Common use of Carriage Affected by the Condition of the Goods Clause in Contracts

Carriage Affected by the Condition of the Goods. If it appears at any time that the Goods cannot safely or properly by carried or carried further, either at all or without incurring any additional expense or taking any measure in relation to the Goods or the Container, then Carrier may, without notice to Merchant, but as its agent only, take any measure or incur any additional expense to carry or to continue the Carriage, or to sell or dispose of the Goods, or to abandon the Carriage or store Goods ashore or afloat, under cover or in the open, at any place that Carrier, in its sole discretion, considers most appropriate, which abandonment, storage, sale, or disposal shall be deemed to constitute delivery under this Bill of Lading. Merchant shall indemnify Carrier from and against any additional expenses it has so paid or incurred, including any court costs, interest, expenses, and reasonable attorneys’ fees.

Carriage Affected by the Condition of the Goods. If it appears at any time that the Goods cannot safely or properly by carried or carried further, either at all or without incurring any additional expense or taking any measure or measures in relation to the Goods or the Containertrailer or shipping container, then the Carrier may, without notice to Merchant, but as its agent onlyCustomer, take any measure or measures or incur any additional expense or expenses to carry or to continue the Carriage, or to sell or dispose of the Goods, or to abandon the Carriage or store Goods ashore Goods, or afloatany combination of the above, under cover or in the open, at any place that the Carrier, in its sole discretion, considers most appropriate, which abandonment, storage, sale, or disposal shall be deemed to constitute delivery under this Bill and completion of Ladingthe Carriage. Merchant Customer shall indemnify Carrier from and Broker against any additional expenses it has so paid or incurred, including any court costs, interest, expenses, and reasonable attorneys’ fees.