8. Limitation and Exclusion of Liability | Limitation & Exclusion of Liability | T&Cs | musicMagpie

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Subject to Clauses 3, 4, 5, 6, 7 of these Terms and Conditions the Company’s liability for the loss of or damage to any goods carried within the United Kingdom (which includes Northern Ireland, and all the islands of the cost of Great Britain, excluding the Channel Islands) shall be limited to the amount that the Customer may claim (subject to the claim provisions in Clauses 6 & 9 of these Terms and Conditions) for the items contained within the Parcel, the valuation method of which and therefore the limitation on liability is provided for in Clauses 6 & 9 of these Terms and Conditions only.

Notwithstanding the above, the Company shall, in no circumstances whatsoever, including negligence, nuisance, breach of contract or non-performance by the Company, be liable to the Customer for:

  • any indirect or consequential loss or damage of any kind, including any loss of profits or interest cost and for the avoidance of doubt, the cost of recompiling the information contained on the goods.
  • in the case of Parcels consigned to or from Northern Ireland, and islands off the Coast of Great Britain the Company shall have no liability for any loss in excess of the liability specified herein.

Nothing in these Conditions limits or excludes the liability of the Company:

  • for death or personal injury resulting from negligence; or
  • for any damage or liability incurred by the Customer as a result of fraud or fraudulent misrepresentation by the Company; or
  • for any liability incurred by the Customer as a result of any breach by the Company of the condition as to title or the warranty as to quiet possession implied by section 2 of the Supply of Goods and Services Act 1982.