23 Where liability for General Average arises in connection
with the goods, the Customer shall promptly provide security
to the Company or to any other party designated by the Company
in a form acceptable to the Company. LIABILITY AND LIMITATION
24 The Company shall perform its duties with a reasonable
degree of care, diligence, skill and judgement.
25 The Company shall be relieved of liability for any loss
or damage if and to the extent that such loss or damage is
caused by:-
(A) strike, lock-out, stoppage or restraint of labour, the
consequences of which the Company is unable to avoid by the
exercise of reasonable diligence;
(B) any cause or event which the Company is unable to avoid
and the consequences whereof the Company is unable to prevent
by the exercise of reasonable diligence.
26 Except under special arrangements previously made in writing
the Company accepts no responsibility for departure or arrival
dates of goods.
27(A) Subject to clause 2(B) and 11(B) above and sub-clause
(D) below the Company's liability howsoever arising and notwithstanding
that the cause of loss or damage be unexplained shall not
exceed
(i) in the case of claims for loss or damage to goods: (a)
the value of any goods lost or damaged, or (b) a sum at the
rate of two Special Drawing Rights as defined by the International
Monetary Fund (hereinafter referred to as SDR's), per kilo
of the gross weight of any goods lost or damaged whichever
shall be the least.
(ii) in the case of all other claims: (a) the value of the
goods the subject of the relevant transaction between the
Company and its Customer, or (b) a sum at the rate of two
SDR's per kilo of the gross weight of the goods the subject
of the said transaction, or (c) 75,000 SDR's in respect of
any one transaction whichever shall be the least. For the
purposes of Clause 27(A) the value of the goods shall be their
value when they were or should have been shipped. The value
of SDR's shall be calculated as at the date when the claim
is received by the Company in writing.
(B) Subject to Clause 2(B) above, and Sub-Clause (D) below,
the Company's liability for loss or damage as a result of
failure to deliver or arrange delivery of goods in a reasonable
time or (where there is a special arrangement under Clause
26) to adhere to agreed departure or arrival dates shall not
in any circumstances whatever exceed a sum equal to twice
the amount of the Company's charges in respect of the relevant
transaction.
(C) Save in respect of such loss or damage as is referred
to at Sub-Clause (B) and subject to Clause 2(B) above and
Sub-Clause (D) below, the Company shall not in any circumstances
whatsoever be liable for indirect or consequential loss such
as (but not limited to) loss of profit, loss of market or
the consequences of delay or deviation however caused.
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