Limitation of Liability
Limitation of Liability Policy for Atlantis Logistics
1. Purpose
The purpose of this Limitation of Liability Policy is to define the extent of Atlantis Logistics’ responsibility and liability in relation to the services provided. It aims to clarify the limitations on claims that may arise from the loss, damage, delay, or other issues encountered during the logistics and shipping processes.
2. General Limitation of Liability
Atlantis Logistics shall not be liable for any loss, damage, or delay caused by events beyond its reasonable control, including but not limited to acts of nature, war, terrorism, civil unrest, government restrictions, or failures of third-party service providers. Our liability is limited as follows:
3. Loss or Damage to Goods
Atlantis Logistics shall not be liable for:
a. Maximum Liability Limit RS 3000
- Atlantis Logistics’ liability for loss or damage to goods, whether in transit, warehousing, or handling, shall be limited to the lesser of RS 3000:
b. Excluded Items
- Atlantis Logistics shall not be responsible for loss or damage to goods that are fragile, perishable, improperly packaged, or prohibited unless previously agreed upon in writing and with adequate insurance.
4. Delay in Delivery
Atlantis Logistics shall not be held liable for delays in delivery caused by factors beyond our control, including but not limited to:
- Customs inspections and clearance delays
- Carrier or transport delays
- Weather conditions and natural disasters
- Strikes, labor disruptions, or operational issues of third-party service providers
- Force Majeure events
In such cases, Atlantis Logistics will make all reasonable efforts to mitigate the impact of the delay, but no financial compensation will be offered unless otherwise agreed in writing.
5. Third-Party Services
Atlantis Logistics engages third-party service providers, including carriers, freight forwarders, and customs brokers, to fulfill certain aspects of its logistics services. Atlantis Logistics shall not be held liable for:
- Actions or omissions of third-party service providers.
- Loss or damage caused by third-party carriers, warehouse operators, or any external entity involved in the logistics chain.
- Delays, misdeliveries, or errors resulting from third-party service providers.
In cases of disputes, Atlantis Logistics will assist clients in liaising with the third party to resolve issues, but any liability claims must be directed to the relevant third party.
6. Insurance
Atlantis Logistics recommends that clients purchase comprehensive insurance coverage for high-value or sensitive goods. Atlantis Logistics’ liability is limited to the terms agreed in writing, and the absence of adequate insurance may limit recovery of damages.
a. Limited Liability Without Insurance
- If the client opts not to purchase insurance, Atlantis Logistics’ liability for loss or damage will be limited as outlined in Section 3a.
b. Client Responsibility
- It is the client’s responsibility to request and pay for additional insurance coverage if required. Atlantis Logistics can facilitate insurance but is not responsible for any failure to insure unless explicitly agreed upon.
7. Consequential Damages
Atlantis Logistics shall not be liable for any indirect, incidental, consequential, or special damages, including but not limited to:
- Loss of business, profits, or revenue.
- Loss of contracts or customers.
- Costs associated with alternative shipping arrangements or storage.
- Emotional distress or inconvenience caused by delays or loss.
Even in cases where Atlantis Logistics has been advised of the possibility of such damages, liability is limited strictly to direct loss or damage to goods as outlined in this policy.
8. Client Responsibilities
Clients must fulfill their obligations to ensure smooth and compliant shipping operations. Atlantis Logistics shall not be liable for:
- Inaccurate or incomplete shipping information: Including wrong addresses, improper labeling, or misclassification of goods.
- Failure to provide customs documentation: Inadequate or incorrect documentation may result in customs delays or penalties for which Atlantis Logistics will not be held responsible.
- Improper packaging: Clients must ensure that goods are packaged in a manner suitable for the shipping method. Atlantis Logistics shall not be responsible for damages resulting from improper or inadequate packaging.
9. Force Majeure
Atlantis Logistics shall not be liable for failure to perform or delays in performance due to events outside its reasonable control, including but not limited to:
- Natural disasters (earthquakes, floods, storms).
- Acts of terrorism, war, or civil unrest.
- Governmental actions, embargoes, or restrictions.
- Strikes, labor disputes, or operational disruptions.
- Pandemics or health emergencies.
In the event of a Force Majeure situation, Atlantis Logistics will make all reasonable efforts to resume operations as soon as possible, but no liability will be accepted for delays or damages caused by such events.
10. Dispute Resolution
In the event of a dispute related to loss, damage, or delays, Atlantis Logistics will work with the client to find a resolution. However, any claims for compensation must be submitted in writing within the time frame stipulated in the contract or applicable law.
a. Claim Deadline
All claims for loss, damage, or delay must be submitted within 30 days of the scheduled delivery date or the date the issue was first noticed.
b. Jurisdiction
This policy is governed by the laws of India, and any disputes will be subject to the exclusive jurisdiction of the courts of [City, India].
11. Amendments
Atlantis Logistics reserves the right to amend this Limitation of Liability Policy at any time in response to changes in business conditions, market practices, or legal requirements. Clients are responsible for reviewing and staying informed about the latest terms of this policy.
12. Conclusion
Atlantis Logistics is committed to providing reliable and high-quality logistics services. However, this Limitation of Liability Policy ensures that all parties understand the boundaries of liability and the importance of adequate insurance and compliance with shipping requirements.