The Company warrants to the Client that the Services will be provided using reasonable care and skill. Except in respect of death or personal injury caused by the company’s negligence, the Company shall not be liable to the Client by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the Contract, for any loss of profit or any indirect, special or consequential loss, damage, costs, expenses or other claims (whether caused by the negligence of the Company, its servants or agents or otherwise) including without limitation loss of anticipated profits, goodwill, reputation, business receipts or contracts or losses or expenses resulting from third party claims which arise out of or in connection with the provision of the Services or their use by the Client, and the entire liability of the Company under or in connection with the Contract whether for negligence, breach of contract, misrepresentation or otherwise shall not in any circumstances exceed the amount of the company’s Charges for the provision of the Services.
The Company shall not be liable to the Client under the provisions of the clause unless the Company receives a written claim within 5 days from the date that the Company provided the Services to the Client.
The Client shall be responsible for and shall fully indemnify the Company in respect of any loss or damage caused to the Vehicle or any additional costs or expenses incurred by the Company due to any act, omission or default of the Client when using the Services.
For the avoidance of doubt, where the Client enters into a Contract with the Company in respect of the Services and consents to its employees, agents, sub-contractors, customers or suppliers actually utilising the Services, the Client shall remain solely liable to the Company in respect of any loss or damage suffered by the Company caused by any act, omission or default notwithstanding any other remedy the Company may have against any other third party.