11. Exclusions of liability
11.1 In respect of Limited Liability, we will not be liable for loss of or damage to your goods as a result of fire or explosion howsoever that fire or explosion was caused, war, invasion, acts of foreign enemies, hostilities (whether war is declared or not), civil war, terrorism, rebellion and/or military coup, Act of God, industrial action or other such events outside our reasonable control unless we have been negligent or in breach of contract.
11.2 In respect of Standard Liability and Limited Liability, other than as a result of our negligence or breach of contract we will not be liable for any loss of, damage to, or failure to produce the following goods :-
11.2.1 Bonds, Securities, Stamps of all kinds, Manuscripts or other Documents or
Electronically held Data Records, Mobile Telephones
11.2.2 Plants or goods likely to encourage vermin or other pests or to cause infestation or contamination.
11.2.3 Perishable items and/or those requiring a controlled environment.
11.2.4 Furs exceeding £100 in value, Jewellery, Watches, Precious Stones and
Metals, Money, Coins, Deeds.
11.2.5 Any animals, birds or fish.
11.3 In respect of Standard Liability and Limited Liability, other than as a result of our negligence or breach of contract we will not be liable for any loss of, damage to, or failure to produce the goods if caused by any of the following circumstances:-
11.3.1 Loss or damage arising from ionising radiations or radioactive contamination
11.3.2 Loss or damage arising from Chemical, Biological, Bio-chemical, Electro magnetic Weapons and Cyber Attack
11.3.3 Indirect or consequential loss of any kind or description
11.3.4 By normal wear and tear, natural or gradual deterioration, leakage or evaporation or from perishable or unstable goods. This includes goods left within furniture or appliances.
11.3.5 By vermin, moth, insects and similar infestation, damp, mould, mildew or rust
11.3.6 By cleaning, repairing or restoring unless we arranged for the work to be carried out.
11.3.7 By change to atmospheric or climatic conditions.
11.3.8 For any goods in wardrobes, drawers or appliances, or in a package, bundle, carton, case or other container not both packed and unpacked by us.
11.3.9 Loss of or damage to china, glassware and fragile items unless they have been both professionally packed and unpacked by us or our Subcontrac- tor. In the event of an accident involving an owner packed container where damage would have occurred irrespective of the quality of the packing, then our liability is limited to £40 or its actual value whichever is less.
11.3.10 For electrical or mechanical derangement to any appliance, instrument, clock, computer or other equipment unless there is evidence of related external damage.
11.3.11 Loss or damage of motor vehicles caused by scratching, denting and mar- ring unless you obtain from us a pre-collection condition report.
11.3.12 Loss or damage to a vehicle whilst being driven or for the purpose of being driven under its own power other than for the purpose of
loading onto or unloading from the carrying conveyance or container. Loss or damage sustained by accessories and removable items unless lost with the vehicle
11.3.13 For any goods which have a pre-existing defect or are inherently defective.
11.4 No employee of ours shall be separately liable to you for any loss, damage, mis-delivery, errors or omissions under the terms of this Agreement.
11.5 Our liability will cease upon handing over goods from our control from our own or our agent’s warehouse (e.g. if you contract for storage) or upon completion of delivery to residence. (Also see clause 12.2 below). Standard Liability Protection may be extended to cover additional periods in storage with us at origin or with our nominated destination agent, upon written instruction and against payment of an additional fee.
11.6 In respect of Standard Liability, other than as a result of our negligence or breach of contract we will not be liable for any loss of, damage to or failure to produce the goods if caused by War, invasion, acts of foreign enemies, hostilities (whether war is declared or not), civil war, terrorism, rebellion and/or military coup unless your goods are on an overseas vessel or aircraft. |
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