9. Remedies and Limitation of Liability

  • Seller shall not be liable for any negligent act caused by its officers, employees or other vicarious agents, unless a fundamental contractual obligation has been thereby breached. Fundamental contractual obligations include the obligation to deliver the Containers in good time; and ensuring the personal safety of the staff of Purchaser or protecting the latter’s property from significant damage.
  • Insofar as Seller is liable for damages as aforesaid, such liability shall be limited to foreseeable damage only. Any further claims for damages, including but not limited to claims for indirect losses or for lost profits, shall be excluded.
  • Any contractual and non-contractual claims by Purchaser against Seller are subject to a limitation period of one (1) year.
  • In the event Seller fails or refuses to perform its obligations hereunder and Deliver the Containers to Purchaser, then, provided Purchaser is not then in default hereunder, Purchaser shall be entitled to cancel the purchase. Any claim by Purchaser against Seller shall be limited to the refund of any sums previously paid by Purchaser on account of the Purchase Price, if any, and liquidated damages in the amount of twenty euros (EUR 20.00) per Container, but, in no event shall Seller be responsible for any claimed incidental or consequential damages. The parties agree that said sum is a reasonable estimate of the damages Purchaser would suffer for breach or non-performance by Seller hereunder. In the event Seller tenders the Containers for delivery in accordance with the terms of these Terms and Conditions and Purchaser fails or refuses to perform its obligations hereunder and pay the purchase price for the Containers, at Seller’s option, in addition any other remedy available to Seller, Seller shall be entitled to cancel the sale.
on 星期五 10月 21 by gatewaysusan
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Gateway Container International Limited, a subsidary of Gateway Logistics, specialized in container trading, and container one way leasing . The main service area is Eurasia.

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RM.419-421, Tianda Business Centre, No.203, Moling Road, Jing'an District, Shanghai, China. P.C.:200070

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