7.1) Nothing in these Terms and Conditions shall operate so as to exclude or limit the liability of either party to the other for death or personal injury arising out of negligence, or for any other liability which cannot be excluded or limited by law.
7.2) The Customer acknowledges that:
7.2.1) the Services are operated and provided solely by the Carrier; and
7.2.2) ATOM LOGISTICS is not liable to the Customer for any loss suffered as a result of a delay in the Carrier providing the Services or failing to provide the Services, except as expressly set out in the Carrier Terms and Conditions.
7.3) Atom Logistics is not liable to the Customer for any financial loss suffered in the event of a shipment being incorrectly booked onto the Carriers system either deliberately or inadvertently whatever the circumstances.
7.4) ATOM LOGISTICS’ liability for any damage to, or loss of the Goods, however it arises, shall be limited to whichever is the lesser of:
7.4.1) the limit of liability set out in the relevant Carrier Terms and Conditions;
7.4.2) £10 for every kilogramme of the gross weight of the Goods; or
7.4.3) the value of the Goods.
7.5) ATOM LOGISTICS shall not be liable to the Customer for any damage to, or loss of the Goods, or any other loss that is suffered by the Customer in the event that the Customer breaches any of the conditions contained in the Carrier Terms and Conditions.
7.6) ATOM LOGISTICS will not be liable for any loss or damage excluded or restricted under the relevant Carrier Terms and Conditions.
7.7) Under no circumstances shall ATOM LOGISTICS be liable to the Customer for any indirect or consequential loss or damage whatsoever arising under or in relation to these Terms and Conditions (whether arising for breach of contract, misrepresentation (whether tortious or statutory), tort (including but not limited to negligence), breach of statutory duty, or otherwise) even if that party was aware of the possibility that such loss or damage might be incurred by the other.
7.8) The Customer shall notify any claims or invoice queries arising out of or in connection with these Terms and Conditions within 7 days of receipt of invoice which directly relates to the claim or query.
7.9) Notwithstanding the forgoing terms of this condition 7 (but subject as below) if the Customer selects the Service Warranty option offered by ATOM LOGISTICS and pays the relevant additional charge for this service then ATOM LOGISTICS shall be liable for any loss or damage to any Goods while in the possession of ATOM LOGISTICS or the Carrier up to the lower of:
7.9.1) the replacement cost to the Customer as at the date of the claim; and
7.9.2) the overall limit of the Service Warranty appropriate to the additional charges levied.
7.10) Condition 7.9 is subject as follows:
7.10.1) to conditions 8 and 15.5;
7.10.2) to any claim in respect of damaged or lost goods being submitted within 7 days of shipment date;
7.10.3) any claim against the Carrier being assigned to ATOM LOGISTICS;
7.10.4) ATOM LOGISTICS shall not be liable in contract, tort (including without limitation negligence or breach of statutory duty) or otherwise howsoever for any loss of profits, business, bargain, contracts, revenues, diminution of goodwill, anticipated saving or for any special, indirect or consequential damage or loss of any nature whatsoever;
7.10.5) no claim shall lie against ATOM LOGISTICS where Goods have been left without obtaining a signature for them or where the consignment note has been signed acknowledging that the Goods have been received in good condition or where the Customer is in breach of these Terms and Conditions or the Carriers Terms and Conditions;
7.10.6) the Customer shall produce any Good alleged to have been damaged in transit to ATOM LOGISTICS for inspection prior to any credit note being raised for it.
7.11) Any claim will be subject to an excess of £4.99 which will be deducted from any amount to be paid out.
7.12) Credit notes raised for claims against this Service Warranty cannot be exchanged for cash, either in part or full.