The Company undertakes the loading, Shipment
, discharge and delivery of Goods solely upon
and subject to these conditions.
Customers utilising the services of the Company
expressly warrant that they are the Owners of
any Goods or cargo brought onto the Vessel and
that they are authorised to accept and are accepting
these conditions not only for themselves but also
as agents for and on behalf of all other persons
who are or may thereafter become interested in
the Goods.
The Company will have the right to inspect the
contents of any parcel or package and will not
be bound to receive or forward any parcels or
packages the contents of which shall not be declared
at the time of being tendered. The Company reserves
the right to require the unloading of the whole
or any part of the load of any vehicle if in the
opinion of the servants of the Company it is necessary
to do so in the interests of safety or convenience
of handling and no liability is accepted by the
Company in such event.
The Company shall be entitled to employ or contract
with other shipping companies, carriers or persons
for any purpose of, or incidental to the Shipment
of any Goods. The responsibility of the Company
shall be limited to the part of the transport
performed by it on vessels under his management
and no claim will be acknowledged by the Company
for damage or loss arising during any other part
of the transport even though the freight for the
whole transport had been collected by it.
Any vehicle utilising the services provided by
the Company shall be subject to all those restrictions
and requirements regarding the weight, dimensions
and condition of such vehicles as shall be determined
and announced by the Company from time to time.
Payment for the services so provided by the Company
to the Customer shall be based on pre-established
criteria similarly determined and announced by
the Company from time to time. The Shipment of
items considered as "courier" articles,
and the Shipment of newspapers are in addition
to the present terms and conditions regulated
by terms and conditions governing specifically
courier service. The Company does not accept any
responsibility for the drainage, evaporation,
depreciation or deterioration of the Goods occurring
during shipment.
All Goods received by the Company or its agents
or servants for the purpose of being carried or
otherwise will be held subject to the special
privileges established by law.
Neither the Company nor its servants or agents
shall be liable for any loss or damage to any
Customer's Goods or contents of vehicles, delay,
mis-delivery or non-delivery in any circumstances
whatsoever, which are not caused by any fault
or neglect on the part of the Company nor its
servants or agents acting within the scope of
their employment or caused by the failure of any
Customer to properly and safely secure any vehicles
or Goods, whether loaded thereon or otherwise,
for the entire duration of the shipment or for
any Sea Risks whatsoever.
The Owners of goods shall be liable for any loss,
damage or delay with respect to the Goods and/or
to the property of the Company or of third parties
and for personal injury or death to any persons
wheresoever such damages are caused or inflicted
by the Goods.
General average (if any) in accordance with York-Antwerp
Rules, 1974, or any subsequent amendment thereto.
No servant or agent of the Company (including
every independent contractor from time to time
employed by the Company) shall in any circumstances
whatsoever be under any liability whatsoever to
the Shipper, Consignee, Owner of the Goods for
any loss, damage or delay of whatsoever kind,
except any such loss damage or delay arising or
resulting directly or indirectly from any fault
on his part while acting in the course of his
employment. Without prejudice to the generality
of the foregoing provisions of this clause, every
right, exemption, limitation, condition and liberty
herein contained and every right, exemption from
liability, defence and immunity of whatsoever
nature applicable to the Company or to which the
Company is entitled hereunder, shall also be available
and shall extend to protect every such servant
or agent of the Company acting as aforesaid and
for the purpose of all the foregoing provisions
of this clause the Company is or shall be deemed
to be acting as agent or trustee on behalf of
and for the benefit of all persons who are or
might be its servants or agents from time to time
(including independent contractors as aforesaid)
and all such persons shall to this extent be deemed
to be parties to the Shipment contract.
The Owner shall furnish to the Company a statement
of the identity of any dangerous, hazardous and
toxic Goods entrusted to the Company or loaded
onto any of its Vessels, indicating the nature
of the danger involved by quoting the relevant
UN packing group under which the Goods are classified
and the UN number together with the IMDG code,
where known, and flashpoint, where applicable.
Tremcards must accompany those Goods for which
they are required. Owners must comply with all
laws, rules and regulations regarding such dangerous,
hazardous or toxic Goods as are applicable in
Malta from time to time.
The Company shall not be obliged to carry or
otherwise handle dangerous Goods. Any refusal
on the part of the Company to carry or handle
such Goods shall be at the full discretion of
the Company and shall not require the giving of
any reasons whatsoever.
Goods of a dangerous nature to the Shipment whereof
the Company has not consented with the knowledge
of their nature and character, may at any time
be unloaded, abandoned, discharged, landed, jettisoned,
destroyed, rendered innocuous or otherwise disposed
of by the Company without compensation, and without
prejudice to Clause 11. the Owner of such Goods
shall be liable for all damages and expenses directly
or indirectly arising out of or resulting from
such shipment whether or not the said Owner had
knowledge or should have had knowledge of the
nature and character of the Goods at the time
of the shipment. If any Goods shipped with such
knowledge and consent shall become a danger they
may be dealt with in like manner.
The Hague Rules contained in the International
Convention for the Unification of certain rules
relating to Bills of Lading dated Brussels the
25th August 1924 shall apply to this contract
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