TERMS & CONDITIONS OF TRADING FOR CUMBRIA X-PRESS
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RELIABLE PACKAGE DELIVERY SERVICES IN CUMBRIA
At Cumbria X-Press, we have been providing pallet, parcel and package delivery services for 30 years. In that time customers of all kinds have been counting on us for both commercial and domestic delivery services across Cumbria, the North-West and the whole of the UK. We make over 2,500 deliveries every week and strive to be the go-to pallet, parcel and package delivery company in Cumbria. We have an excellent reputation thanks to our guarantees of:
• Free quotations
• Fast response times
• Next day deliveries
• Our professional, friendly crew
• Free quotations
• Fast response times
• Next day deliveries
• Our professional, friendly crew
It’s not only domestic delivery services that the Cumbria X-Press team offers; we can also take care of all your international pallet, parcel and package delivery needs as well.
See our Terms and Conditions which are set out below or get in touch with us today for a free quote on your next international or domestic delivery.
TERMS AND CONDITIONS OF TRADING
CUMBRIA X-PRESS LTD (“the Carrier”) accepts goods for carriage and carries such goods (“the Services”) subject to the terms and conditions set out below (“these Conditions”) to the exclusion of any other terms and conditions subject to which any quotation of the Carrier is accepted or purported to be accepted by the Trader, or any order for Services is made or purported to be made, by the Trader. No variation to these Conditions shall be binding on the Carrier unless agreed in writing by an authorised representative of the Carrier. The Carrier’s employees or agents are not authorised to make any representations concerning the Service unless confirmed by the Carrier in writing. In entering into the Contract the Trader acknowledges that it does not rely on any such representations which are not so confirmed. The Carrier may vary these Conditions from time to time upon giving to the Trader notice in writing.
1. DEFINITIONS
In these Conditions the following expressions shall have the following meanings:
“Trader” shall mean the customer who contracts for the Service of the Carrier.
“Consignment” shall mean goods in bulk or contained in one parcel or package, as the case may be, or, where agreed in writing with the Trader, any number of separate parcels or packages, sent at one time in one load by or for the Trader from one address to another;
“Excluded Goods” shall mean:
(a) firearms, parts of firearms (including imitation firearms and parts thereof), Class 1 explosives including ammunition maroons flares and like items, Class 2 Compressed Gases, Class 5.2 Organic Pesticides, Infectious Substances Class 6.2, Class 7 Radio-actives and any Class of dangerous goods Transport Category 1, as classified in The Approved Carriage List (ACL) as part of The Carriage of Dangerous Goods by Road Regulations 1996, as amended, modified, re-enacted or replaced from time to time;
(b) living creatures of all descriptions;
(c) controlled waste and special waste;
(d) offensive or noisome items and items capable of contaminating others by smell or
otherwise unless securely packed in airtight containers; and
(e) all other items the possession or carriage (by road, rail or sea) of which is prohibited by law;
“Dangerous Goods” shall mean radioactive, explosive, inflammable, toxic, corrosive and other dangerous items classed as such under any relevant and current regulations in respect of dangerous goods;
“Contract” shall mean the contract between the Trader and the Carrier,
“Sub-Contracting Parties” includes all persons (other than the Carrier) referred to in Clause 3(3);
“Carrier” save in the expression Carrier/Contractor includes Sub-Contracting Parties in clauses 3(4), 4(2), 4(3), 7(2) and (3), 8(1), 8(5), 8(6), 12, 13, 14 and 15 of these conditions’;
“Carrier/Contractor” means the Carrier and any other carrier within clause 3(2); 24 Hour also includes the Carrier’s Same day service, Irish Service and Bag Service (in addition to the Carrier’s standard Next day service);
“Late Notice Request” means any request for collection on the same day as the request, which is made by the Trader (and received by the Carrier) less than thirty (30) minutes before the commencement of the Carrier’s customary daily collection.
2. CARRIER IS NOT A COMMON CARRIER
The Carrier is not a common carrier and will accept goods for carriage only by these conditions.
3. PARTIES AND SUB-CONTRACTING
(1) Where the Trader is not the owner of some or all of the goods in any Consignment, he shall be deemed for all purposes of the Contract to be the agent of the owner or owners.
(2) The Carrier may employ the services of any other carrier or carriers for the purpose of fulfilling the Contract. Any such other carrier shall have the like power to sub-contract on like items.
(3) It is hereby declared that each of the Carrier’s sub-contractors, servants and agents and the sub-contractors, agents and employees of such persons are third parties to the Contract within the meaning of the Contracts (Rights of Third Parties) Act 1999 and be entitled to enforce the same accordingly (including without limitation any right, benefit or exclusion or limitation under these Conditions which is expressly or impliedly for their respective benefit).
(4) The Trader shall save harmless and keep the Carrier indemnified against all claims and demands whatsoever by whomsoever made in excess of the liability of the Carrier under these Conditions in respect of any loss, damage or injury however caused, whether or not by the negligence of the Carrier, his servants, agents or sub-contractors.
4. EXCLUDED AND DANGEROUS GOODS
(1) The Trader shall not tender for carriage by the Carrier:
(a) any Excluded Goods; or
(b) any Dangerous Goods in excess of limited quantity sizes for the application modes of transport, as prescribed in the current regulations regarding the carriage of dangerous goods by road.
(2) The Carrier shall not be obliged to carry any Excluded Goods or Dangerous Goods. If the Carrier agrees to accept any Dangerous Goods for carriage, such goods must be accompanied by a full declaration by the Trader of their nature and contents and be suitably and securely packed in accordance with any applicable statutory regulations for the time being in force for transport of such goods by road (or by rail or ferry). The Trader (whether or not the Carrier) shall be responsible for all loss or damage whether physical economic or consequential caused to or by any Dangerous Goods (whether or not declared as such by the Trader) while in the possession of the Carrier.
(3) The Trader shall indemnify the Carrier against all loss, damage, costs, expenses or injury howsoever caused and all claims arising out of the carriage of any Excluded Goods or Dangerous Goods (whether or not declared as such by the Trader).
5. ITEMS FOR WHICH SPECIAL AGREEMENT REQUIRED
Any item of jewellery, any precious stones, any alcohol, cigarettes, cash, cheques, phone cards, passport and any packaging of goods carried pursuant to any Contract shall be carried at the Trader’s risk unless the Carrier expressly agrees otherwise in writing prior to carriage of such items.
6. CANCELLATION OF COLLECTIONS
(1) The Carrier shall be entitled to cancel collection of any Consignment without liability by giving to the Trader 1 day’s written notice of such cancellation.
(2) The Trader shall be entitled to cancel collection of any Consignment without being liable to pay the Carrier’s Charges in respect of that Consignment provided that the Trader gives to the Carrier and the Carrier receives written notice specifying the exact Consignment(s) and collection to be cancelled not less than 1 day before the relevant collection schedules to be made.
7. LOADING AND UNLOADING
(1) When collection or delivery takes place at the Trader’s premises the Carrier/Contractor shall not be under any obligation to provide any plant, power or labour, which in addition to the Carrier/Contractor’s carmen is required for loading or unloading at such premises.
(2) Any assistance given by the Carrier/Contractor beyond the usual place of collection or delivery shall be made at the sole risk of the Trader, who will save harmless and keep the Carrier indemnified against any claim or demand which could not have been made if such assistance had not been given.
(3) Goods requiring special appliances for unloading from the delivery vehicle are accepted for carriage only on condition that the sender has duly ascertained from the consignee that such appliances are available at destination. Where the Carrier/Contractor is, without prior agreement in writing with the Trader, called upon to load or unload such goods, the Carrier shall be under no liability whatsoever to the Trader or any third party for any damage arising from the loading or unloading of such goods, however caused, whether or not by the negligence of the Carrier, and the Trader shall save harmless and keep the Carrier indemnified against any claim or demand which could not have been made if such assistance had not been given by the Carrier/Contractor.
8. CONSIGNMENT NOTES LABELS AND PACKAGING
(1) The Trader must complete fully and accurately a Cumbria X-Press Consignment note and label(s), including a full and valid delivery address and postcode, for each delivery except by prior agreement in writing with the Carrier and shall keep the Carrier/Contractor indemnified against any claims, costs and expenses arising from a failure to do so. The Carrier shall have no liability in respect of any Consignment for which a Cumbria X-Press Consignment note and label(s) have not been duly completed.
(2) The Carrier also reserves the right to refuse any Consignment which is not accompanied by a Consignment note which is fully and accurately completed, but acceptance of such a Consignment shall not release the Trader from his obligations and indemnity in respect thereof.
(3) 24 Hour Consignments must be indicated by the Trader by ticking the appropriate service level box on the Consignment note affixing the appropriate service level sticker to the Consignment note.
(4) Unless otherwise agreed in writing by the Carrier, the Trader shall have sole responsibility for suitably packaging all Consignments for transit. The Carrier reserves the right not to accept any goods for carriage which are considered by the Carrier to be unsuitably packed to ensure their safe transport, or which are damaged.
(5) The Trader shall ensure that all liquids are suitably and securely packed. The Trader shall indemnify and keep indemnified the Carrier against any and all claims, proceedings, expenses, liabilities, injury, death, loss or damage arising out of the breach of clause 8(5).
(6) The Trader shall ensure that the correct customs documentation is supplied to accompany goods for shipment to the Channel Islands or any other destination requiring customs documentation. Failure to do so will release the Carrier from all transit obligations and any subsequent claims arising. The Trader shall indemnify the Carrier and keep the Carrier fully indemnified against any loss, damage, costs, expenses, liabilities, demands, claims, proceedings, duties, import levies or taxes which the Carrier may suffer or incur arising from any breach by the Trader of this Clause 8(6) or any claim or demand made by H.M. Customs & Excise or other similar competent authority in any jurisdiction in respect of any Consignment sent by the Trader.
9. TRANSIT
(1) Transit shall commence when the Consignment is handed to the Carrier/Contractor whether at the point of collection or at the Carrier/Contractor’s premises.
(2) Transit shall (unless otherwise previously determined in writing) end when the Consignment is tendered at the consignee’s address within the customary cartage hours of the district provided that:-
(a) if no safe and adequate access or no adequate unloading facilities there exist, then transit shall be deemed to end at the expiry of one clear day after notice in writing (or by telephone if so previously agreed in writing) of the arrival of the Consignment at the Carrier/Contractor’s premises has been sent to the consignee; and
(b) when for any other reason whatsoever (other than default of the Carrier/Contractor) a Consignment cannot be delivered, or when a Consignment is held by the Carrier/Contractor “to await order”, “to be kept till called for”, or upon any like instructions and no order or instructions are given or the Consignment is not called for and removed within a reasonable time, then transit shall be deemed to end at the expiry of three clear days after notice in writing of the arrival of the Consignment at the Carrier/Contractor’s premises has been sent to the consignee.
(3) Any consignment held by the Carrier/Contractor pursuant to clause 9(2) (a) or (b) or held by the Carrier/Consignment by way of lien shall be held on the terms of the United Kingdom Warehousing Association’s conditions of contract from time to time. If any of those conditions conflict with these Conditions, these Conditions shall apply. A copy of the United Kingdom Warehousing Association conditions of contract is available from the Carrier upon request.
(4) In respect of any consignment, a delivery receipt signed by or on behalf of the consignee shall be conclusive evidence of delivery of the Consignment and (except to the extent that any damage or discrepancy is noted on the receipt) that it was received in good order and condition (and accordingly no claims shall be brought in respect of the Consignment claiming the contrary).
10. UNDELIVERED OR UNCLAIMED GOODS
(1) If the Carrier/Contractor is unable to deliver a Consignment where any of the circumstances referred to in clauses 9(2) (a) or (b) hereof apply, the Carrier/Contractor may sell the goods and the payment or tender of the proceeds of the sale thereof, after deduction of all the proper charges and expenses in relation thereto and all outstanding charges in relation to the carriage and storage of the goods, shall (without prejudice to any claim or right which the Trader might have against the Carrier arising under these Conditions) discharge the Carrier/Contractor from all liability in respect of such goods, their carriage and storage provided that:-
(a) Carrier/Contractor shall do what is reasonable to obtain the value of the Consignment; and
(b) The power of sale shall not be exercised where the name and address of the sender or of the consignee is known unless the Carrier/Contractor shall have done what is reasonable in the circumstances to give notice to the sender, or, if the name and address of the sender is not known, to the consignee, that the goods will be sold unless within the time specified in such notice, being a reasonable time in the circumstances from the giving of such notice, the goods are taken away or otherwise disposed of.
11. CARRIER’S CHARGES
(1) The Carrier’s charges for carriage (“the Carrier’s Charges) shall be calculated in accordance with the provisions of this clause 11 (except as otherwise agreed in writing by the Carrier and the Trader) and shall be payable by the Trader without prejudice to the Carrier’s rights against the consignee or any other persons provided that, when goods are consigned “carriage forward”, the Trader shall not be required to pay such charges unless the consignee fails to pay after a reasonable demand has been made by the Carrier/Contractor for payment thereof.
(2) The Carrier’s Charges are based on the gross weight of each Consignment and, if the actual gross weight of any Consignment is greater than that declared by the Trader on the Consignment note, the Carrier shall be entitled to charge by reference to the actual gross weight. The Carrier shall be entitled to weigh Consignments to check their actual gross weight.
(3) Except where the relevant quotation states otherwise all charges based on a tonnage rate shall be calculated by reference to the gross weight of Consignments, unless the ratio of the volume of the goods to the weight thereof exceeds 150 cubic feet to 1000 kilograms in which case each cubic foot or part thereof shall be treated as the equivalent of 6.67 kilograms in gross weight and charged accordingly.
(4) A claim or counterclaim shall not be made the reason for deferring or withholding payment of monies payable, or liabilities incurred, to the Carrier and all sums payable hereunder shall be paid without any set-off or other deduction.
(5) Deliveries to docks, wharves and container bases will be accepted at the Carrier’s discretion and will be subject to an additional minimum surcharge of £15.00.
(6) Deliveries to mail order houses or any other consignee who requires a booking to be made prior to delivery being effected will incur a minimum surcharge of £6.50.
(7) The Carrier reserves the right to surcharge the Trader with demurrage when goods tendered for delivery at a predetermined booking time agreed to by the consignee are not accepted by the consignee at that time.
(8) The Carrier reserves the right to charge any auxiliary charges which may be applicable to deliveries or collections such as (by way of example and not limitation) agents’ costs.
(9) The Carrier reserves the right to charge for any subsequent attempt to make delivery of any Consignment which it has not been possible to deliver due to reasons beyond the Carrier’s direct control. The charge to be 50% of the original Carriage Charges subject to a minimum charge of £5.50.
(10) The Carrier reserves the right to charge additional sums, which, in the Carrier’s sole discretion, are required as a result of the Trader’s instructions or lack of instructions, the inaccuracy of any information provided to the Carrier by the Trader in respect of the Services, any special delivery requirements (including without limitation special vehicles, two-man deliveries and difficult delivery points), or any other cause attributable to the Trader or any consignee.
(11) The Carrier reserves the right by notice in writing to increase the Carrier’s standard tariffs from time to time to reflect any increase in the costs to the Carrier of providing the Services, which is due to any factor beyond the control of the Carrier. The Carrier reserves the right to review and vary all other negotiated rates on a 12-month basis.
(12) In respect of any Consignment, where the Consignment is not delivered within the time-frame agreed between the Carrier and the Trader for delivery of the Consignment, and the Carrier is liable to the Trader in respect thereof, the Carrier’s Charges in respect of the Consignment shall be reduced to the Carrier’s Charges (calculated in accordance with the above provisions) applicable to delivery within the timeframe within which the Consignment was actually delivered, provided that the avoidance of doubt, deliveries to Ireland, the Isle of Man and The Channel Islands will be charged at full price where the delay in delivery resulted from ferry cancellation or adverse weather conditions.
(13) All claims for any credit or discount which the Carrier has agreed that the Trader shall be entitled to shall be made in writing within 10 days of the relevant invoice date.
(14) The Carrier’s standard payment terms shall be 14 days from the invoice unless agreed otherwise in writing and signed by a Main Board director of the Company. The time of payment of the Carrier’s charges shall be of the essence of the Contract unless otherwise agreed by the Carrier.
(15) Unless otherwise agreed in writing by the Carrier, if payment is not made on the due date, The Carrier shall be entitled, without limiting any other rights it may have, to charge interest on the outstanding amount (both before and after any judgement) on a daily basis at the rate of 2 per cent per annum above the base rate from time to time of Barclays Bank, from the due date until the outstanding amount is paid in full.
(16) The Carrier reserves the right to pass on to the Trader any supplementary changes resulting from congestion and toll charges.
12. TIME LIMIT FOR CLAIMS
The Carrier shall not be liable:
(1) for loss from any package or from any unpacked consignment or for damage, deviation, misdelivery, delay or detention, unless the Carrier is advised thereof in writing within five days otherwise than upon a Consignment note or delivery document and the claim is made in writing outlining the financial loss incurred to cost value within ten days after the termination of transit:
(2) for loss or non-delivery of the whole or any part of the Consignment or any separate package forming part of the Consignment unless the Carrier is advised of the loss or non-delivery in writing (other than upon a Consignment note or delivery document) within twenty-eight days and the claim is made in writing outlining the financial loss incurred to cost value within forty-two days after the termination of transit.
13. LIABILITY FOR LOSS AND DAMAGE
Subject to these Conditions the Carrier shall be liable for any loss of or damage to goods occasioned during transit or misdelivery or delay in delivery of any Consignment unless:
(1) the Carrier can establish on the balance of probabilities this was substantially caused by or arose from one or more of the following:
(a) Act of God;
(b) any consequence of war, invasion, act of foreign enemy, act of terrorism, hostilities (whether war be declared or not), civil war, rebellion, insurrection, military or usurped power or confiscation, requisition, destruction of, or damage to property by or under the order of any Government or Public or Local Authority;
(c) seizure under legal process;
(d) act or omission or default of the Trader or owner (or consignee) of the goods or of the servants or agents of any of such persons (including without limitation any failure to give adequate instructions/information or adequate access or loading/unloading facilities);
(e) inherent liability to wastage in bulk or weight, latent defect or inherent defect, vice or natural deterioration of the goods;
(f) insufficient or improper packing;
(g) insufficient or improper labelling or addressing;
(h) riot, civil commotion, strike, lockout, general or partial stoppage or restraint of labour from whatever cause;
(j) the consignee not taking or accepting delivery within a reasonable time;
(k) unauthorised signatures upon delivery;
(l) adverse weather conditions causing cancellation or postponement of transport for the relevant Consignment; or
(2) the delay in delivery (or collection) is in relation to any Consignment agreed to be carried in accordance with the Carrier’s 2-3 day service or pursuant to a Late Notice Request; or
(3) the goods damaged consist of glass, pottery, ceramics or perishable items or liquids. Provided that the Carrier shall not incur liability of any kind in respect of a Consignment where there has been fraud on the part of the Trader or owner/consignee of the goods or the servants or agents of either in respect of that Consignment.
14. LIABILITY FOR LATE DELIVERY
(1) The Carrier’s sole liability for late delivery of any Consignment (if liable in accordance with these Conditions) is as stated in clause 11(12).
15. LIMITATION OF LIABILITY
Subject to these Conditions the liability of the Carrier in respect of any one Consignment shall in any case be limited:
(1) where the loss or damage however sustained is in respect of the whole of the Consignment, to a sum calculated at the rate of £5,000 per metric tonne (£10,000 per metric tonne if 24 Hour Next day or Same Day) on either the gross weight of the Consignment, subject always to a maximum liability in respect of any single claim hereunder of £50,000; i.e. £10 per kg 24 hr service and £5 per kg 3 day service.
(2) where loss or damage however sustained is in respect of part of a Consignment, to the proportion of the sum ascertained in accordance with sub-clause (1) of this clause 15 which the actual value of that part of the Consignment bears to the value of the whole Consignment; provided that:
(a) nothing in that clause shall limit the Carrier’s liability below the sum of £20.00 in respect of any one Consignment; and
(b) the Carrier shall not in any case be liable for indirect or consequential damage or for loss of profit or loss of a particular market whether held daily or at intervals and whether arising from negligence of the Carrier, its servants, agents or sub-contractors or otherwise howsoever, and
(c) the Carrier shall be entitled to require proof of the value of the whole Consignment. Notwithstanding any provision of these Conditions the Carrier does not exclude liability for death or personal injury resulting from the negligence of the Carrier (or its sub-contractors, servants or agents).
16. TERMINATION OF CONTRACT
Both the Carrier and the Trader may (without limiting any other remedy) at any time terminate the Contract by giving written notice to the other if the other goes into liquidation, or (in the case of an individual or firm) becomes bankrupt, makes a voluntary arrangement with his or its creditors or has a receiver or administrator appointed.
17. GENERAL LIEN
The Carrier shall have a general lien against the owner or person entitled to possession of any goods for any monies whatsoever owing by such owner and/or the Trader (if different) to the Carrier whether or not such monies are due for payment. If such monies are not paid and the lien thereby discharged within a reasonable time, the Carrier may at his absolute discretion sell the goods as agent for the owner and apply the proceeds towards the monies owing and the expense of the sale, and shall, upon accounting for the balance remaining, if any, be discharge from all liability whatsoever in respect of the goods.
18. UNREASONABLE DETENTION
The Trader shall be liable for the cost of unreasonable detention of vehicles containers and sheets of the Carrier/Contractor but the Carrier/Contractor’s rights against any other person shall remain unaffected.
19. CONFIDENTIALITY
The Conditions and any other terms and conditions of the Contract and any information acquired in consequence of the Contract shall be treated as confidential by the Carrier and the Trader and shall not at any time be disclosed by the Carrier or the Trader to any third party (other than, in the case of the Carrier, to any of its group members), provided that this clause shall not apply to any information which the Carrier or the Trader may be entitled or bound to disclose under compulsion of law or where requested by regulatory agencies or to their professional advisers where reasonably necessary for the performance of their professional services.
20. COMPUTATION OF TIME
Where any period of time by these Conditions is seven days or less, the following shall not be included:
(a) in England, Northern Ireland and Wales; Saturday, Sunday, Good Friday, Christmas Day, New Year’s Day and Bank Holidays; and
(b) in Scotland: All of the above plus 2nd January, Spring Holiday, Autumn Holiday and any other public holidays in Scotland.
21. VAT
All charges shown on the Carrier’s tariffs exclude VAT, for which the Trader shall be additionally liable at the applicable rate.
22. GENERAL
(1) These Conditions constitute the entire agreement between the Carrier and the Trader, and supersede any previous agreement or understanding and may not be varied except as prescribed hereunder. All other terms and conditions, express or implied by statute or otherwise, are excluded to the fullest extent permitted by law.
(2) Any notice required or permitted to be given by either party to the other under these Conditions shall be in writing addressed to the other party at its registered office or principal place of business or such other address as may at the relevant time have been notified pursuant to this provision to the party giving the notice.
(3) No failure or delay by either party in exercising any of its rights under the contract shall be deemed to be a waiver of that right, and no waiver by either party of any breach of the Contract by the other shall be considered as a waiver of any subsequent breach of the same or any other provision.
(4) If any provision of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Conditions and the remainder of the provision in question shall not be affected.
23. LAW
English Law shall apply to the Contract, and the Carrier and Trader agree to submit to the non-exclusive jurisdiction of the English Courts.
LIMITATION AND EXCLUSION OF LIABILITY
(A) Subject to Clauses 4, 9, 11, 12 and 13 hereof, the Company’s liability (whether in contract, tort, negligence or otherwise) for the loss of or damage to any goods shall be limited to the lesser of:
(a) For goods carried within the British Isles (such terms to include Northern Ireland, Republic of Ireland and all islands off the coast of Great Britain, including the Channel Islands):
(i) For “Economy Cover £50 per Parcel
(ii) For “Standard Cover” £100 per Parcel
(iii) For Pallets, the limit of liability will be £1.50 per kg of gross weight lost or damaged with a maximum liability of £1500. If a Pallet weight is undeclared on the Consignment Note, the maximum liability is £150.
(b) For all International Services:
(i) If carriage by road, the provisions of the Convention on the Contract for the International Carriage of Goods by Road (CMR) May 1956 Geneva and Protocol of July 5th 1978 Geneva, apply, or;
(ii) If carriage by air, up to $100 per Consignment, unless the Warsaw Convention of 1929 as amended by the Protocol signed in the Hague on September 28th 1955, operates.
(c) For goods held in storage or for other services the Company’s liability shall not exceed a total £0.10 per kilo gross weight lost or damaged, with a maximum liability of £1000. If no weight is declared then our maximum liability will be equal to one tonne.
(d) For all Consignments undertaken by “Special Services”, these services shall be subject to the current BIFA (British International Freight Association) Conditions.
(e) The replacement cost of lost or damaged goods, or
(f) The repair cost of the damaged goods. Whether such loss or damage was due to the fault or negligence of the Company or otherwise, the Company shall be entitled to require proof of goods lost or damaged.
(B) Notwithstanding Sub-Clause (A) above, the Company shall, in no circumstances whatsoever, (unless required under CMR or Warsaw Convention), including negligence, nuisance, breach of contract or non-performance by the Company, be liable to the Customer for:
(a) any indirect or consequential loss or damage of any kind (including, without limitation, loss of business and loss of goodwill), or for any loss of profits or interest cost and for the avoidance of doubt, the cost of recompiling the information contained on the goods.
(b) in the case of Consignments consigned to or from Northern Ireland, the Republic of Ireland and islands off the Coast of Britain, including the Channel Islands, or to other destinations by sea the company shall have no liability for any loss in excess of the liability specified herein.
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