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Terms Of Trade (Page 3 of 3)



PART II: Company as Agent
 
20. Special Liability and Indemnity Conditions
 
20.1 To the extent that the Company acts as an agent, the Company does not make or purport to make any contract with the Customer for the carriage, storage or handling of the Goods nor for any other physical service in relation to them and acts solely on behalf of the Customer in securing such Services by establishing contracts with third parties so that direct contractual relationships are established between the Customer and such third parties.
 
20.2 The Company shall not be liable for the acts and omissions of third parties referred to in Clause 20.1.
 
20.3 The Company, when acting as an agent, has the authority of the Customer to enter into contracts on the Customerís behalf and to do acts which bind the Customer in all respects notwithstanding any departure from the Customerís instructions.
 
20.4 Except to the extent caused by the Companyís negligence, the Customer shall defend, indemnify and hold harmless the Company in respect of all liability, loss, damage, costs or expenses arising out of any contracts made in the procurement of the Customerís requirements in accordance with Clause 20.1.
 
21. Choice of Rates
 
21.1 Where there is a choice of rates according to the extent or degree of liability assumed by persons carrying, storing, or handling the Goods, no declaration of value (where available) will be made by the Company unless previously agreed in writing between the Customer and the Company.


PART III: Company as Principal
 
22. Special Liability Conditions
 
22.1 Where the Company contracts as principal for the performance of the Customerís instructions, the Company undertakes to perform, or in its own name to procure, the performance of the Customerís instructions and, subject to the provisions of these Conditions, shall be liable for the loss of or damage to the Goods occurring from the time that the Goods are taken into its charge until the time of delivery.
 
22.2 Where:
(a) the Company contracts as a principal and sub-contracts the performance of the Companyís Services; and
(b) it can be proved that the loss of or damage to or in respect of the Goods arose or was caused whilst the Goods were in the care or custody of the sub-contractor; the Company shall have the full benefit of all rights, limitations and exclusions of liability available to the sub-contractor in the contract between the Company and the sub-contractor and in any law, statute or regulation and the liability of the Company shall not exceed the amount recovered, if any, by the Company from the sub-contractor.
 
22.3 Notwithstanding other provisions in these Conditions, if it can be proved where the loss of or damage to the Goods occurred, the Companyís liability shall be determined by the provisions contained in any international convention or national law, the provisions of which:
(a) cannot be departed from by private contract, to the detriment of the claimant, and
(b) would have applied if the claimant had made a separate and direct contract with the actual provider of the particular service in respect of that service or stage of carriage where the loss or damage occurred and received as evidence thereof any particular document which must be issued if such international convention or national law shall apply.
 
22.4 Notwithstanding other provisions in these Conditions, if it can be proved that the loss of or damage to the Goods occurred at sea or on inland waterways and the provisions of Clause 22.2 do not apply, the Companyís liability shall be determined by the Hague-Visby Rules. Reference in the Hague-Visby Rules to carriage by sea shall be deemed to include reference to carriage by inland waterways and the Hague-Visby Rules shall be construed accordingly.
 
22.5 Notwithstanding the provisions of Clauses 22.2, 22.3 and 22.4, if the loss of or damage to the Goods occurred at sea or on inland waterways, and the Owner, Charterer or operator of the carrying vessel is entitled to limit its liability at law and establishes a limited fund, the liability of the Company shall be limited to the proportion of such limitation fund as is allocated to the Goods.
 
22.6 In the event of any inconsistency between these Conditions and the conditions of any Bill of Lading or Air Waybill issued by or on behalf of the Company as Principal, the conditions of any such Bill of Lading or Air Waybill shall prevail to the extent of such inconsistency but no further.
23. Both-to-Blame Collision Clause
 
23.1 The Both-to-Blame Collision Clause as recommended by BIMCO as at the same time of the provision of Services is incorporated into and forms part of these Conditions.
 


24. Australia, USA and/or Canada and Additional Responsibility Clause
 
24.1 With respect to transportation within Australia, the USA or Canada, the responsibility of the Company shall be to procure transportation by carriers (one or more) and such transportation shall be subject to such carrierís contracts and tariffs and any law compulsorily applicable.
 
24.2 If and to the extent that the provisions of the Harter Act of the USA 1893 would otherwise be compulsorily applicable to regulate the Companyís responsibility for the Goods during any period prior to loading on or after discharge from the vessel on which the Goods are to be or have been carried, the Companyís responsibility shall instead be determined by these Conditions. If such provisions are found to be invalid such responsibility shall be determined by the provisions in the Carriage of Goods by Sea Act of the USA Approved 1936.
 
24.3 If and to the extent that the provisions of the Carriage of Goods by Sea Act 1991 of the Commonwealth of Australia would otherwise be compulsorily applicable to regulate the Companyís responsibility for the Goods during any period prior to loading on or after discharge from the vessel on which the Goods are to be or have been carried, the Companyís responsibility shall be determined by these Conditions. If such provisions are found to be invalid such responsibility shall be determined by the provisions in the Carriage of Goods by Sea Act 1991.
 
24.4 If the Hamburg Rules should be held to be compulsorily applicable to any carriage of goods by sea undertaken by the Company as principal, these Conditions shall be read subject to the provisions of the Hamburg Rules and any term of these Conditions that is repugnant to the Hamburg Rules shall be void to the extent of such repugnancy but no further.
 
25. Air Carriage
 
25.1 Where the Company acts as a principal in respect of a carriage of Goods by air, the following notice is hereby given:
(a) If the carriage involves an ultimate destination or stop in a country other than the country of departure, the Montreal Convention may be applicable and the Convention governs and in most cases limits the liability of carriers in respect of loss of or damage to Goods. Agreed stopping places are those places (other than the places of departure and destination) shown under requested routing and/or those places shown in carrierís timetables as scheduled stopping places for the route. The address of the first carrier is the airport of departure.
 
25.2 Notwithstanding any other provision of these Conditions, where the Company acts as a principal in respect of a carriage of Goods by air, the Companyís liability in respect of loss of or damage to such Goods shall be determined in accordance with the Montreal Convention.
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