless otherwise mandated by compulsorily applicable law, Xxxxxxx's liability for compensation for loss of or damage to goods shall in no case exceed the amount of US $500 per package or per customary freight unit, unless Merchant, with the consent of Carrier, has declared a higher value for the goods in the space provided on the front of this Bill of Lading and paid extra freight per Carrier's tariff, in which case such higher value shall be the limit of Carrier's liability. Any partial loss or damage shall be adjusted pro rata on the basis of such declared value. Where a container is stuffed by Shipper or on its behalf, and the container is sealed when received by Carrier for shipment, Xxxxxxx's liability will be limited to US $500 with respect to the contents of each such container, except when the Shipper declares the value on the face hereof and pays additional charges on such declared value as stated in Carrier's tariff. The freight charged on sealed containers when no higher valuation is declared by the Shipper is based on a value of US $500 per container. However, Carrier shall not, in any case, be liable for an amount greater than the actual loss to the person entitled to make the claim. Carrier shall have the option of replacing lost goods or repairing damaged goods.
COMPENSATION FOR LOSS AND DAMAGE. 1. When investments of investors of either Contracting Party suffer losses or losses due to war, armed conflict, national emergency, revolt, insurrection, revolt, or other similar events in the territory of the other Contracting Party, they shall be accorded the treatment of the last Contracting Party in relation to Restitution, indemnity, compensation or other remedy, no less favorable than that accorded by the last Contracting Party to its own investors or investors of any third State.
COMPENSATION FOR LOSS AND DAMAGE. If equipment is lost or damaged, You shall be responsible to us for the new replacement cost value (including expedited shipping) or repair costs of the Equipment (if the Equipment can be restored, by repair, to its pre-loss condition) - whichever is less. Our determination whether the damaged equipment shall be replaced or repaired shall be conclusive. Rental fees at the standard full daily rental rate per day for any lost, damaged or stolen equipment shall continue to accrue per day until we have received payment for such equipment. (In effect, the lost or damaged item has not been returned until receiving payment effectively “returns” the item.) Any such lost or damaged item shall be considered a Late Return for the period between the expected return date and when payment is received. Accrued rental charges shall not be applied against the purchase price or cost of repair of the lost, stolen or damaged Equipment.
COMPENSATION FOR LOSS AND DAMAGE. 1. Except when applying Article (6), the investors of one of the Contracting Parties whose investments in the territory of the other Contracting Party are exposed to losses due to war, armed conflict, national emergency, revolution, civil unrest, rebellion, riots, or other similar events in the territory of the other Contracting Party, shall be granted with regard to restoring conditions to what they were, a guarantee or compensation for losses or any other settlement, treatment no less favourable than that granted by the latter Contracting Party to its investors or to the investors of any third party, whichever is more favourable for the investor.
COMPENSATION FOR LOSS AND DAMAGE. 7.1 Unless the shipper declares a higher value as provided at Clause 7.6, Carrier’s liability is limited as follows: (a) for loss or damage occurring during any portion of the Carriage governed by COGSA by force of law, Carrier’s liability is limited to a maximum of $500 per package of the portions of Goods adversely affected, or for Goods not shipped in packages, per customary freight unit; (b) for loss or damage occurring during any portion where COGSA is otherwise incorporated herein but is not applicable by force of law, to include periods of domestic water carriage and inland (surface) transportation, Carrier’s liability is limited to a maximum of the lesser of $500 per Package or $0.50 per pound of the portion of Goods adversely affected; (c) for error or omissions arising from non-carrier service ancillary to the Carriage, Carrier’s liability is limited to its independent negligence and to $40 per shipment; (d) in the event of loss or damage subject to mandatory applicable law which invalidates Carrier’s otherwise applicable maximum contractual liability hereunder, Carrier’s liability is limited to the lowest amount permissible by and in accordance with such applicable law. However, Carrier shall not, in any case, be liable for an amount greater than the actual loss to the person entitled to make the claim. Carrier shall have the option of replacing lost goods or repairing damaged goods.
