a) SCT shall not be liable for any loss, damage, delay, error or omission whatsoever arising directly or indirectly from the following:-
i) Act of God including, but not limited to, storm, tempest, flood or lightening strike;
ii) War or hostile military action, rebellion, riot or civil commotion;
iii) Orders of any government, governmental or quasi governmental body, public, regulatory or local authority or body;
iv) Strike, lock-out or other industrial action;
v) Lack of or defective condition of packaging;
vi) Any act or omission of the Customer, consignor, consignee or other person interested in the Goods, Equipment or Ship or any person acting on behalf of any of them including their respective employees, agents and contractors;
vii) Any act, matter, event or circumstance occurring prior to the Goods or Equipment or Ship being delivered to the Terminal or subsequent to the Goods or Equipment or Ship leaving the Terminal;
viii) The nature of the Goods and/or Equipment and/or Ship exposing them to total or partial loss or damage due to breakage, rust, decay, desiccation, leakage, wastage, inherent or latent defect or vice or natural deterioration;
ix) Insufficiency or inadequacy of marks or numbers on the Goods and/or Equipment and/or Ship or the packaging of the Goods or Equipment;
x) Shortage of berthing space, labour, plant deficiency, fuel or power or insufficient depth of water at any berth or the approaches thereto;
xi) Any other cause or event which SCT is unable to avoid and the consequences of which SCT is unable to prevent by the exercise of reasonable care.
b) The Customer shall indemnify SCT against and hold SCT harmless from all and any claims, damage, losses and expenses arising from the following, except to the extent that they are due to the negligence of SCT:-
i) The act, omission or instructions of the Customer, consignee, consignor or owner or other persons interested in the Goods and/or Equipment and/or Ship;
ii) The nature and/or defective condition of the Goods and/or Equipment and/or Ship;
iii) Any breach of any warranty or obligation given or owed by the Customer to SCT in these conditions or elsewhere;
iv) All duties, taxes, imposts, levies, deposits and outlays of whatsoever nature levied by any authority and/or any expenses incurred in complying with the requirements of any authority in relation to the Goods and/or Equipment and/or Ship;
c) In no circumstances whatsoever shall SCT's liability exceed:-
i) In respect of damage to Ships and/or their gear, the cost of repair of the damage or the value of the Ship or gear, whichever be the lesser up to a limit of £5,000,000 (five million);
ii) In respect of damage to or loss of Equipment, the value of the Equipment or the cost of repairs, whichever be the lesser, up to a limit of £2,000 (two thousand) per incident;
iii) In respect of damage to or loss of Goods, the invoice value of the Goods, the cost of repair of the Goods or a sum equivalent to £1.30 per kilogram gross weight of the Goods, whichever be the lesser;
d) SCT's liability in respect of claims for any other losses whatsoever including but not limited to delay to Goods or Equipment and/or Ships howsoever arising shall not exceed SCT's charges in respect of those Goods and/or the Equipment and/or Ship which forms the subject of the claim.
(e) Under no circumstances shall SCT be liable for any consequential or indirect loss of whatever nature and howsoever arising including (but not be limited to) any loss of profit (whether direct or indirect), loss of market share, loss of goodwill, loss of future or anticipated sales, loss of production or factory "down time", damages, costs or expenses incurred or payable by the Customer to any third party or any other indirect or consequential loss.
f) The limits of liability set out in Condition 5(c) and (d) above shall apply unless SCT agrees in writing with the customer that the limits of liability shall be varied and SCT reserves the right to agree additional charges in the event that the Customer seeks such an increase in the limits.
g) SCT shall have no liability for damage, delay or other loss whatsoever to a Ship, Goods or Equipment arising before the Ship, Goods or Equipment enter the Terminal or after the Ship, Goods or Equipment leave the Terminal.
h) The Customer shall indemnify SCT against and hold SCT harmless from all and any claims, costs and demands whatsoever and by whomsoever made or preferred in excess of the liability of SCT under the terms of these Conditions whether or not such claims arise from the negligence or breach of duty of SCT, their servants or agents.
i) If a claim is made against SCT by a person in respect of personal injury or death to that person, these Conditions shall not operate to limit or exclude SCT's liability to that person in respect of the personal injury or death. This clause is without prejudice to SCT's right to an indemnity or contribution, whether under this contract or otherwise, from any party in respect of such liability.
j) The limits and exclusions of liability herein shall apply to any claim made against SCT whether such claim be made in contract, tort, bailment or otherwise.
k) The Customer shall not make any claim against SCT where the value of the loss suffered by the Customer arising from the incident or event giving rise to the claim does not exceed £150.
