6 (a) Subject to the terms and conditions in this contract, the Company shall not be liable for any loss or damage suffered by the Customer or any other person, howsoever caused or arising, whether:
(i) an authorised or unauthorised act OR contemplated or uncontemplated act under this contract;
(ii) caused by the negligence and/or recklessness and/or wilful misconduct of the Company’s servants, agents, employees, subcontractors or otherwise;
(iii) resulting from, or attributable to, any quotation, statement, representation or information, oral or written, made or given on behalf of the Company or its servants, agents, employees or subcontractors as to the classification of, liability for, amount, scale or rate of customs duty, excise duty or other impost or tax applicable to any goods subject of any Service.
(b) No declaration of value or liability will be made which might extend the liability of the Company beyond that stated herein. The Goods will be forwarded/dealt with at the Customer’s risk unless express written instructions to the contrary are given by the Customer, accepted in writing by the Company and extra charge paid if required.
(c) In all cases where liability has not been, or cannot be, excluded by this agreement because of mandatory applicable statute, convention or law, the liability of the Company is limited to the lesser of AUD$100.00 or the value of the Goods the subject of the agreement at the time the Goods were received by the Company.
(d) In all cases where liability cannot be limited as aforesaid or by this agreement because of breach of any condition or warranty herein or under other mandatorily applicable law or otherwise, the liability of the Company is limited to either of the following as determined by the Company at its absolute discretion:
(i) providing supply of the Services again; or
(ii) payment of the cost of having the Services supplied again.
(e) Without limiting the generality of the foregoing, the Company shall in no circumstances be liable for loss or damage arising from any Service in respect of the Goods whilst not in its possession or direct, indirect or consequential loss or damage arising from the Services performed in respect of the Goods including loss of market, loss of profit or loss of contracts howsoever caused. The rights, immunities, defences and limits provided for in these conditions shall apply in any action against the Company for loss or damage whether the action be found in contract, tort or otherwise notwithstanding any breach of any condition herein by the Company.
(f) Further without limiting the generality of the foregoing, the Company shall not be liable for any loss or damage suffered by the Customer or any other person as a result of a failure or inability of the Company or Subcontractor to collect or receive C.O.D. payments from any consignees or their agents whether caused by the negligence of the Company’s servants, agents, employees, Subcontractors or otherwise.
(g) It is hereby agreed between the Customer and the Company that the Customer’s right to compensation for any claim for loss or damage will only be maintained provided the following is strictly adhered to:
(i) Any claim for damage to Goods must be lodged in writing to the Company within 7 days of delivery of the Goods or the date Services are or should have been completed, whichever date occurs first;
(ii) Any claim for loss/non-delivery of Goods must be notified in writing to the Company within 60 days from the date the Goods should have been delivered or the Services should have been completed, whichever date occurs first;
(iii) Any right to any legal remedy against the Company shall be extinguished unless legal proceedings are brought against the Company in the state of New South Wales and not otherwise within 6 months from the date of this contract or the date the Services were completed or Goods delivered, or the date the Services should have been completed or the Goods should have been delivered, whichever date occurs first.