Common use of Dangerous Goods Clause in Contracts

Dangerous Goods. 14.1 Dangerous Goods" includes any goods which are or may become dangerous, hazardous, inflammable, or injurious (including radio-active materials) in nature (whether or not listed in any official or unofficial international or national code or convention), or which are or may become liable to damage any property or person whatsoever or other goods. 14.2 Merchant warrants that it shall not tender to Carrier for Carriage any Dangerous Goods unless Merchant has: (a) given written notice of their nature, type, name, label and classification to Carrier, and obtained Xxxxxxx's prior express consent in writing; (b) distinctly and durably marked on the outside of the Container or other packaging, in which the Dangerous Goods are to be transported, the nature and characteristics of such goods so as to comply with any laws or regulations which may be applicable during the Carriage; (c) submitted to Carrier and the relevant authorities all documents required by any laws which may become applicable during the carriage or otherwise required by Carrier; and (d) not permitted incompatible goods to be packed in the same Container. 14.3 If any Goods (which are Dangerous Goods) are delivered to Carrier for Carriage in breach of Clause 14.2 or such Goods, although tendered in compliance with Clause 14.2, in the opinion of Carrier cannot safely or properly be carried or carried further (whether taking any measures or incurring additional expense or not) THEN Carrier may exercise its rights under Clause 19, without prejudice to its other Rights and Defences. 14.4 Merchant shall fully Indemnify Carrier against all Liabilities arising out of the Carriage of any Dangerous Goods tendered by Merchant including (without limitation) Liabilities resulting from injuries caused to any person (including Carrier's employees, agents and Sub-Contractors), damage to any property (including any Container and Vessel), environmental damages (direct and indirect), clean up, removal, rehabilitation expenses, legal costs (on an indemnity basis), and fines and penalties imposed by any governmental agencies or authorities.

Appears in 5 contracts

Samples: Tariff Agreement, Tariff Agreement, Tariff Agreement

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Dangerous Goods. 14.1 Dangerous Goods" includes any goods which are or may become dangerous, hazardous, inflammable, or injurious (including radio-active radio−active materials) in nature (whether or not listed in any official or unofficial international or national code or convention), or which are or may become liable to damage any property or person whatsoever or other goods. 14.2 Merchant warrants that it shall not tender to Carrier for Carriage any Dangerous Goods unless Merchant has: (a) given written notice of their nature, type, name, label and classification to Carrier, and obtained Xxxxxxx's prior express consent in writing; (b) distinctly and durably marked on the outside of the Container or other packaging, in which the Dangerous Goods are to be transported, the nature and characteristics of such goods so as to comply with any laws or regulations which may be applicable during the Carriage; (c) submitted to Carrier and the relevant authorities all documents required by any laws which may become applicable during the carriage or otherwise required by Carrier; and (d) not permitted incompatible goods to be packed in the same Container. 14.3 If any Goods (which are Dangerous Goods) are delivered to Carrier for Carriage in breach of Clause 14.2 or such Goods, although tendered in compliance with Clause 14.2, in the opinion of Carrier cannot safely or properly be carried or carried further (whether taking any measures or incurring additional expense or not) THEN Carrier may exercise its rights under Clause 19, without prejudice to its other Rights and Defences. 14.4 Merchant shall fully Indemnify Carrier against all Liabilities arising out of the Carriage of any Dangerous Goods tendered by Merchant including (without limitation) Liabilities resulting from injuries caused to any person (including Carrier's employees, agents and Sub-ContractorsSub−Contractors), damage to any property (including any Container and Vessel), environmental damages (direct and indirect), clean up, removal, rehabilitation expenses, legal costs (on an indemnity basis), and fines and penalties imposed by any governmental agencies or authorities.

Appears in 1 contract

Samples: Tariff

Dangerous Goods. 14.1 Dangerous Goods" includes any 4.1. You agree that: a) We do not carry, nor perform other services regarding, goods which are or may become dangerous, hazardous, inflammableare, or injurious are in our sole opinion, dangerous goods including, but not limited to, those specified in the International Civil Aviation Organization (including radio-active materialsICAO) in nature Technical Instructions, the International Air Transport Association (whether IATA) Dangerous Goods Regulations, the International Maritime Dangerous Goods (IMDG) code, the European Agreement Concerning the International Carriage of Dangerous Goods by Road (ADR) regulations or not listed in any official other national or unofficial international or national code or convention)rules applicable to the transport of, or which are or may become liable to damage any property or person whatsoever or the performance of other services regarding dangerous goods. 14.2 Merchant warrants b) At our option, we may accept certain types of dangerous goods for transportation by special services or provide other services for dangerous goods, if its transportation is permitted by applicable law and Our requirements and tariffs, which are additionally agreed by the Parties. Additional information regarding Our requirements, as well as the procedure for obtaining a permit for the carriage of dangerous goods, will be provided at Your request in the nearest office of Our company. c) We are not responsible for the loss or confiscation by public authorities of prohibited and dangerous goods and other items not specified in the Waybill, including the accompanying documents for Departure. d) By filling up the Invoice, You confirm that it shall the Shipment does not tender to Carrier contain items prohibited for Carriage any Dangerous Goods unless Merchant has: (a) given written notice carriage by the ICAO Technical Instructions, national, international legislation governing air transportation. You must provide complete information about the contents of their natureYour Shipment in the Transport Invoice or other accompanying documents. For security reasons, type, name, label and classification to CarrierShipments transported or processed by Us may be inspected on special equipment, and obtained Xxxxxxx's prior express consent in writing; (b) distinctly and durably marked You agree that Your shipment may be inspected on the outside road for security purposes. e) You warrant that you have personally prepared the Shipment for carriage or the provision of other services in a secure location in the Container presence of your Company's employees and that there was no unauthorized access to the Shipment prior to its acceptance by us for carriage. 4.2. In order to ensure safety, cargo transported or other packaging, in which the Dangerous Goods are to be transported, the nature and characteristics of such goods so as to comply with any laws or regulations which handled by us may be applicable during the Carriage; (c) submitted inspected on special equipment, including X-ray equipment to Carrier detect traces of explosives and other special means of inspection, and you agree that your cargo may be opened and the relevant authorities all documents required by any laws which contents may become applicable during be further checked on the carriage or otherwise required by Carrier; and (d) not permitted incompatible goods to be packed in the same Containerroad for safety. 14.3 If any Goods (which are Dangerous Goods) are delivered to Carrier for Carriage in breach of Clause 14.2 or such Goods, although tendered in compliance with Clause 14.2, in the opinion of Carrier cannot safely or properly be carried or carried further (whether taking any measures or incurring additional expense or not) THEN Carrier may exercise its rights under Clause 19, without prejudice to its other Rights and Defences. 14.4 Merchant shall fully Indemnify Carrier against all Liabilities arising out of the Carriage of any Dangerous Goods tendered by Merchant including (without limitation) Liabilities resulting from injuries caused to any person (including Carrier's employees, agents and Sub-Contractors), damage to any property (including any Container and Vessel), environmental damages (direct and indirect), clean up, removal, rehabilitation expenses, legal costs (on an indemnity basis), and fines and penalties imposed by any governmental agencies or authorities.

Appears in 1 contract

Samples: Terms and Conditions of Carriage

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Dangerous Goods. 14.1 Dangerous Goods" includes any goods which are 12.1 Except where the Courier has agreed in writing signed by a Director, the Courier does not contract to carry or may become store dangerous, hazardousverminous, inflammableinfested, contaminated or injurious condemned goods. 12.2 Where the Courier accepts dangerous goods (including radio-active materialsin this Condition 12 called ‘the Goods’) for carriage or storage the Goods will be carried or stored subject to all the foregoing Conditions and subject also to the special Conditions specified and referred to in this Condition and in the event of conflict between the said special Conditions and the foregoing, the special Conditions shall prevail. 12.3 The special Conditions relating to the carriage of the Goods are: 12.3.1 At the time of tendering the Goods for carriage or storage the sender shall supply to the Courier a declaration in writing giving adequate and sufficient information in relation to the nature of the Goods and the hazard presented (whether or not listed required by statute). 12.3.2 The Goods shall be properly and sufficiently packed and labelled in accordance with any requirements specified by the Courier or otherwise with any statutory regulations in force applicable to the carriage of the Goods including but not limited to the C.P.L. and allied regulations. 12.3.3 Any additional Conditions and/or requirements communicated to the Customer by the Courier shall prevail 12.3.4 In case of non-compliance with any of the provisions of this Condition: 12.3.4.1 in any official event the Courier shall not be under any liability whatsoever in respect of the dangerous Consignment save in the case of willful misconduct by the Courier in which case liability shall be determined in accordance with these Conditions; and 12.3.4.2 the Customer will be responsible for and indemnify the Courier against loss or unofficial international damage and claims made upon it for which it may be or national code become liable in respect of injury to persons or convention)damage to property unless the Customer proves that the loss or damage or injury is due to the willful misconduct of the Courier. 12.4 The Courier shall not be liable for loss of, or which are damage or may become liable delay to damage any property or person whatsoever or other goods. 14.2 Merchant warrants that it shall not tender to Carrier for Carriage any Dangerous the Goods unless Merchant has: (a) given written notice of their naturethe Customer proves that such loss, type, name, label and classification to Carrier, and obtained Xxxxxxx's prior express consent in writing; (b) distinctly and durably marked damage or delay was not caused wholly or partly by failure on the outside of the Container or other packaging, in which the Dangerous Goods are to be transported, the nature and characteristics of such goods so as his part to comply with any laws of the special Conditions in paragraph 13.3 hereof. 12.5 The Courier may at any time at the sender’s sole risk and expense return the whole or regulations which may be applicable during any part of the Carriage; dangerous Consignment to the Customer (cwho shall receive it at once) submitted to Carrier and the relevant authorities all documents required by any laws which may become applicable during the carriage or destroy or otherwise required by Carrier; and (d) not permitted incompatible goods to be packed in dispose of the same Container. 14.3 If whole or any Goods (which are Dangerous Goods) are delivered to Carrier for Carriage in breach part thereof if the Courier is of Clause 14.2 or such Goods, although tendered in compliance with Clause 14.2, in the opinion of Carrier cannot safely that it is necessary or properly be carried or carried further (whether taking any measures or incurring additional expense or not) THEN Carrier may exercise its rights under Clause 19, without prejudice advisable to its other Rights and Defencesdo so. 14.4 Merchant shall fully Indemnify Carrier against all Liabilities arising out of the Carriage of any Dangerous Goods tendered by Merchant including (without limitation) Liabilities resulting from injuries caused to any person (including Carrier's employees, agents and Sub-Contractors), damage to any property (including any Container and Vessel), environmental damages (direct and indirect), clean up, removal, rehabilitation expenses, legal costs (on an indemnity basis), and fines and penalties imposed by any governmental agencies or authorities.

Appears in 1 contract

Samples: Terms and Conditions of Carriage

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