Consequential Loss, no liability for
BIFA (2005) Section 26 (C)
Save in respect of such loss or damage as is referred to at Sub-Clause (B) and subject to Clause 2(B) above and Sub-Clause(D) below, the Company shall not in any circumstances whatsoever be liable for indirect or consequential loss such as (but not limited to) loss of profit, loss of market or the consequences of delay or deviation however caused.
CIFFA Section 15.
Without prejudice to any other conditions herein or other defences available to the Company, in no circumstances whatsoever shall the Company be liable to the Customer or owner for
(a)consequential or indirect loss, including loss of market, except as provided for in paragraph (b);
(b)loss of, damage to or consequential or indirect loss caused by delay or deviation in connection with the transport of goods in a sum in excess of twice the difference between the charges invoiced by the Company and amounts paid by the Company to third parties for transport or other service related to those goods;
FIATA Model Rules Section 8.
Exclusions, assessment, and monetary limits of liability
Section 8.1. . Exclusions The Freight Forwarder shall in no event be liable for: ....
Section 3. indirect or consequential loss such as, but not limited to, loss of profit and loss of market.
NCBFAA Section 8(d)
Customer agrees that the Company shall, in no event, be liable for consequential, punitive, statutory or special damages in excess of the monetary limit provided for above.
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Peter Jones' Commentary:
The common law used to discourage claims for damages for financial loss etc. in the context of transport of goods. This provision re-enforces this principle. The NCBFAA Conditions include punitive damages, which recognizes that in the United States juries are prone to award punitive damages wherever their sense of justice is outraged.
Many forwarding conditions contain a specific limitation on liability that would apply in the unlikely event that a court was to hold a forwarder liable for consequential loss despite the provisions of this clause.
See Other Claims, maximum Liability.