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21. Matter's
affecting Performance
If at any time the performance of the contract evidenced by this Bill
of Lading is or is likely to be affected by any hindrance, risk, delay,
difficulty or disadvantage of whatsoever kind which cannot be avoided
by the exercise of reasonable
endeavours, the Carrier (whether or not the transport is commenced)
may without notice to the Merchant treat the performance of this contract
as
terminated and place the Goods or any part of them at the Merchant's
disposal at any place of port which the Carrier may deem safe and
convenient,
whereupon the responsibility of the Carrier in respect of such Goods
shall cease The Carrier shall nevertheless be entitled to full freight
and charges on Goods received for transportation, and the Merchant
shall pay any additional costs of carriage to and delivery and storage
at such place or port. |
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22. Dangerous
Goods
(i) The Merchant undertakes not to tender for transportation any Goods
which are of a dangerous, inflammable, radio active, or damaging nature
without previously giving written notice of their nature at the Carrier
and marking the Goods and the container or other covering on the outside
as required by any laws or regulations which may be applicable during
the carriage..
(ii) it the requirements of sub-Clause (i) are not compiled with the
Merchant shall indemnify the Carrier against all loss, damage or expense
arising out of the Goods being tendered for transportation or handled
or carried by the Carrier.
(iii) Goods which are or at anytime become dangerous, inflammable,
radio 'active or damaging may, at any time or place, be unloaded,
destroyed or
rendered harmless without compensation, end it the Merchant has not
given notice of their nature to the Carrier under (i) above, the Carrier
shall be under no liability to make any general average contribution
in respect of such Goods. |
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23. Refrigerated
Cargo
(1) The Merchant undertakes not to tender for transportation any Goods
which require refrigeration without previously giving written notice
of their nature and particular temperature range to be maintained
and in the case of a refrigerated Container pecked by or on behalf
of the Merchant further undertakes that the Goods have been properly
stowed in the Container and that its thermostatic controls have been
adequately set by him before receipt of the Goods by the Carrier.
If the above requirements are not complied with, the Carrier shall
not be liable for any loss of or damage to the Goods however arising.
(2) The Carrier shall not be liable for any loss of or damage to the
Goods arising from latent defects, derangement, breakdown, stoppage
of the refrigerating machinery, plant, insulation and/or any apparatus
of the Container, vessel conveyance and any other facilities, provided
that the Carrier shall before or at the beginning of the transport
exercise due diligence to maintain the refrigerated container in an
efficient state. |
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24. Refrigerations
Relating to Goods
The Merchant shall comply with all regulations or requirements of
Custom port and other authorities, and shall bear and pay all duties,
taxes, fines, imposts expenses or losses incurred or suffered by reason
thereof or by reason of any illegal, incorrect or insufficient marking,
numbering or addressing of the Goods and indemnify the Carrier in
respect thereof. |
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25. Notification
and Delivery
(i) Any mention in this Bill of Lading of parties to be notified of
the arrival of the Goods is solely for information of the Carrier,
and failure to give such notification shall not involve the Carrier
in any liability nor relieve the Merchant of any obligation here under.
(ii) The Merchant shall take delivery of the Goods within the time
provided for in the Carries applicable Tariff.
(iii) It the Merchant fails to take delivery of the Goods or part
of. them in accordance with this Bill of Lading, the Carrier may without
notice unstow the Goods or that part thereof and/or store the Goods
or that part thereof ashore afloat, in the open or under cover. Such
storage shall constitute due delivery hereunder, and thereunpon all
liability whatsoever of the Carrier in respect of the Goods or that
part thereof shall ceases.
(iv) The Merchant's attention is drawn to the stipulations concerning
free storage time and demurrage contained in the Carrier's applicable
Tariff, which is incorporated in this Bill of Lading. |
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