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1801&Co. shall not be responsible for loss, damage, delay or failure with respect to the products if due to or arising from shortage of raw materials, fires, labour troubles of any kind, accidents, breakdown of machinery, government acts of any kind, failure of manufacturers, subcontractors or suppliers to deliver materials or supplies or to provide services as agreed or contemplated by past dealings, transportation difficulties of any kind, acts of God, acts of Buyer or anything reasonably beyond 1801&Co. control, whether or not presently occurring or contemplated by either party. Seller shall not be liable for damages, general, consequential or otherwise, or for failure to give notice of any delay until it shall have such additional time within which to deliver the products as may be reasonably necessary under the circumstances and shall have the right to apportion its inventory among its customers in such a manner as it considers acceptable. Seller shall also have the right to deliver the products in installments.
Liability of 1801&Co.
1801&Co. shall be liable for the loss or damage to the Goods occurring while in the sole custody or control of the 1801&Co. until the time when the Goods ceased to be in the sole custody or control of 1801&Co. 1801&Co. shall not be liable for in transit damage whether it is concealed or not visible at the time of loading or unloading or damaged while the Goods are not in its sole custody or control.
Any provision herein to the contrary notwithstanding, 1801&Co. shall not be liable for any loss or damage whatsoever arising from any of the following:
- The act, omission, neglect or default of the Customer or Owner or any person acting on their behalf;
2. compliance with the Instructions given to 1801&Co. by the Customer or any other person entitled to give the same by the Customer, including appointment or use of Customers designated third party vendors or service providers (including but not limited to truckers, feeders, rail, carriers, warehouse or depot);
3. Illegal, false, inaccurate or insufficient description of Goods or other particulars provided by Customer, Owner or any person acting on their behalf for the Goods;
4. Insufficient packing or labelling of the Goods, or defective condition of packing, except where such packing was provided by 1801&Co.;
5. Handing, loading, stowage or unloading of the Goods by the Customer, its designated third party vendors or service providers so specified by the Customer, Owner or any person acting on their behalf;
6. Inherent vice and/or ordinary wear and tear and/or latent defect of the Goods;
7. Insufficient or inadequate marks on the covering of the Goods;
8. Loss or damage to the Goods whilst 1801&Co. is not in actual custody or control of the Goods;
9. Any act, neglect or default not caused solely by1801&Co..
10. If any of the Goods is found damaged during storage or in transit, 1801&Co. shall contact the Customer immediately advising the nature, cause and extent of damage. The Customer shall advise 1801&Co. of the appropriate actions to be taken. Goods damaged to which 1801&Co. may have liability, shall be jointly surveyed by 1801&Co. and the Customer and liability (if any) is only accepted by 1801&Co. after the joint survey. Any claims made by 1801&Co. must be subject to joint survey and presented in writing to 1801&Co. within 14 days after the Customer is notified of the occurrence of damage or loss. Customer must provide sufficient evidence of product damage and all packaging materials. 1801&Co. shall immediately inform the Customer of any discrepancy found between the Goods and the documentation received.