In any event, Overnite Express will not be liable for any damages, whether direct, incidental, special or consequential, in excess of the declared value of a shipment, whether or not we knew or should have known that such damages might be incurred, including, but not limited to loss of income or profits. We will not be liable for, nor shall any adjustment, refund or credit of any kind be made as a result of any loss, damage, delay, misdelivery, non-delivery or misinformation, except such as may result from our sole negligence, including, but not limited to, any such loss, damage, delay, mis-delivery, non-delivery or misinformation caused by or resulting from: the act, default or omission of the sender, recipient or anyone else with an interest in the shipment; the nature of the shipment or any defect, characteristic or inherent vice of the shipment; your violation of any of the terms and conditions contained in this Service Guide as amended from time to time, or of a Shipment Form including, but not limited to: the improper or insufficient packaging, securing, marking or addressing of shipments; perils of public enemies, public authorities acting with actual or apparent authority on the premises; authority of law; local disputes, civil commutations, hazards incident to a state of war; weather conditions; national or local disruptions in ground transportation networks due to events beyond our control, such as weather phenomena, strikes or natural distress; acts or omissions of any person or entity other than Overnite Express, including our compliance with verbal or written delivery instructions from the sender or recipient; loss of or damage to articles packed and sealed in shipments by the sender, provided the seal is unbroken at the time of delivery and the shipment retains its basic integrity; our inability to provide a copy of the delivery record; our failure to honor shipment orientation graphics; damage in transition in handling of, or concealed or other damage to, fluorescent tubes, neon lighting, neon signs, X-ray tubes, glass, or other inherently fragile items.