Exclusion and Limitation of Liability Clause full text

19.1. Exclusion of Liability
Except as expressly set forth in the present Agreement, the Carrier shall not be liable to the Customer, for:

(a) any damage to goods transported, loaded, or unloaded using forklifts, unless such damage is directly caused by the gross negligence or willful misconduct of the Carrier or its employees;
(b) delays in delivery, loss of cargo, or damage to goods arising from:
(i) the improper or unsafe packaging of goods by the Customer or its agents;
(ii) the inherent nature or defect of the goods being transported; or
(iii) events beyond the Carrier’s reasonable control, as outlined in the Force Majeure clause below.

19.2. Limitation of Liability
The Carrier’s total aggregate liability under or in connection with the present Agreement shall be limited to the lower of:
(a) the value of the damaged or lost goods as declared by the Customer prior to transportation, or
(b) the total transportation fees paid by the Customer for the specific shipment during which the event giving rise to the claim occurred.

(…)

19.6. Use of Forklifts
(a) Forklifts shall be operated exclusively by trained and certified personnel employed by the Carrier or approved subcontractors. The Customer shall not allow any unauthorized individual to operate forklifts during the loading or unloading process.
(b) The Carrier shall not be liable for damages caused by improper use of forklifts by the Customer’s employees, contractors, or agents.