Common use of Cargo Damage/ Care, Custody and Control Clause in Contracts

Cargo Damage/ Care, Custody and Control. Exclusion of Liability a) the loss, destruction or damage occurred directly and solely as a result of the proven negligence or willful misconduct of an officer or employee of the Operator while acting within the scope of his duties or employment; and b) the loss, destruction or damage is visible in the ordinary course of delivery of the Cargo, the Operator is given notice before the Cargo leaves the Berth Corridor and is provided the opportunity to counter survey the Cargo before it leaves the Berth Corridor; or c) if the loss, destruction or damage is not visible while the Cargo is on the Berth Corridor, the Operator is given written notice within thirty days after the Cargo was removed or should have been removed from Berth Corridor of the loss, destruction or damage and the general nature thereof with an opportunity for the Operator or its designee to inspect the Cargo; and, d) in either case: i) six months following the incident alleged to have caused the loss, destruction or damage, a detailed and final claim is given in writing to the Operator; and