Limitation of Liability
Except as otherwise expressly provided in a written guaranteed delivery agreement executed by both parties, Motion Miles Logistics, its affiliates, officers, directors, employees, agents, and subcontractors shall not be liable to the client or any third party for any indirect, incidental, special, consequential, or exemplary damages, including but not limited to loss of profits, loss of income, loss of business opportunities, or business interruption, arising out of or in connection with any delay, service interruption, or failure to deliver, regardless of the cause and even if Motion Miles Logistics has been advised of the possibility of such damages.
In all cases, the aggregate liability of Motion Miles Logistics for any claim, demand, or cause of action arising out of or relating to the specific delivery service provided shall be strictly limited to the total amount actually paid by the client for such service6. This limitation shall apply whether the claim is based in contract, tort (including negligence), strict liability, or otherwise, and shall survive the termination or expiration of this agreement.
Nothing in this clause shall operate to exclude or limit liability to the extent such exclusion or limitation is prohibited by applicable law.