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
20.3 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.
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
22.1 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.
(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.
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:
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.
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
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.