Containers. 13.1 With respect to the Storage Services provided hereunder, if a Container holding Goods has not been packed or stuffed by the Company, the Company shall not be liable for loss of or damage to the contents thereof if caused by: (a) the manner in which the Container has been packed or stuffed; (b) the unsuitability of the contents for carriage in Containers; (c) the unsuitability or defective condition of the Container provided that where the Container has been supplied by or on behalf of the Company, this paragraph shall apply only if the unsuitability or defective condition (i) arose without any negligence on the part of the Company or (ii) would have been apparent upon reasonable inspection by the Customer or person acting on behalf of the Customer or (iii) arose as a result of the peculiarity of the Goods and such peculiarity is not made known to the Company; or (d) the Container not being sealed at the commencement of any carriage; 13.2 The Customer shall defend, indemnify and hold harmless the Company against all liability, loss, damage, costs and expenses arising from one or more of the matters provided for in Clause 13.1 above. 13.3 Where the Company is instructed to provide a Container, in the absence of any specific request in writing, the Company is not under an obligation to provide a Container of any particular type or quality.
Appears in 2 contracts
Samples: Trust Warehouse Agreement (J.P. Morgan Physical Copper Trust), Authorized Participant Warehouse Agreement (J.P. Morgan Physical Copper Trust)
Containers. 13.1 With respect to the Storage Services provided hereunder, if a Container holding Goods has not been packed or stuffed by the Company, the Company shall not be liable for loss of or damage to the contents thereof if caused by:
(a) the manner in which the Container has been packed or stuffed;
(b) the unsuitability of the contents for carriage in Containers;
(c) the unsuitability or defective condition of the Container provided that where the Container has been supplied by or on behalf of the Company, this paragraph shall apply only if the unsuitability or defective condition (i) arose without any negligence on the part of the Company or (ii) would have been apparent upon reasonable inspection by the Customer or person acting on behalf of the Customer or (iii) arose as a result of the peculiarity of the Goods and such peculiarity is not made known to the Company; or
(d) the Container not being sealed at the commencement of any carriage;.
13.2 The Customer shall defend, indemnify and hold harmless the Company against all liability, loss, damage, costs and expenses arising from one or more of the matters provided for in Clause 13.1 above.
13.3 Where the Company is instructed to provide a Container, in the absence of any specific request in writing, the Company is not under an obligation to provide a Container of any particular type or quality.
Appears in 2 contracts
Samples: Trust Warehouse Agreement (J.P. Morgan Physical Copper Trust), Authorized Participant Warehouse Agreement (J.P. Morgan Physical Copper Trust)
Containers. 13.1 With respect to the Storage Services provided hereunder, if a Container holding Goods has not been packed or stuffed by the Company, the Company shall not be liable for loss of or damage to the contents thereof if caused by:
(a) the manner in which the Container has been packed or stuffed;
(b) the unsuitability of the contents for carriage in Containers;
(c) the unsuitability or defective condition of the Container provided that where the Container has been supplied by or on behalf of the Company, this paragraph shall apply only if the unsuitability or defective condition (i) arose without any negligence on the part of the Company or (ii) would have been apparent upon reasonable inspection by the Customer or person acting on behalf of the Customer or (iii) arose as a result of the peculiarity of the Goods and such peculiarity is not made known to the Company; or
(d) the Container not being sealed at the commencement of any carriage;
13.2 The Customer shall defend, indemnify and hold harmless the Company against all liability, loss, damage, costs and expenses arising from one or more of the matters provided for in Clause 13.1 13.1 above.
13.3 Where the Company is instructed to provide a Container, in the absence of any specific request in writing, the Company is not under an obligation to provide a Container of any particular type or quality.
Appears in 1 contract
Samples: Sponsor Warehouse Agreement (J.P. Morgan Physical Copper Trust)
Containers. 13.1 With respect to the Storage Services provided hereunder, if a Container holding Goods has not been packed or stuffed by the Company, the Company shall not be liable for loss of or damage to the contents thereof if caused by:
(a) the manner in which the Container has been packed or stuffed;
(b) the unsuitability of the contents for carriage in Containers;
(c) the unsuitability or defective condition of the Container provided that where the Container has been supplied by or on behalf of the Company, this paragraph shall apply only if the unsuitability or defective condition (i) arose without any negligence on the part of the Company or (ii) would have been apparent upon reasonable inspection by the Customer or person acting on behalf of the Customer or (iii) arose as a result of the peculiarity of the Goods and such peculiarity is not made known to the Company; or
(d) the Container not being sealed at the commencement of any carriage;.
13.2 The Customer shall defend, indemnify and hold harmless the Company against all liability, loss, damage, costs and expenses arising from one or more of the matters provided for in Clause 13.1 13.1 above.
13.3 Where the Company is instructed to provide a Container, in the absence of any specific request in writing, the Company is not under an obligation to provide a Container of any particular type or quality.
Appears in 1 contract
Samples: Sponsor Warehouse Agreement (J.P. Morgan Physical Copper Trust)