9.1 Subject to the following paragraphs of this clause 9 and clause 10, and except as otherwise set out in these Conditions, the Goods are at your risk at all times and we are not liable to you or to any third party in tort, contract, bailment or otherwise for any loss, damage, delay or deterioration to, or misdelivery or failure to deliver the Goods whatsoever arising from the Service for any reason including any failure by us to perform the Service, any negligence or breach of contract or statutory duty or wilful misconduct or default by us.

9.2 Clause 9.1 applies to all, and the consequences of all loss, damage, delay, deterioration, misdelivery or failure by us whether it occurs in events which are in our or your contemplation or in events which are foreseeable by you or us, or in events which could constitute a fundamental breach or breach of a fundamental term of the contract of which these conditions form part.

9.3 If the Service involves an ultimate destination or stop in a country other than the country of departure, the Warsaw Convention or the Montreal Convention may be applicable and govern and, in most cases, limit our liability for loss of, or damage to, or delay in Delivery of the Goods. The Warsaw Convention and Montreal Convention also contain time limits for notification of claims to us and for commencement of any proceedings against us.

9.4 The Warsaw Convention’s liability limits may vary depending on the country of delivery. If either the Warsaw Convention as amended by Montreal Additional Protocol 4 or the Montreal Convention applies to your Goods, our liability is limited to 17 Special Drawing Rights per kilo unless a higher value is declared in advance by you and an additional Charge is paid if required. The Montreal Convention's liability limits may be adjusted for inflation every 5 years.

9.5 If clause 9.1 of these conditions is deemed invalid by any law of any country including those which apply to damage occurring during international Service by air, then our liability, subject to clause 10, is limited to a sum not exceeding $100 per consignment of Goods.

9.6 We exclude the Implied Terms which we are permitted to exclude at law and, where we are only permitted at law to limit the Implied Terms, we limit our liability for a breach of an Implied Term to, at our option, replacing or repairing the Goods, resupplying the Service or paying the cost of replacing or repairing the Goods or resupplying the Service.

9.7 You must notify us in writing of any claim (including a claim under clause 10) against us within: (a) 14 days from the date of Delivery for any damage; or (b) 28 days from the date when the Goods should have been Delivered if the Goods are not delivered.

9.8 If you do not institute legal proceedings for any claim against us within 120 days of Delivery or the date when the Goods should have been delivered, you release us from all liability.

9.9 (a) Subject to clause 9.9(b), if the Service is a ”Next Flight” Service and we do not deliver the Goods by the indicated delivery time then, despite the above, we will, upon written request, refund the Charge for the Service to you.
(b) Clause 9.9(a) does not apply if the delivery time is not achieved due to Force Majeure.