15 Exclusions
15.1 To the fullest extent permitted by applicable law and in respect of both Standard Liability and Limited Liability:
15.1.1 we will not be liable for any loss of income or revenue, loss of profits or contracts, loss of markets, loss of reputation, loss of customers, loss of use, loss of data, loss of an opportunity or an anticipated saving, waste of management or office time or for any indirect, incidental, special or consequential damages or loss howsoever arising (whether in contract, tort or otherwise and whether or not foreseeable) including but not limited to the loss, damage, delay, misdelivery or non-delivery of your Package even if we had knowledge that such damages or loss might arise;
15.1.2 where the lost or damaged Package is part of a pair or set, our liability to you, where it is assessed as the cost of replacement of that Package, is to be assessed as a sum equivalent to the cost of that Package in isolation, not the cost of that Package as part of a pair or set.
15.2 We are not liable in respect of Standard Liability (unless stated otherwise in this Clause 15.2(a)) or Limited Liability if your Package is lost, damaged, delayed or mis-delivered or not delivered or if we do not fulfil any obligations towards you at all as a result of:
15.2.1 circumstances beyond our control (each a "Force Majeure Event") such as (but not limited to):
15.2.1.1 (liability is included under Standard Liability) acts of god including earthquakes, cyclones, storms, flooding, fire, disease, fog, snow or frost;
15.2.1.2 (liability is included under Standard Liability subject to (ix) below) force majeure including (but not limited to) war, invasion, hostilities (whether or not war is declared), piracy, accidents, acts of public or foreign enemies, strikes, industrial action, embargoes, perils of the air, riot, terrorism, rebellion and/or military coup, local disputes, civil war or civil commotions;
15.2.1.3 national or local disruptions in air or ground transportation networks and mechanical problems to modes of transport or machinery;
15.2.1.4 latent, pre-existing or inherent defects or inherent vice or characteristics in the Package;
15.2.1.5 criminal acts of third parties such as theft and arson;
15.2.1.6 you being in breach of (or any other party claiming an interest in the Package causing you to breach) your obligations under these terms and conditions and in particular those warranties, representations and guarantees set out in Clause 12;
15.2.1.7 your acts or omissions or the acts or omissions of a third party;
15.2.1.8 an act or omission of any customs, airline, airport or government official; or
15.2.1.9 chemical, biological, bio-chemical, electromagnetic weapons and cyber attack.
15.2.2 electrical or magnetic damage to, or erasure of, electronic or photographic images, data or recordings;
15.2.3 the Package consisting of any article that is a Prohibited Item or a Restricted Item even though we or the Carrier may have accepted the Package.
15.3 Our performance under the Contract is deemed to be suspended for the period that a Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event, but if the Force Majeure Event continues for 7 days or more we may terminate the Contract without liability to you.
15.4 We shall not be liable for any damage to or loss of any packaging.
15.5 If you (or any person from whom you derive your right to claim) has caused or contributed to any loss, damage or delay to a Package, any liability we may incur in respect thereof (limited as set out in these terms and conditions) may be reduced or extinguished in accordance with the law applicable to such contributory negligence.
15.6 Claims are limited to one claim per Package, settlement of which will be full and final settlement for all loss or damage in connection therewith.
15.7 Our liability will cease upon delivery of the Package in accordance with Clause 6.
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