Common use of Carriage of Goods Clause in Contracts

Carriage of Goods. 6.1 CNC is not a “Common Carrier” and will accept no liability as such. All articles are carried or transported and all storage and other services are performed by CNC subject only to these conditions and CNC reserves the right to refuse the Carriage or transport of articles for any person, corporation or body, and the Carriage or transport of any class of articles at its discretion. 6.2 The Client authorises CNC in its absolute discretion at any time without notice to the Client to: (a) license or sub-contract all or any part of its rights and/or obligations, entering into contracts and arranges with any third party to perform or undertake the Carriage of the Goods or any part thereof. In so engaging such third parties, CNC has or will represent to such third parties that the terms of this Contract, including the benefit of any terms conferred upon CNC, shall extend to such third parties in providing their goods and/or services; (b) deviate from the usual, customary, intended or advertised route (whether or not the nearest and/or most direct and/or customary, to proceed to or stay at any place whatsoever once or more often in any order backwards or forwards and/or store the Goods at any such place for any period whatsoever) or method of carriage of the Goods that may be deemed reasonable or necessary in the circumstances, including, but not limited to, using the services of any third party to ensure the safety of other road users and property and/or compliance with lawful authority requirements and/or Police or private escorts, road closures and/or transport control, using specialist equipment such as special cooling; (c) comply with any order, direction, recommendation on loading, unloading, departure, routes, place or call, stoppages, destination, arrival, discharge, delivery or otherwise whatsoever given by any lawful authority. 6.3 CNC’s charges shall be considered earned in the case of Goods for carriage as soon as the Goods are loaded and despatched from the Client’s premises. 6.4 CNC may open, at the Client’s risk and expense, any document or any packaging, or container in which the Goods are placed or carried, to inspect the Goods to determine their nature or condition, or to determine their ownership or destination, where any consignment note or identifying document or xxxx is lost, damaged, destroyed or defaced, or otherwise. 6.5 Any time specified by CNC for Carriage of the Goods is an estimate only and CNC will not be liable for any loss or damage incurred by the Client as a result of any delay including where arising from any action under clause 6.2. 6.6 Subject to clause 16, but without prejudice to any other provision hereof, this Contract and any agreement CNC makes under its authority and any contract made by any person to whom CNC has delegated such authority, shall be made by the Client or be allowed or admitted further subject to all terms, conditions and requirements which may be imposed on or with respect to the Goods or the carriage including storage thereof by any port, harbour, dock, railways, shipping, airways or other lawful authority or person into whose hands it may become necessary to entrust the Goods or to whose control the Goods become subject in transit. All further or additional charges which may become payable on the Goods or their carriage as a result shall be payable in the manner as provided by clause 5.3.

Carriage of Goods. 6.1 CNC is not a “Common Carrier” and will accept no liability as such. All articles are carried or transported and all storage and other services are performed by CNC subject only to these conditions and CNC reserves the right to refuse the Carriage or transport of articles for any person, corporation or body, and the Carriage or transport of any class of articles at its discretion. 6.2 The Client authorises CNC in its absolute discretion at any time without notice to the Client to: (a) license or sub-contract all or any part of its rights and/or obligations, entering into contracts and arranges with any third party to perform or undertake the Carriage of the Goods or any part thereof. In so engaging such third parties, CNC has or will represent to such third parties that the terms of this Contract, including the benefit of any terms conferred upon CNC, shall extend to such third parties in providing their goods and/or services; (b) deviate from the usual, customary, intended or advertised route (whether or not the nearest and/or most direct and/or customary, to proceed to or stay at any place whatsoever once or more often in any order backwards or forwards and/or store the Goods at any such place for any period whatsoever) or method of carriage of the Goods that may be deemed reasonable or necessary in the circumstances, including, but not limited to, using the services of any third party to ensure the safety of other road users and property and/or compliance with lawful authority requirements and/or Police or private escorts, road closures and/or transport control, using specialist equipment such as special cooling; (c) comply with any order, direction, recommendation on loading, unloading, departure, routes, place or call, stoppages, destination, arrival, discharge, delivery or otherwise whatsoever given by any lawful authority. 6.3 CNC’s charges shall be considered earned in the case of Goods for carriage as soon as the Goods are loaded and despatched from the Client’s premises. 6.4 CNC may open, at the Client’s risk and expense, any document or any packaging, or container in which the Goods are placed or carried, to inspect the Goods to determine their nature or condition, or to determine their ownership or destination, where any consignment note or identifying document or xxxx mark is lost, damaged, destroyed or defaced, or otherwise. 6.5 Any time specified by CNC for Carriage of the Goods is an estimate only and CNC will not be liable for any loss or damage incurred by the Client as a result of any delay including where arising from any action under clause 6.2. 6.6 Subject to clause 16, but without prejudice to any other provision hereof, this Contract and any agreement CNC makes under its authority and any contract made by any person to whom CNC has delegated such authority, shall be made by the Client or be allowed or admitted further subject to all terms, conditions and requirements which may be imposed on or with respect to the Goods or the carriage including storage thereof by any port, harbour, dock, railways, shipping, airways or other lawful authority or person into whose hands it may become necessary to entrust the Goods or to whose control the Goods become subject in transit. All further or additional charges which may become payable on the Goods or their carriage as a result shall be payable in the manner as provided by clause 5.3.