Common use of Customer’s Warranties Clause in Contracts

Customer’s Warranties. 3.1 The Customer warrants that: (a) the Goods are fit for Carriage and have been suitably packaged for those purposes; (b) the Customer has the authority of all Persons owning or having any interest in the Goods to enter into this agreement on their behalf; (c) the details of description, nature, chemical composition, items, pallet space, quantity, weight, volume, quality, value and measurements supplied by the Customer or any other party are correct; (d) there is a suitable practicable road and approach for the Carrier and the Carrier’s vehicles to the place from which the Goods are to be collected and the place to which the Goods are to be delivered; (e) any place from which any Goods are to be collected or to which any Goods are to be delivered will have safe and adequate loading facilities and equipment available; (f) where the Goods contain Regulated Waste, it will provide to the Carrier all necessary documentation required by law to allow the transport of the Goods by the Carrier; (g) where required by law, it has accurately completed and supplied a container weight declaration form; (h) it will comply with all laws and regulations in relation to Carriage of the Goods; and (i) unless specifically declared in writing prior to Carriage, the Goods are not Dangerous Goods or Regulated Waste. 3.2 The Carrier relies on the details of description, nature, chemical composition, items, pallet space, quantity, weight, quality, value and measurements supplied by the Customer and the consignor, but does not admit their accuracy. 3.3 The Customer will indemnify the Carrier: (a) in respect of any liability whatsoever in respect of the Goods to any Person (other than the Customer) who claims to have, who has, or who in the future may have any interest in the Goods or any part of the Goods; and (b) against all losses, damages, expenses, claims, fines, duty, tax, demands, actions and proceedings or any other liability suffered or incurred by, or made or instituted against, the Carrier as a result, directly or indirectly, of: (i) a breach of the Customer’s obligations under these conditions; (ii) the nature or condition of the Goods; or (iii) any negligence, wilful misconduct or recklessness of the Customer, the consignor or the consignee.

Appears in 1 contract

Samples: Conditions of Carriage

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Customer’s Warranties. 3.1 The Customer warrants that: (a) the Goods are fit for Carriage and have been suitably packaged for those purposes; (b) the Customer has the authority of all Persons owning or having any interest in the Goods to enter into this agreement on their behalf; (c) the details of description, nature, chemical composition, items, pallet space, quantity, weight, volume, quality, value and measurements supplied by the Customer or any other party are correct; (d) there is a suitable practicable road and approach for the Carrier and the Carrier’s vehicles to the place from which the Goods are to be collected and the place to which the Goods are to be delivered; (e) any place from which any Goods are to be collected or to which any Goods are to be delivered will have safe and adequate loading facilities and equipment available; (f) where Carriage is supplied for the Goods contain Regulated Wastepurpose of a business, it will provide to the Carrier all necessary documentation required by law to allow the transport of the Goods trade, profession or occupation carried on or engaged in by the CarrierCustomer; (g) where required by law, it has accurately completed and supplied a container weight declaration form; (h) it will comply has complied with all laws and regulations in relation to Carriage of the Goods; and (i) unless specifically declared in writing prior to Carriage, the Goods are not Dangerous Goods or Regulated WasteGoods. 3.2 Without limiting clause 6, the Customer: (a) acknowledges that the Carrier has no responsibility or liability in relation to: (i) any Container used for Carriage; or (ii) any hire charge or demurrage charge associated with any Container used for Carriage; (b) must ensure that any pallets are transferred from and to any relevant hire accounts and that any necessary documentation is signed and delivered to the applicable pallet hire company; and (c) releases and indemnifies the Carrier from and against: (i) any liability in relation to the loss of Containers; and (ii) the failure of any party to transfer pallets on or off any hire account or to return a Container. 3.3 The Carrier relies on the details of description, nature, chemical composition, items, pallet space, quantity, weight, quality, value and measurements supplied by the Customer and the consignor, but does not admit their accuracy. 3.3 3.4 The Customer will indemnify the Carrier: (a) in respect of any liability whatsoever in respect of the Goods to any Person (other than the Customer) who claims to have, who has, or who in the future may have any interest in the Goods or any part of the Goods; and (b) against all losses, damages, expenses, claims, fines, duty, tax, demands, actions and proceedings or any other liability suffered or incurred by, or made or instituted against, the Carrier as a result, directly or indirectly, of: (i) a breach of the Customer’s obligations under these conditions; (ii) the nature or condition of the Goods; or (iii) any negligence, wilful misconduct or recklessness of the Customer, the consignor or the consignee.

Appears in 1 contract

Samples: Transportation Agreement

Customer’s Warranties. 3.1 The Customer warrants that: (a) the Goods are fit for Carriage and have been suitably packaged for those purposes; (b) the Customer has the authority of all Persons owning or having any interest in the Goods to enter into this agreement on their behalf; (c) the details of description, nature, chemical composition, items, pallet space, quantity, weight, volume, quality, value and measurements supplied by the Customer or any other party are correct; (d) there is a suitable practicable road and approach for the Carrier and the Carrier’s vehicles to the place from which the Goods are to be collected and the place to which the Goods are to be delivered; (e) any place from which any Goods are to be collected or to which any Goods are to be delivered will have safe and adequate loading facilities and equipment available; (f) where Carriage is supplied for the Goods contain Regulated Wastepurpose of a business, it will provide to the Carrier all necessary documentation required by law to allow the transport of the Goods trade, profession or occupation carried on or engaged in by the CarrierCustomer; (g) where required by law, it has accurately completed and supplied a container weight declaration form; (h) it will comply has complied with all laws and regulations in relation to Carriage of the Goods; and (i) unless specifically declared in writing prior to Carriage, the Goods are not Dangerous Goods or Regulated WasteGoods. 3.2 Without limiting clause 6, the Customer: (a) acknowledges that the Carrier has no responsibility or liability in relation to: (i) any Container used for Carriage; and (ii) any hire charge or demurrage charge associated with any Container used for Carriage; (b) must ensure that any pallets are transferred from and to any relevant hire accounts and that any necessary documentation is signed and delivered to the applicable pallet hire company; and (c) releases and indemnifies the Carrier from and against: (i) any liability in relation to the loss of Containers; and (ii) the failure of any party to transfer pallets on or off any hire account or to return a Container. 3.3 The Carrier relies on the details of description, nature, chemical composition, items, pallet space, quantity, weight, quality, value and measurements supplied by the Customer and the consignor, but does not admit their accuracy. 3.3 3.4 The Carrier accepts no responsibility for collection of cash or other payments from any party. 3.5 The Customer will indemnify the Carrier: (a) in respect of any liability whatsoever in respect of the Goods to any Person (other than the Customer) who claims to have, who has, or who in the future may have any interest in the Goods or any part of the Goods; and (b) against all losses, damages, expenses, claims, fines, expenses, duty, tax, demands, actions and proceedings or any other liability suffered or incurred by, or made or instituted against, the Carrier as a result, directly or indirectly, of: (i) a breach of the Customer’s obligations under these conditions; (ii) the nature or condition of the Goods; or (iii) any negligence, wilful misconduct or recklessness of the Customer, the consignor or the consignee.

Appears in 1 contract

Samples: Conditions of Carriage

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Customer’s Warranties. 3.1 12.1 The Customer warrants that: (a) the Goods are fit for Carriage carriage and/or storage (as applicable) and have been suitably packaged for those purposes, and comply with all applicable laws in this regard; (b) the Customer has the authority of all Persons persons owning or having any interest in the Goods to enter into this agreement Agreement on their behalf; (c) the Customer has effected and will maintain a policy of insurance for the full insurable value of the Goods to cover any loss of or damage to the Goods during carriage and/or storage (as applicable); (d) the details of description, nature, chemical composition, items, pallet space, quantity, weight, volume, quality, value and measurements supplied by the Customer or any other party are correct; (de) there is a suitable practicable road and approach for the Carrier Company and the CarrierCompany’s vehicles to the place from which the Goods are to be collected and the place to which the Goods are to be delivered; (ef) any the place from which any Goods are to be collected or to which any Goods are to be delivered will have safe and adequate loading facilities and equipment available; (f) where the Goods contain Regulated Waste, it will provide to the Carrier all necessary documentation required by law to allow the transport of the Goods by the Carrier; (g) where required by law, it the Customer has accurately completed and supplied a container weight declaration form; (h) it refrigerated Goods are supplied to the Company at a temperature suitable for carriage; (i) the Goods are not dangerous Goods, and the nature and value of all Goods subject to special rates for Services or of a noxious, dangerous, hazardous or inflammable nature and capable of causing damage or injury to any other Goods or property or to any persons or animals, will comply with all laws and regulations be clearly stated in relation writing before provision to Carriage the Company in respect of the GoodsServices; and (ij) unless specifically declared in writing prior to Carriage, the Goods are not Dangerous Goods comply with the requirement of any applicable law relating to the nature, labelling and packaging and carriage of goods and the expenses and charges of the Company in complying with the provisions of any such law or Regulated Wastewith any order or requirement thereunder or with the requirement of any harbour, dock, railway, shipping, customs, excise duty or sales tax, warehouse or other authority or company of the expense, charges, levies or fines arising out of the breach of any applicable law shall be paid by the Customer. 3.2 12.2 The Carrier Customer: (a) acknowledges that the Company has no responsibility or liability in relation to any pallet used for carriage; (b) must ensure that pallets are transferred from and to any relevant hire accounts and that any necessary documentation is signed and delivered to the applicable pallet hire company; and (c) releases and indemnifies the Company from and against any liability in relation to the loss of pallets or failure of any party to transfer pallets on or off any hire account. 12.3 The Company relies on the details of description, nature, chemical composition, items, pallet space, quantity, weight, quality, value and measurements supplied by the Customer and the consignor, consignor but does not admit their accuracy. The Company will have no liability or responsibility for any loss incurred due to the Customer providing inaccurate information. 3.3 12.4 The Company accepts no responsibility for collection of cash or other payments from any party. 12.5 The Customer will indemnify indemnifies the Carrier: (a) Company in respect of any liability whatsoever in respect of the Goods to any Person person (other than the Customer) who claims to have, who has, or who in the future may have any interest in the Goods or any part of the Goods; and (b) against all losses, damages, expenses, claims, fines, duty, tax, demands, actions and proceedings or any other liability suffered or incurred by, or made or instituted against, the Carrier as a result, directly or indirectly, of: (i) a breach of the Customer’s obligations under these conditions; (ii) the nature or condition of the Goods; or (iii) any negligence, wilful misconduct or recklessness of the Customer, the consignor or the consignee.

Appears in 1 contract

Samples: Terms and Conditions

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