Common use of Disclaimers; Limitation of Liability Clause in Contracts

Disclaimers; Limitation of Liability. a) Except as specifically set forth herein, COMPANY MAKES NO EXPRESS OR IMPLIED WARRANTIES IN CONNECTION WITH ITS SERVICES, INCLUDING THE IMPLIED WARRANTY OF MERCHANTABILITY OR THE IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. a) Limitation of Damages for Goods. Company shall not be liable for any loss or damage to, or delay with respect to, Goods tendered, stored, transport or handled, however caused except to the extent such loss or damage resulted directly and proximately from the failure by Company to exercise such care in regard to them as a reasonably careful person would exercise under like circumstances and Company is not liable for damages which could not have been avoided by the exercise of such care. Unless additional liability is requested in accordance with the provisions set forth herein, Customer declares that damages for loss, damage or delay are limited to the lesser of $.50 per pound per package, $10,000 per occurrence, or the cost to repair or replace the Goods, provided. The provisions of this section shall apply to stored Goods regardless of whether Company has issued a warehouse receipt covering the Goods in question. b) In further consideration of the rates herein, and in keeping with the definitions of Company’s legal liability as a warehouseman contained herein and in Article 7-204 of the Uniform Commercial Code, Customer agrees to a shrinkage allowance of 0.5 % of the value of the Goods stored for which, in the case of loss or damage to Goods or mysterious disappearance, however caused, Company will not be liable. c) In connection with all services performed by the Company, Customer may request that Company assume additional liability for loss or damage to Goods, up to the lesser of the cost to repair or replace the Goods, or the value declared by Customer in making any such request. Any such request must be made at the time Customer initially requests that Company provide Services and will be subject to an additional fee to be included in Company’s quote. d) In the absence of additional coverage under (c) above, the Company’s liability for damages, if any, including, without limitation, damage to products or other Goods contained or to be contained in the packaging or crates provided by the Company in connection with the packing services, shall be strictly limited to the price paid by the Customer for Services provided by the Company related to the specific lost or damaged product(s) or good(s) during the one (1) year period preceding the date of damage or loss; e) In no event shall Company be liable or responsible for any special, consequential, indirect, incidental, exemplary, statutory or punitive damages, including, without limitation, loss of revenue or loss of profits, nor shall the Company bear any liability for the acts or negligence of any third parties, regardless of the form of action, whether in contract or in tort, regardless of cause and even if caused by the Company’s negligence, even if it has been put on notice of the possibility of such damages.

Disclaimers; Limitation of Liability. Whether Company acts carrier or freight forwarder or carrier, Company's liability is limited to (a) Except as specifically set forth herein, COMPANY MAKES NO EXPRESS OR IMPLIED WARRANTIES IN CONNECTION WITH ITS SERVICESCompany makes no express or implied warranties in connection with its services, INCLUDING THE IMPLIED WARRANTY OF MERCHANTABILITY OR THE IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSEincluding without limitation, warranties of merchantability or fitness for a particular purpose, with regard to shipments, warehoused goods, items in transit or deliveries or with regard to the information provided on the website or services related to transactions conducted on the website. Company cannot guarantee delivery by any specific time or date. a(b) Limitation of Damages for GoodsSubject to (c) below. Customer agrees that in connection with any and all services performed by the Company, the Company shall not only be liable for its grossly negligent acts, which are the direct proximate cause of any loss or damage toinjury to Customer, or delay with respect to, Goods tendered, stored, transport or handled, however caused except to the extent such loss or damage resulted directly and proximately from the failure by Company to exercise such care in regard to them as a reasonably careful person would exercise under like circumstances and Company is not liable for damages which could not have been avoided by the exercise of such care. Unless additional liability is requested in accordance with the provisions set forth herein, Customer declares that damages for loss, damage or delay are limited to the lesser of $.50 per pound per package, $10,000 per occurrence, or the cost to repair or replace the Goods, provided. The provisions of this section shall apply to stored Goods regardless of whether Company has issued a warehouse receipt covering the Goods in question. b) In further consideration of the rates herein, and in keeping with the definitions of Company’s legal liability as a warehouseman contained herein and in Article 7-204 of the Uniform Commercial Code, Customer agrees to a shrinkage allowance of 0.5 % of the value of the Goods stored for which, in the case of including loss or damage to Goods or mysterious disappearanceCustomer’s goods, however caused, and the Company will not shall in no event be liable.liable for the acts of the third parties; (c) In connection with all services performed by the Company, Customer may request that Company assume obtain additional liability for loss or damage to Goodscoverage, up to the lesser actual or declared value of the cost shipment transaction, by requesting such coverage and agreeing to repair or replace the Goodsmake payment therefore, or the value declared by Customer in making any such request. Any such which request must be made at confirmed in writing by the time Customer initially requests that Company provide Services and will be subject prior to an additional fee to be included in Company’s quote.rendering services for the covered transaction(s); (d) In the absence of additional coverage under (c) above, the Company’s liability for damages, if any, including, without limitation, damage to products or other Goods contained or to be contained in the packaging or crates provided by the Company in connection with the packing services, shall be strictly limited to the price paid by the Customer for Services provided by the Company related to the specific lost $50.00 per shipment or damaged product(s) transaction, or good(s) during the one $0.50 cents per pound, whichever is less. (1) year period preceding the date of damage or loss; e) In no event shall the Company be liable or responsible for any special, consequential, indirect, incidental, exemplary, statutory or punitive damages, including, without limitation, loss of revenue or loss of profits, nor shall the Company bear any liability for the acts or negligence of any third parties, regardless of the form of action, whether in contract or in tort, regardless of cause and even if caused by the Company’s negligence, damages even if it has been put on notice of the possibility of such damages. (f) Customer will look solely to insurance provided by the carrier for damage to goods in transit. (g) Customer acknowledges a claim for damages does not relieve it for payment under the terms of this Agreement. Timely payment is a condition precedent to the processing of a damage or insurance claim. All freight cargo claims should be submitted immediately to Company to help ensure timely resolution. GLB Trucking, LLC will attempt to assist in the resolution of freight claims, but has no responsibility or liability therefore. Where a damage claim is submitted with carrier on behalf of Customer, GLB Trucking, LLC has a lien on any amounts recovered to the extent of open past due invoices on the Customer’s account.

Disclaimers; Limitation of Liability. (a) Except as specifically set forth herein, COMPANY MAKES NO EXPRESS OR IMPLIED WARRANTIES IN CONNECTION WITH ITS SERVICESCompany makes no express or implied warranties in connection with its services; (b) Subject to (d) below, INCLUDING THE IMPLIED WARRANTY OF MERCHANTABILITY OR THE IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. a) Limitation of Damages for Goods. Customer agrees that in connection with any and all services performed by the Company, the Company shall not only be liable for its negligent acts, which are the direct and proximate cause of any loss or damage toinjury to Customer, or delay with respect to, Goods tendered, stored, transport or handled, however caused except to the extent such loss or damage resulted directly and proximately from the failure by Company to exercise such care in regard to them as a reasonably careful person would exercise under like circumstances and Company is not liable for damages which could not have been avoided by the exercise of such care. Unless additional liability is requested in accordance with the provisions set forth herein, Customer declares that damages for loss, damage or delay are limited to the lesser of $.50 per pound per package, $10,000 per occurrence, or the cost to repair or replace the Goods, provided. The provisions of this section shall apply to stored Goods regardless of whether Company has issued a warehouse receipt covering the Goods in question. b) In further consideration of the rates herein, and in keeping with the definitions of Company’s legal liability as a warehouseman contained herein and in Article 7-204 of the Uniform Commercial Code, Customer agrees to a shrinkage allowance of 0.5 % of the value of the Goods stored for which, in the case of including loss or damage to Goods or mysterious disappearanceCustomer's goods, however caused, and the Company will not shall in no event be liable.liable for the acts of third parties; (c) In connection with all services performed by the Company, Customer may request that Company assume obtain additional liability for loss or damage to Goodscoverage, up to the lesser actual or declared value of the cost shipment or transaction, by requesting such coverage and agreeing to repair or replace the Goodsmake payment therefor, or the value declared by Customer in making any such request. Any such which request must be made at confirmed in writing by the time Customer initially requests that Company provide Services and will be subject prior to an additional fee to be included in Company’s quoterendering services for the covered transaction(s). (d) In the absence of additional coverage under (c) above, the Company’s 's liability for damages, if any, including, without limitation, damage to products or other Goods contained or to be contained in the packaging or crates provided by the Company in connection with the packing services, shall be strictly limited to the price following: (i) where the claim arises from activities other than those relating to customs brokerage, $50.00 per shipment or transaction, or (ii) where the claim arises from activities relating to "Customs business," $50.00 per entry or the amount of brokerage fees paid by to Company for the Customer for Services provided by the Company related to the specific lost or damaged product(s) or good(s) during the one (1) year period preceding the date of damage or lossentry, whichever is less; (e) In no event shall Company be liable or responsible for any special, consequential, indirect, incidental, exemplary, statutory or punitive damages, including, without limitation, loss of revenue or loss of profits, nor shall the Company bear any liability for the acts or negligence of any third parties, regardless of the form of action, whether in contract or in tort, regardless of cause and even if caused by the Company’s negligence, damages even if it has been put on notice of the possibility of such damages. (f) In no event shall Company be liable or responsible for damages attributable to circumstances of Force Majeure. For purposes of these Terms and Conditions, Force Majeure includes, but is not limited to, Acts of God, acts of the public enemy, assailing thieves, Laws and Regulations, wars or warlike action (whether actual or impending) arrests and other restraints of government (civil or military), blockades, insurrections, riots, epidemics, landslides, lightning, earthquakes, fires, sabotage, tropical storms and hurricanes, civil disturbances, tidal waves, explosions, confiscation or seizure by any government or other public authority, and any other causes, whether of the kind herein enumerated or otherwise, that are not reasonably within the control of Company and that could not have been overcome by the exercise of ordinary diligence. Company shall notify Customer with reasonable promptness of the existence of any such Force Majeure and the probable duration thereof, and shall provide Customer from time to time with correct information concerning same.

Disclaimers; Limitation of Liability. Whether Company acts carrier or freight forwarder or carrier, Company's liability is limited to (a) Except as specifically set forth herein, COMPANY MAKES NO EXPRESS OR IMPLIED WARRANTIES IN CONNECTION WITH ITS SERVICESCompany makes no express or implied warranties in connection with its services, INCLUDING THE IMPLIED WARRANTY OF MERCHANTABILITY OR THE IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSEincluding without limitation, warranties of merchantability or fitness for a particular purpose, with regard to shipments, warehoused goods, items in transit or deliveries or with regard to the information provided on the website or services related to transactions conducted on the website. Company cannot guarantee delivery by any specific time or date. a(b) Limitation of Damages for GoodsSubject to (c) below. Customer agrees that in connection with any and all services performed by the Company, the Company shall not only be liable for its grossly negligent acts, which are the direct proximate cause of any loss or damage toinjury to Customer, or delay with respect to, Goods tendered, stored, transport or handled, however caused except to the extent such loss or damage resulted directly and proximately from the failure by Company to exercise such care in regard to them as a reasonably careful person would exercise under like circumstances and Company is not liable for damages which could not have been avoided by the exercise of such care. Unless additional liability is requested in accordance with the provisions set forth herein, Customer declares that damages for loss, damage or delay are limited to the lesser of $.50 per pound per package, $10,000 per occurrence, or the cost to repair or replace the Goods, provided. The provisions of this section shall apply to stored Goods regardless of whether Company has issued a warehouse receipt covering the Goods in question. b) In further consideration of the rates herein, and in keeping with the definitions of Company’s legal liability as a warehouseman contained herein and in Article 7-204 of the Uniform Commercial Code, Customer agrees to a shrinkage allowance of 0.5 % of the value of the Goods stored for which, in the case of including loss or damage to Goods or mysterious disappearanceCustomer’s goods, however caused, and the Company will not shall in no event be liable.liable for the acts of the third parties; (c) In connection with all services performed by the Company, Customer may request that Company assume obtain additional liability for loss or damage to Goodscoverage, up to the lesser actual or declared value of the cost shipment transaction, by requesting such coverage and agreeing to repair or replace the Goodsmake payment therefore, or the value declared by Customer in making any such request. Any such which request must be made at confirmed in writing by the time Customer initially requests that Company provide Services and will be subject prior to an additional fee to be included in Company’s quote.rendering services for the covered transaction(s); (d) In the absence of additional coverage under (c) above, the Company’s liability for damages, if any, including, without limitation, damage to products or other Goods contained or to be contained in the packaging or crates provided by the Company in connection with the packing services, shall be strictly limited to the price paid by the Customer for Services provided by the Company related to the specific lost $50.00 per shipment or damaged product(s) transaction, or good(s) during the one $0.50 cents per pound, whichever is less. (1) year period preceding the date of damage or loss; e) In no event shall the Company be liable or responsible for any special, consequential, indirect, incidental, exemplary, statutory or punitive damages, including, without limitation, loss of revenue or loss of profits, nor shall the Company bear any liability for the acts or negligence of any third parties, regardless of the form of action, whether in contract or in tort, regardless of cause and even if caused by the Company’s negligence, damages even if it has been put on notice of the possibility of such damages. (f) Customer will look solely to insurance provided by the carrier for damage to goods in transit. (g) Customer acknowledges a claim for damages does not relieve it for payment under the terms of this Agreement. Timely payment is a condition precedent to the processing of a damage or insurance claim. All freight cargo claims should be submitted immediately to Company to help ensure timely resolution. HD Logistics, LLC will attempt to assist in the resolution of freight claims, but has no responsibility or liability therefore. Where a damage claim is submitted with carrier on behalf of Customer, HD Logistics, LLC has a lien on any amounts recovered to the extent of open past due invoices on the Customer’s account.

Disclaimers; Limitation of Liability. Whether Company acts carrier or freight forwarder or carrier, Company's liability is limited to (a) Except as specifically set forth herein, COMPANY MAKES NO EXPRESS OR IMPLIED WARRANTIES IN CONNECTION WITH ITS SERVICESCompany makes no express or implied warranties in connection with its services, INCLUDING THE IMPLIED WARRANTY OF MERCHANTABILITY OR THE IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSEincluding without limitation, warranties of merchantability or fitness for a particular purpose, with regard to shipments, warehoused goods, items in transit or deliveries or with regard to the information provided on the website or services related to transactions conducted on the website. Company cannot guarantee delivery by any specific time or date. a(b) Limitation of Damages for GoodsSubject to (c) below. Customer agrees that in connection with any and all services performed by the Company, the Company shall not only be liable for its grossly negligent acts, which are the direct proximate cause of any loss or damage toinjury to Customer, or delay with respect to, Goods tendered, stored, transport or handled, however caused except to the extent such loss or damage resulted directly and proximately from the failure by Company to exercise such care in regard to them as a reasonably careful person would exercise under like circumstances and Company is not liable for damages which could not have been avoided by the exercise of such care. Unless additional liability is requested in accordance with the provisions set forth herein, Customer declares that damages for loss, damage or delay are limited to the lesser of $.50 per pound per package, $10,000 per occurrence, or the cost to repair or replace the Goods, provided. The provisions of this section shall apply to stored Goods regardless of whether Company has issued a warehouse receipt covering the Goods in question. b) In further consideration of the rates herein, and in keeping with the definitions of Company’s legal liability as a warehouseman contained herein and in Article 7-204 of the Uniform Commercial Code, Customer agrees to a shrinkage allowance of 0.5 % of the value of the Goods stored for which, in the case of including loss or damage to Goods or mysterious disappearanceCustomer’s goods, however caused, and the Company will not shall in no event be liable.liable for the acts of the third parties; (c) In connection with all services performed by the Company, Customer may request that Company assume obtain additional liability for loss or damage to Goodscoverage, up to the lesser actual or declared value of the cost shipment transaction, by requesting such coverage and agreeing to repair or replace the Goodsmake payment therefore, or the value declared by Customer in making any such request. Any such which request must be made at confirmed in writing by the time Customer initially requests that Company provide Services and will be subject prior to an additional fee to be included in Company’s quote.rendering services for the covered transaction(s); (d) In the absence of additional coverage under (c) above, the Company’s liability for damages, if any, including, without limitation, damage to products or other Goods contained or to be contained in the packaging or crates provided by the Company in connection with the packing services, shall be strictly limited to the price paid by the Customer for Services provided by the Company related to the specific lost $50.00 per shipment or damaged product(s) transaction, or good(s) during the one $0.50 cents per pound, whichever is less. (1) year period preceding the date of damage or loss; e) In no event shall the Company be liable or responsible for any special, consequential, indirect, incidental, exemplary, statutory or punitive damages, including, without limitation, loss of revenue or loss of profits, nor shall the Company bear any liability for the acts or negligence of any third parties, regardless of the form of action, whether in contract or in tort, regardless of cause and even if caused by the Company’s negligence, damages even if it has been put on notice of the possibility of such damages. (f) Customer will look solely to insurance provided by the carrier for damage to goods in transit. (g) Customer acknowledges a claim for damages does not relieve it for payment under the terms of this Agreement. Timely payment is a condition precedent to the processing of a damage or insurance claim. All freight cargo claims should be submitted immediately to Company to help ensure timely resolution. Freight Connect, LLC will attempt to assist in the resolution of freight claims, but has no responsibility or liability therefore. Where a damage claim is submitted with Carrier on behalf of Customer, Freight Connect LLC has a lien on any amounts. Recovered to the extent of open past due invoices on the Customer’s account.

Disclaimers; Limitation of Liability. Company's liability is limited to: (a) Except as specifically set forth herein, COMPANY MAKES NO EXPRESS OR IMPLIED WARRANTIES IN CONNECTION WITH ITS SERVICESCompany makes no express or implied warranties in connection with its services, INCLUDING THE IMPLIED WARRANTY OF MERCHANTABILITY OR THE IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSEincluding without limitation, warranties of merchantability or fitness for a particular purpose, with regard to shipments, warehoused goods, items in transit or deliveries or with regard to the information provided on the website or services related to transactions conducted on the website. Company cannot guarantee delivery by any specific time or date. a(b) Limitation of Damages for GoodsSubject to (c) below. Customer agrees that in connection with any and all services performed by the Company, the Company shall not only be liable for its grossly negligent acts, which are the direct proximate cause of any loss or damage toinjury to Customer, or delay with respect to, Goods tendered, stored, transport or handled, however caused except to the extent such loss or damage resulted directly and proximately from the failure by Company to exercise such care in regard to them as a reasonably careful person would exercise under like circumstances and Company is not liable for damages which could not have been avoided by the exercise of such care. Unless additional liability is requested in accordance with the provisions set forth herein, Customer declares that damages for loss, damage or delay are limited to the lesser of $.50 per pound per package, $10,000 per occurrence, or the cost to repair or replace the Goods, provided. The provisions of this section shall apply to stored Goods regardless of whether Company has issued a warehouse receipt covering the Goods in question. b) In further consideration of the rates herein, and in keeping with the definitions of Company’s legal liability as a warehouseman contained herein and in Article 7-204 of the Uniform Commercial Code, Customer agrees to a shrinkage allowance of 0.5 % of the value of the Goods stored for which, in the case of including loss or damage to Goods or mysterious disappearanceCustomer’s goods, however caused, and the Company will not shall in no event be liable.liable for the acts of the third parties; (c) In connection with all services performed by the Company, Customer may request that Company assume obtain additional liability for loss or damage to Goodscoverage, up to the lesser actual or declared value of the cost shipment transaction, by requesting such coverage and agreeing to repair or replace the Goodsmake payment therefore, or the value declared by Customer in making any such request. Any such upon which request must be made at confirmed in writing by the time Customer initially requests that Company provide Services and will be subject prior to an additional fee to be included in Company’s quote.rendering services for the covered transaction(s); (d) In the absence of additional coverage under (c) above, the Company’s liability for damages, if any, including, without limitation, damage to products or other Goods contained or to be contained in the packaging or crates provided by the Company in connection with the packing services, shall be strictly limited to the price paid by the Customer for Services provided by the Company related to the specific lost $50.00 per shipment or damaged product(s) transaction, or good(s) during the one $0.50 cents per pound, whichever is less. (1) year period preceding the date of damage or loss; e) In no event shall the Company be liable or responsible for any special, consequential, indirect, incidental, exemplary, statutory or punitive damages, including, without limitation, loss of revenue or loss of profits, nor shall the Company bear any liability for the acts or negligence of any third parties, regardless of the form of action, whether in contract or in tort, regardless of cause and even if caused by the Company’s negligence, damages even if it has been put on notice of the possibility of such damages. (f) Customer will look solely to insurance provided by the carrier or other 3rd Party for damage to goods in transit. (g) Customer acknowledges a claim for damages does not relieve it from payment under the terms of this Agreement. Timely payment is a condition precedent to the processing of a damage or insurance claim. All freight cargo claims should be submitted immediately to Company to help ensure timely resolution Astra Supply Chain will attempt to assist in the resolution of freight claims, but has no responsibility or liability therefore. Where a damage claim is submitted with carrier on behalf of Customer, Astra Supply Chain has a lien on any amounts recovered to the extent of open past due invoices on the Customer’s account. (h) Company is not liable for any loss, damage, mis‐delivery or non‐delivery caused by (i) the act, default or omission of Customer or any other party who claims interest in the shipment, including but not limited to, improper or insufficient packaging, securing, marking or addressing, or (ii) the nature of the shipment or any defect therein, or (iii) a violation by Customer of any provision of this Agreement, the ▇▇▇▇ of lading, or (iv) failure to observe any of the rules relating to shipments not acceptable for transportation or shipments acceptable only under certain conditions, or (v) acts of God, perils of the air, public enemies, public authorities, acts or omissions of Customs or quarantine officials, war, riots, strikes, labor disputes, shortages, weather conditions or mechanical delay or failure of vehicles, aircraft or other equipment, or (vi) the acts or omissions of any person other than employees of Company. (i) Customer acknowledges that in order to provide competitive rates for the services requested, that the parties have agreed as a material term of this Agreement that the burden of any loss or damage incurred as a result of Company’s alleged liability has been shifted to Customer, and that in any event the maximum amount of Company’s liability is limited to $50.00 per shipment or transaction, or $0.50 cents per pound, whichever is less. Customer specifically acknowledges that Company shall have no liability for negligent acts or omissions of its employees except to the extent such actions or omissions constituted gross negligence. (j) Under these circumstances listed in subsection (a) of this section, Customer will look solely to insurance provided by the Carrier for damage to goods in transit, if Customer has requested Company to procure one. (k) The Company; irrespective of any time definite notations for required delivery made by the Customer on any communication or ▇▇▇▇ of Lading ; is not liable for ANY damages if shipment misses the Customer specified delivery window. All Company provided services are to be considered performed on a best efforts basis. Our Services do not include a guarantee of a definite time or date or delivery. For that type of service another higher cost provider should be contacted by Customer.

Disclaimers; Limitation of Liability. (a) Except as specifically set forth hereinCompany and its affiliates shall not, COMPANY MAKES NO EXPRESS OR IMPLIED WARRANTIES IN CONNECTION WITH ITS SERVICESunder any circumstances, INCLUDING THE IMPLIED WARRANTY OF MERCHANTABILITY OR THE IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSEbe liable for any loss or destruction of or damage to the goods, however caused, unless such loss, damage or destruction arises directly and exclusively from Company’s gross negligence or intentional misconduct. a(b) Limitation of Damages for Goods. Company and its affiliates shall not be liable for any loss or damage to, or delay with respect to, Goods tendered, stored, transport or handled, however caused except to the extent such loss destruction of or damage resulted directly and proximately from the failure by Company to exercise such care in regard to them as a reasonably careful person would exercise under like circumstances and Company is not liable for damages which goods that could not have been avoided by the exercise of such reasonable care. Unless additional Company and Customer agree that the foregoing duty of care above does not require Company to provide or maintain a sprinkler system at any warehouse. (c) Company will have no liability is requested for lost or damaged Goods (i) caused by any defects in accordance with the provisions packaging or manufacture of such Goods, (ii) attributable to carriers (contract or otherwise), (iii) delivered to Company in a damaged condition, (iv) attributable to concealed damage or data entry errors, (v) as a result of the negligence or intentional misconduct of Customer or any of its employees, agents or subcontractors (other than Company) or (vii) caused by a Force Majeure Event (as defined below). All overages during any physical inventory shall be netted against shortages in said physical inventory across product lines and all net overages as a result of any physical inventory shall be carried forward and/or backward to offset prior and/or future net physical inventory shortages. (d) IN THE EVENT OF LOSS OR DESTRUCTION OF OR DAMAGE TO GOODS FOR WHICH COMPANY IS LEGALLY LIABLE, CUSTOMER DECLARES THAT COMPANY'S LIABILITY SHALL BE LIMITED TO THE LESSER OF THE FOLLOWING: (1) THE ACTUAL COST TO CUSTOMER OF REPLACING, OR REPRODUCING THE LOST, DAMAGED, AND DESTROYED GOODS TOGETHER WITH TRANSPORTATION COSTS TO WAREHOUSE, (2) THE FAIR MARKET VALUE OF THE LOST, DAMAGED, AND DESTROYED GOODS ON THE DATE CUSTOMER IS NOTIFIED OF SUCH LOSS, DAMAGE AND DESTRUCTION, (3) 26 TIMES THE MONTHLY STORAGE CHARGE APPLICABLE TO SUCH LOST, DAMAGED AND DESTROYED GOODS, (4) $0.50 PER POUND FOR SAID LOST, DAMAGED, AND DESTROYED GOODS. PROVIDED, HOWEVER THAT WITHIN A REASONABLE TIME AFTER RECEIPT OF THIS CONTRACT, CUSTOMER MAY REQUEST, IN WRITING, AN INCREASE IN COMPANY'S LIABILITY ON PART OR ALL OF THE GOODS IN WHICH CASE AN INCREASED CHARGE WILL BE MADE BASED UPON SUCH INCREASED VALUATION; FURTHER PROVIDED THAT NO SUCH REQUEST SHALL BE VALID UNLESS MADE BEFORE LOSS OR DESTRUCTION OF OR DAMAGE TO ANY PORTION OF THE GOODS HAS OCCURRED. (e) The liability referred to in this Section above shall be Customer’s exclusive remedy against Company and its affiliates for any claim or cause of action whatsoever relating to loss or destruction of or damage to Goods and shall apply to all claims including inventory shortage and mysterious disappearance claims unless Customer proves by affirmative evidence pursuant to a ruling and/or judgment of a court of competent jurisdiction that Company or its affiliates converted the Goods to its or their own use. Customer waives any rights to rely upon any presumption of conversion imposed by law. (f) IN NO EVENT WILL COMPANY BE LIABLE TO CUSTOMER FOR ANY PURELY ECONOMIC LOSSES, INCLUDING LOSS OF PROFITS, USE, INCOME, BUSINESS OPPORTUNITIES, COSTS OF ALTERNATIVE MEANS OF TRANSPORT, MERCHANTABILITY, OR CUSTOMER GOODWILL, OR FOR ANY SPECIAL, PUNITIVE, CONSEQUENTIAL OR INDIRECT DAMAGES, IN CONNECTION WITH THESE TERMS, THE CONTRACT, OR THE SERVICES PROVIDED THEREUNDER, WHETHER OR NOT A COMPANY HAS BEEN ADVISED OF SUCH LOSSES OR DAMAGES OR WHETHER PLED UNDER TORT, CONTRACT OR ANY OTHER LEGAL THEORY. (g) ANY WARRANTIES OF THE PARTIES EXPRESSLY SET FORTH IN THE CONTRACT AND THESE TERMS ARE THE SOLE WARRANTIES MADE BY THE PARTIES AND ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, OF TITLE OR NONINFRINGEMENT, OF FITNESS FOR A PARTICULAR PURPOSE, OR ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING, OR (h) Except as specifically set forth herein, Customer declares that damages for loss, damage Company makes no express or delay are limited to the lesser of $.50 per pound per package, $10,000 per occurrence, or the cost to repair or replace the Goods, provided. The provisions of this section shall apply to stored Goods regardless of whether Company has issued a warehouse receipt covering the Goods implied warranties in question. connection with its services; (b) In further consideration of the rates herein, and in keeping with the definitions of Company’s legal liability as a warehouseman contained herein and in Article 7-204 of the Uniform Commercial CodeSubject to (d) below, Customer agrees that in connection with any and all services performed by the Company, the Company shall only be liable for its grossly negligent acts, which are the direct and proximate cause of any injury to a shrinkage allowance of 0.5 % of the value of the Goods stored for whichCustomer, in the case of including loss or damage to Goods or mysterious disappearanceCustomer’s shipments, however caused, and the Company will not shall in no event be liable. liable for the acts of third parties; (c) In connection with all services performed by the Company, Customer may request that Company assume obtain additional liability for loss or damage to Goodscoverage, up to the lesser actual or declared value of the cost shipment or transaction, by requesting such coverage and agreeing to repair or replace the Goodsmake payment therefor, or the value declared by Customer in making any such request. Any such which request must be made at confirmed in writing by the time Customer initially requests that Company provide Services and will be subject prior to an additional fee to be included in Company’s quote. rendering services for the covered transaction(s). (d) In the absence of additional coverage under (c) above, the Company’s liability for damages, if any, including, without limitation, damage to products or other Goods contained or to be contained in the packaging or crates provided by the Company in connection with the packing services, shall be strictly limited to the price following: (i) where the claim arises from activities relating to customs brokerage, $50.00 per entry or the amount of brokerage fees paid to Company for the entry, whichever is less; (ii) where the claim arises from activities performed by Company as an NVOCC, the Customer for Services provided by the Company related to the specific lost liability as set forth in Company’s tariff or damaged product(sapplicable bill of lading, whichever is less; (iii) in all other cases, $50.00 per shipment or good(s) during the one transaction, (1) year period preceding the date of damage or loss; e) In no event shall Company be liable or responsible for any special, consequential, indirect, incidental, exemplary, statutory or punitive damages, including, without limitation, loss of revenue or loss of profits, nor shall the Company bear any liability for the acts or negligence of any third parties, regardless of the form of action, whether in contract or in tort, regardless of cause and even if caused by the Company’s negligence, damages even if it has been put on notice of the possibility of such damages, including any and all loss or damages arising from delay of services.