The liability of the Carrier shall be limited in accordance with these terms and conditions in respect of the Goods, product or any part thereof to the Customer or the owner or to any other person but is excluded to the extent of any fraud or wilful default of the Carrier.
Without restricting the generality of sub-clause (a), the maximum liability of the Carrier whether in contract, tort or otherwise shall be limited to the direct resupply of equivalent services, or full value of the invoice. In no circumstances does the Carrier accept liability for indirect or consequential loss, including but not limited to loss of revenue, loss of profit, loss of production, loss of data, loss of contracts, loss of business, damage to reputation or loss of goodwill and any other loss not reasonably considered to arise naturally, in the ordinary course of things, from the relevant breach, act or omission.
The limitation of liability in clause 4.2 shall apply irrespective of the manner in which or the time at which or the place at which or the reason whereby any such loss, mis-delivery, damage or injury or delay may have occurred notwithstanding that the same may have been due or occasioned by, or may have arisen as a result of or as incidental to any negligence, act or omission or any part thereof by the Carrier, and includes the following circumstances:
(i) any loss or non-delivery or mis-delivery of the Goods or any part thereof; or
(ii) any damage or injury to or any delay in the delivery of the Goods or any pert thereof; or
(iii) any damage directly or indirectly caused by or which may arise out of any such loss, non-delivery, mis-delivery, incorrect description, damage, injury or delay; or
(iv) any damage including deterioration of chilled, frozen, refrigerated or perishable Goods.
(v) any damage, loss or injury arising after transit has ceased.
The description, quantity and value of the Goods shown in the consignment note or the quotation relating to the Goods (as the case may be) were represented to the Carrier by the Customer and the Carrier does not admit to the accuracy thereof and shall require, in the case of any claim, proof thereof. The Customer or other party who may claim against the Carrier, shall retain the relevant evidence thereof.
The disclaimer in this clause extends to include not only loss of or damage to itemised equipment and Goods but, loss damage or injury to any person property or thing damaged during the movement and to include any loss consequentially or otherwise arising from any loss damage or injury howsoever caused including but not limited to any negligence or breach by the Carrier.