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Unless agreed differently by the Company in writing or suit brought in the proper forum as special under clause 14 of these Conditions, all the Company’s liabilities shall be relieved within 9 months from the date the goods was delivered or should have been delivered by he Company or from the date the consignee was entitled to deem the Goods to have been lost due to failure of delivery.

11.1 Unless notice of loss or damage is given in writing by the consignee to the Company at the time of delivery of the Goods to the consignee, such delivery shall be deemed to be prima facie evidence of the goods carried and delivered in apparent good order and condition. Where the loss of or damage to the Goods is not apparent, the notice in writing shall be given within 7 days from the next day of the delivery of the Goods. In the absence of such written notice, the delivery shall also be deemed to be prima facie evidence of the goods carried and delivered in apparent good order and condition.

11.2 Other claims shall be made within 14 days of the date upon which the Customer became or should have become aware of the loss or damage. And any claim not made shall be deemed to be waived except where the Customer can show that it was impossible for him to comply with the time limit and he has made the claim as soon as it was reasonable possible for him to do so.

No insurance will be arranged except upon express instructions given in writing by the Customer and accepted by the Company. All insurance arranged by the Company is subject to the usual exceptions and conditions of the policies of the insurance company or underwriters taking the risk. The Company shall not be under any obligation to arrange a separate insurance on each consignment. Should the insurers dispute their liability for any reason, the insured shall have recourse against the insurers only and the Company shall not be under any responsibility or liability whatsoever in relation thereto notwithstanding that the premium upon the policy may not be at the same rate as the charged by the Company or paid to the Company by its Customer. In so far as the Company agrees to arrange insurance, the Company acts solely as the agent of the Customer using reasonable effects to arrange such insurance. The Company does not warrant or undertake any such insurance will be accepted by the insurance company or underwriters.

10.1Except insofar as otherwise provided by law and regulation or other clauses of these Conditions, the Company’s liability, whether arising from negligence, fault or other causes, shall not exceed the following, whichever is the least of (ı) the value of the Goods lost, damaged, misdirected, misdelivered or in respect of which a claim arises, or (ı) 2 SDR per gross kilogram of the Goods lost, damaged, misdirected, misdelivered or in respect of which a claim arises.

(Note: SDR refers to a Special Drawing Right. The SDR shall be as defined by International Monetary Fund and the value of a SDR shall be calculated as at the date when settlement is agreed or judgment.)

10.2 In the case of claims for delay in respect of the transportation or delivery, the Company ’s liability shall not exceed the amount of the Company’s freight for the Goods the delivery of which has been delayed.

10.3 The actual value of the Goods means the value of the Goods at the time the Company takes over the Goods plus insurance (if paid) and freight. Deduction shall be made, at the time of compensation, of the expenses that had been reduced or avoided as a result of the loss of damage occurred.

10.4 Further and without prejudice to the generality of the preceding provisions of this Clause 10,if the Customer declare the value of the Goods at the time the Company takes over the Goods or by mutual arrangement agreed in writing, the Customer may claim in excess of the limits set out above, but the Company’s liability shall in no event exceed the declared value or agreed value.