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Prices and trade terms dec. 2018
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prices and trade terms 2018 sup port your business 26 7.4.6.
compensation
not included in the contract if
compensation
is claimed on non-contractual grounds, gh and other parties responsi- ble according to 7.4.2. can refer to the provision of the general conditions which exclude
liability
for gh or sets or limits the size of such
compensation
.
article
2. the maximum
liability
that can be imposed on gh and parties for whom gh is responsible cannot exceed the limits of
liability
stated in 7.4.8. 7.4.7. calculation of
compensation
compensation
for damage or partial/complete loss of the cargo is calculated according to the value of the last invoice for the cargo before coming into the care of gh until it is proved that the standard value of a cargo of the same kind and goods was different at the time and place the original cargo should have been taken over in the port.
article
2. if there is no invoiced value as mentioned in
article
1, the value shall be calculated based upon the standard value of a cargo of the same kind and goods at the time and place gh would have taken it over.
article
3.
compensation
exceeding the value mentioned in
article
s 1 and 2, including
compensation
for indirect losses cannot be granted. 7.4.8. limitation of
liability
notwithstanding clause 7.4.7.
compensation
cannot exceed 666,67 sdr for each load or other entity of the cargo or 2 sdr per kilogram damaged or lost cargo depending on which calculation indicates the highest amount.
article
2. if a container, trailer, loading pallet or similar form of transportation is used to collect the cargo, they shall also be a part of the cargo in the event of the application of
article
1. when calculating
compensation
, any items in such forms of transportation shall not be included unless stipulated in the contract.
article
3.
compensation
cannot exceed 25,000 sdr per claim. if more ordering customers suffer loss as a result of damage caused by the same incident,
compensation
liability
is limited to 500,000 sdr divided pro rata between the ordering customers based upon the value of cargo according to clause 7.4.7.
article
4. if it is deemed that damage has been caused due to delay of the cargo, gh shall provide
compensation
, although not exceeding the amount which gh would receive for execution of the task cf. 7.2.2.
article
5. if gh is liable for other damage in accordance with clause 7.4.4. gh is entitled to limit its
liability
according to
article
s 1 - 3.
article
6. gh's total
liability
according to
article
s 1 - 4 cannot exceed the limitation of
liability
that would apply in case of the loss of all goods the
liability
for
compensation
, cf.
article
s 1 - 3.
article
7. gh's
liability
cannot exceed that of the ordering customer. if the ordering customer has limited
liability
to a third party, gh has the same
liability
restriction related to the ordering customer and third party.
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