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5. MDS Services Liability
MDS Services contracts with the Shipper on the basis that MDS Services liability is strictly limited to direct loss only and to the monetary value in this Section 5. All other types of loss or damage are excluded (including but not limited to lost profits, income, interest, future business), whether such loss or damage is special or indirect, and even if the risk of such loss or damage was brought to MDS Services attention before or after acceptance of the Shipment since special risks can be insured by Shipper. If a Shipment combines carriage by air, road or other mode of transport, it shall be presumed that any loss or damage occurred during the air period of such carriage unless proven otherwise. MDS Services liability in respect of any one Shipment transported, without prejudice to Sections 6-9, is limited to its actual cash value and shall not exceed GB£50.00.
Claims are limited to one claim per Shipment settlement of which will be full and final settlement for all loss or damage in connection therewith. If Shipper regards these limits as insufficient the Shipper assumes all risks of loss or damage.
6. Time Limits for Claims
All claims must be submitted in writing to MDS Services within thirty (30) calendar days from the date that MDS Services accept the Shipment, failing which MDS Services shall have no liability whatsoever.
(1)
7. Shipment Insurance
Shipment Insurance is the responsibility of the Shipper.
8. Delayed Shipment
MDS Services will make every reasonable effort to collect and deliver the Shipment according to any estimate given but this is not guaranteed and does not form part of the contract. MDS Services are not liable for any damages or loss caused by delays.
9. Circumstances beyond MDS Services control
MDS Services are not liable for any loss or damage arising out of circumstances beyond MDS Services control. These include but are not limited to:- "Act of God" - e.g. earthquake, cyclone, storm, flood, fog; "Force Majeure" - e.g. war, acts of terrorism, plane crash or embargo; any defect or characteristic related to the nature of the Shipment, even if known to MDS Services; riot or civil commotion; any act or omission by a person not employed or contracted by MDS Services e.g. Shipper, Receiver, third party, Customs or other government official; industrial action; and electrical or magnetic damage to, or erasure of, electronic or photographic images, data or recordings.
10. Shipper's Warranties and Indemnity
The Shipper shall indemnify and hold MDS Services harmless for any loss or damage arising out of Shipper's failure to comply with any applicable laws or regulations and for Shipper's breach of the following warranties and representations:-
- all information provided by the Shipper or its representatives is complete and accurate;
- the Shipment was prepared in secure premises by the Shipper and/or its employees;
- Shipper employed reliable staff to prepare the Shipment;
- Shipper protected Shipment against unauthorised interference during preparation, storage and transportation to MDS Services;
- the Shipment is properly marked and addressed and packed to ensure safe transportation with ordinary care in handling; and
- all applicable laws and regulations have been complied with
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