Containers. The BUYER itself or through a TECHNICAL REPRESENTATIVE will provide the SELLER with the containers and the chassis needed to transport the EXPORTED FRUIT from the PLANTATION to the PORT OF LOADING, making it available at the corresponding yard of the PORT OF LOADING in question, according to the cutting needs, in anticipation to the corresponding shipment. It’s understood that the warehousing costs and temporary conservation of the EXPORTED FRUIT in a container yard will be paid by the BUYER, but this does not relieve the SELLER with regard to the BUYER from assuming the transportation costs all the way to the PORT OF LOADING, nor regarding its obligations with respect to the quality of the EXPORTED FRUIT. Such transport and waiting time within the scheduled itinerary for the shipment will be at the exclusive risk of the SELLER who must take al needed precautions to protect the FRUIT, including the boxes in which it is packed, from the sun, rain, and other inclement weather, mistreatment, and incorrect stowing in the containers, and it is also obligated to obey all reasonable recommendations made by the BUYER or its designee, including the TECHNICAL REPRESENTATIVE in relation to handling and care of the FRUIT. Claims for FRUIT lost due to faulty transportation, yard, and stowing services will be directed by the SELLER to the entities that provide such services, and the BUYER will provide all needed cooperation. The BUYER guarantees that the container’s refrigeration system provided to the SELLER will be in perfect working order when they are delivered and the parties will agree on a procedure to check them, which will be used when delivering and returning the containers. If any FRUIT is damaged because of a malfunction of the refrigeration system in one or more containers, the risk for the loss of such FRUIT will be the BUYER’S. Each party will assume the costs in the mutual deliveries of the CONTAINERS.
Appears in 3 contracts
Samples: International Banana Purchase Agreement (Chiquita Brands International Inc), International Banana Purchase Agreement (Chiquita Brands International Inc), International Banana Purchase Agreement (Chiquita Brands International Inc)
Containers. 9.1 Goods may be consolidated by the Carrier in or on Containers and Goods may be consolidated with Goods owned by other Persons.
9.2 The BUYER itself terms of this bill of lading shall govern the responsibility of the Carrier in connection with or through arising out of the supply of a TECHNICAL REPRESENTATIVE will provide the SELLER with the containers and the chassis needed to transport the EXPORTED FRUIT from the PLANTATION Container to the PORT OF LOADINGMerchant, making it available whether supplied before or after the Goods are received by the Carrier or delivered to the Merchant.
9.3 If a Container has been consolidated by or on behalf of the Merchant, the Carrier shall not be liable for loss of or damage to the Goods:
(a) Caused by the manner in which the Container has been stuffed;
(b) Caused by the unsuitability of the Goods for carriage in Container actually used;
(c) Caused by the unsuitability or defective condition of the Container actually used provided that where the Container has been supplied by or on behalf of the Carrier, this paragraph (iii) shall only apply if the unsuitability or defective condition would have been apparent upon reasonable inspection by the Merchant at or prior to the time when the Container was stuffed;
(d) if the Container is not sealed at the corresponding yard commencement of the PORT OF LOADING Carriage except where the Carrier has agreed to seal the Container.
9.4 Where the Carrier is instructed to provide a Container, in question, according the absence of a written request to the cutting needscontrary accepted by the Carrier, the Carrier is not under an obligation to provide a Container of any particular type or quality.
9.5 Goods stowed in anticipation closed containers other than flats or pallets, whether by the Carrier or the Merchant, may be carried on deck, on an open lorry, on an open trailer, or an open railway wagon without notice to the corresponding shipmentMerchant. It’s understood that Such Goods, whether or not so carried, shall participate in General Average and shall be deemed to be within the warehousing costs and temporary conservation definition of Goods for the purposes of the EXPORTED FRUIT in a container yard will be paid by the BUYER, but this does not relieve the SELLER with regard to the BUYER from assuming the transportation costs all the way to the PORT OF LOADING, nor regarding its obligations with respect to the quality of the EXPORTED FRUIT. Such transport Hague Rules and waiting time within the scheduled itinerary for the shipment will be at the exclusive risk of the SELLER who must take al needed precautions to protect the FRUIT, including the boxes in which it is packed, from the sun, rain, and other inclement weather, mistreatment, and incorrect stowing in the containers, and it is also obligated to obey all reasonable recommendations made by the BUYER or its designee, including the TECHNICAL REPRESENTATIVE in relation to handling and care of the FRUIT. Claims for FRUIT lost due to faulty transportation, yard, and stowing services will be directed by the SELLER to the entities that provide such services, and the BUYER will provide all needed cooperation. The BUYER guarantees that the container’s refrigeration system provided to the SELLER will be in perfect working order when they are delivered and the parties will agree on a procedure to check them, which will be used when delivering and returning the containers. If any FRUIT is damaged because of a malfunction of the refrigeration system in one or more containers, the risk for the loss of such FRUIT will be the BUYER’S. Each party will assume the costs in the mutual deliveries of the CONTAINERSHague-Visby Rules.
Appears in 2 contracts
Samples: Service Agreement, Service Agreement
Containers. (1) Goods may be stuffed by the Carrier in or on Containers and Goods may be stuffed with other Goods
(2) The BUYER itself terms of this Bill of Lading Shall Govern the responsibility of the Carrier in connection with or through arising out of the supply of a TECHNICAL REPRESENTATIVE will provide the SELLER with the containers and the chassis needed to transport the EXPORTED FRUIT from the PLANTATION Container to the PORT OF LOADINGMerchant, making it available whether supplied before or after the Goods are received by the Carrier or delivered to the Merchant
(3) If a Container has been stuffed by or on behalf of the Merchant.
(A) the Carrier shall not be liable for loss or damage to the Goods;
(i) caused by the manner in which the Container has been stuffed
(ii) caused by the unsuitability of the Goods for carriage in Containers;
(iii) caused by the unsuitability or defective condition of the Container provided that where the Container has been supplied by or on behalf of the Carrier, this paragraph (iii) shall only apply if the unsuitability or defective condition arose (a) without any want of due diligence on the part of the Carrier or (b) would have been apparent on reasonable inspection by the Merchant at or prior to the time when the Container was stuffed;
(iv) if the Container is not sealed at the corresponding yard commencement of the PORT OF LOADING in questionCarriage except where the Carrier has agreed to seal the Container
(B) the Merchant shall defend, according to indemnify and hold harmless the cutting needsCarrier against any loss, in anticipation to the corresponding shipment. It’s understood that the warehousing costs and temporary conservation of the EXPORTED FRUIT in a container yard will be paid by the BUYERdamage, but this does not relieve the SELLER with regard to the BUYER claim, liability or expense whatsoever arising from assuming the transportation costs all the way to the PORT OF LOADING, nor regarding its obligations with respect to the quality of the EXPORTED FRUIT. Such transport and waiting time within the scheduled itinerary for the shipment will be at the exclusive risk of the SELLER who must take al needed precautions to protect the FRUIT, including the boxes in which it is packed, from the sun, rain, and other inclement weather, mistreatment, and incorrect stowing in the containers, and it is also obligated to obey all reasonable recommendations made by the BUYER or its designee, including the TECHNICAL REPRESENTATIVE in relation to handling and care of the FRUIT. Claims for FRUIT lost due to faulty transportation, yard, and stowing services will be directed by the SELLER to the entities that provide such services, and the BUYER will provide all needed cooperation. The BUYER guarantees that the container’s refrigeration system provided to the SELLER will be in perfect working order when they are delivered and the parties will agree on a procedure to check them, which will be used when delivering and returning the containers. If any FRUIT is damaged because of a malfunction of the refrigeration system in one or more containersof the matters covered by (A) above except for (A) (iii) (a)
(4) Where the Carrier is instructed to provide a Container, in the absence of a written request to the contrary, the risk for the loss Carrier is not under an obligation to provide a Container of such FRUIT will be the BUYER’S. Each party will assume the costs in the mutual deliveries of the CONTAINERS.any particular type or quality
Appears in 1 contract
Samples: Tariff Agreement
Containers. The BUYER itself Buyer shall supply the Seller directly or through a TECHNICAL REPRESENTATIVE will provide its Technical Representative the SELLER Containers necessary for the transport of the Fruit that exceeds the first 15,400 weekly boxes between the Port of Destination and up to the Port of Destination, and the Containers, chassis with gensets necessary for the transport of all the Fruit between the farm and the Port of Shipment, making them available in the yard corresponding to the Port of Xxxxx in Costa Rica, designated by the Buyer. Such Containers shall comply with the containers qualities set forth in Exhibit E) and specifically must have the chassis needed ability to transport monitor and register historic temperatures, otherwise the EXPORTED FRUIT from Buyer shall bear half of the PLANTATION cost of the corresponding temperature sensors, which shall initially be Rayan brand. These elements must be made available to the PORT OF LOADINGSeller each week during the term of this Agreement and at least two (2) days in advance of the date of arrival of the vessel at the Port of Shipment to be delivered to the Plantation for packing of the Fruit and transportation to the Port of Shipment and to the Port of Destination, making where the Buyer shall receive them. If the Buyer should have the availability for delivery, then it available shall be done three (3) days in advance. Likewise, on a weekly basis, the Buyer shall deliver to the Seller at the Port of Destination and with reasonable anticipation, empty Containers that shall be returned by the Seller to the corresponding yard at Port of Xxxxx in Costa Rica for delivery to the Buyer or its Technical Representative. The Seller may use, without cost, the Containers in the return trip to transport merchandise, except with agrochemicals and corrosive or toxic substances, being obligated to deliver all the Containers that were loaded in the United States port for their return to the Buyer’s yard in Costa Rica within a time period of 24 hours following the unloading of the PORT OF LOADING vessel in question, according to Costa Rica and being responsible for any possible delay or damage that may result from such practice. The Buyer shall tolerate deliveries within 48 hours following the cutting needs, in anticipation to the corresponding shipment. It’s understood that the warehousing costs and temporary conservation of the EXPORTED FRUIT in a container yard will be paid by the BUYER, but unloading when this does not relieve cause scheduling problems. For Colombia, they shall only be utilized with paper and in case of third party cargo, and in Colombia as well as in Costa Rica, the SELLER with regard Containers shall not be delivered to them. In the BUYER from assuming case of delays in the transportation costs all delivery of any Container due to this practice, the way to Seller shall guarantee the PORT OF LOADING, nor regarding its obligations with respect to the quality delivery of the EXPORTED FRUIT. Such transport and waiting time promised volume within the scheduled itinerary firm estimates, for which the shipment will transport shall be at the exclusive risk done in containers of the SELLER who must take al needed precautions to protect the FRUITrotation, including the boxes if available, or in Seller’s own containers or below decks, in which it is packed, from case the sun, rain, and other inclement weather, mistreatment, and incorrect stowing Fruit shall be warehoused in the containers, and it is also obligated to obey all reasonable recommendations made Seller’s cold room. The transporter used by the BUYER or its designee, including the TECHNICAL REPRESENTATIVE in relation to handling and care Seller for transit of the FRUIT. Claims for FRUIT lost due Containers within Costa Rica shall have the corresponding insurance to faulty transportation, yard, and stowing services will be directed by the SELLER to the entities that provide such services, and the BUYER will provide cover all needed cooperationrisk. The BUYER Buyer guarantees that the container’s refrigeration system provided systems of the Containers it shall provide to the SELLER Seller will be in perfect working order when they are delivered and operational state at the parties will agree on moment of its delivery to the Seller. In the event Fruit is lost due to a procedure to check them, which will be used when delivering and returning the containers. If any FRUIT is damaged because of a malfunction of failure in the refrigeration system in of one or more of the containers, the risk for the of loss of such FRUIT will Fruit shall be the BUYER’S. Each party will assume the costs in the mutual deliveries on account of the CONTAINERSBuyer. The Buyer directly or through its Technical Representative shall provide to the Seller, at cost and at the Port of Shipment, the yard services in connection with the refrigeration of the Containers that may be required prior to exportation. The parties have established a procedure and format for the inspection of the Containers before each delivery among the parties is completed, as provided in Exhibit E-1. Neither party shall charge the other party any sum whatsoever in order to carry out this procedure.
Appears in 1 contract
Samples: International Pineapple Purchase Agreement (Chiquita Brands International Inc)
Containers. The BUYER itself If a Container has not been packed or through stuffed by Centurion, Centurion shall not be liable for loss of or Damage to the contents caused by:
a) the manner in which the Container has been packed or stuffed;
b) the unsuitability of the contents for carriage in Containers, unless Centurion has approved the suitability;
c) breach of any of the ‘Special Instructions’ in clause 9 relating to Customer or Consignor-supplied Containers;
d) the unsuitability or defective condition of the Container, provided that where the Container has been supplied by or on behalf of Centurion this paragraph (c) shall only apply if the unsuitability or defective condition of the Container:
i. arose without any negligence or breach of this Agreement on the part of Centurion; or
ii. would have been apparent upon reasonable inspection by the Customer, Consignor or any person acting on its behalf;
e) the fact that the Container is not sealed at the commencement of the carriage, except where Centurion has agreed to seal the Container. Where Centurion is instructed to provide a TECHNICAL REPRESENTATIVE will Container, in the absence of a written request to the contrary, Centurion is not under an obligation to provide the SELLER with the containers a Container of any particular type or quality and the chassis needed to transport the EXPORTED FRUIT from the PLANTATION to the PORT OF LOADING, making it available at the corresponding yard of the PORT OF LOADING in question, according to the cutting needs, in anticipation to the corresponding shipment. It’s understood Customer must satisfy itself (or must ensure that the warehousing costs Consignor satisfies itself on the Customer’s behalf) that any such Container provided is suitable in all respects. The Customer must return any Containers provided by Centurion or its Personnel clean and temporary conservation undamaged to a place or point of interchange nominated by Centurion within any time prescribed by Centurion, or if no time is prescribed, 7 days, failing which the EXPORTED FRUIT in Customer is liable for any detention, loss or expense incurred as a container yard will be paid by the BUYER, but this does not relieve the SELLER with regard to the BUYER from assuming the transportation costs all the way to the PORT OF LOADING, nor regarding its obligations with respect to the quality of the EXPORTED FRUIT. Such transport and waiting time within the scheduled itinerary for the shipment will be at the exclusive risk of the SELLER who must take al needed precautions to protect the FRUITresult thereof, including but not limited to demurrage, container detention charges, the boxes in which it is packedcosts of replacement, from the sun, rain, and other inclement weather, mistreatment, and incorrect stowing in the containers, and it is also obligated to obey all reasonable recommendations made by the BUYER or its designee, including the TECHNICAL REPRESENTATIVE in relation to handling and care of the FRUIT. Claims for FRUIT lost due to faulty transportation, yard, cleaning and stowing services will be directed by the SELLER to the entities that provide such services, and the BUYER will provide all needed cooperation. The BUYER guarantees that the container’s refrigeration system provided to the SELLER will be in perfect working order when they are delivered and the parties will agree on a procedure to check them, which will be used when delivering and returning the containers. If any FRUIT is damaged because of a malfunction of the refrigeration system in one or more containers, the risk for the loss of such FRUIT will be the BUYER’S. Each party will assume the costs in the mutual deliveries of the CONTAINERSrepair.
Appears in 1 contract
Samples: Trading Terms & Conditions