Skylark Express contracts with Shipper on the basis that Skylark Express liability is strictly limited to direct loss only and to the per kilo/Ib limits in this Section 6. All other types of loss or damage are excluded (including but not limited to lost profits, income, interest, future business) whether such loss or damage is special or indirect and even if the risk of such loss or damage was brought to Skylark Express's attention before or after acceptance of the shipment since special risks can be insured by Shipper. If a shipment combines carriage by Air, Road or other modes of transport, it shall be presumed that any loss or damage occurred during the air period of such carriage unless proven otherwise.
Skylark Express liability in respect of any one shipment transported, without prejudice to Sections 7-11, is limited to its actual cash value and shall not exceed the greater of
- $US 100 or equivalent currency of the Origin country
- $US 20.00/kilogram or $US 9.07/lb or equivalent currency of the origin country for shipments transported by Air or other non-road mode of transportation
- $US 10.00/kilogram or $US 4.54/lb or equivalent currency of the origin country for shipments transported by Road (not applicable to the US)
Claims are limited to one claim per shipment settlement which will be full and final settlement for all loss or damage in connection therewith. If Shipper regards these limits as insufficient it must make a special declaration of value and request insurance as described in Section 8 (Shipment Insurance) or make its own insurance arrangements, failing which the Shipper assumes all risks of loss or damage.