Common use of DELAYS AND DAMAGES Clause in Contracts

DELAYS AND DAMAGES. In the event of a vehicle being delayed or damaged due to the Client’s failure to comply with the provisions of clauses 24 and 25, the Client shall be liable for additional charges at Concargo’s usual rates, alternatively reasonable rates, and/or such damages as the case may be. In the event of any damage whatsoever being caused to Concargo’s own/leased/hired/contracted vehicle/s and/or equipment whilst loading or off-loading Goods at the Client’s premises (or any other designated premises), then and in such event, the Client shall be liable for the fair and reasonable costs of repairing the damage caused to Concargo’s own/leased/hired/contracted vehicle/s and/or equipment and restoring the vehicle/s and/or equipment to the condition it/they was/were in prior to the damage caused to it. The Client shall be responsible for and shall compensate Concargo in respect of all or any damage sustained by it, should any of its own/leased/hired/contracted vehicles or any part thereof, or any of Concargo’s equipment be damaged while such vehicles and/or equipment are on, or in the process of entering upon, or leaving any loading or off-loading sites, howsoever such damage is caused, whether as a result of loading, off-loading or whether as a result of the sites not being in a proper or good state of repair and/or whether such damage occurs because such sites are not level and clear. The Client shall be liable for such damage, whether same is direct, indirect or consequential. Similarly, should any of Concargo’s own/leased/hired/contracted vehicles and/or any part thereof and/or its equipment be damaged while such vehicles (and/or equipment) are in transit through any other fault of the Client and/or its servants or agents, whether as a result of loading or otherwise or whether as a result of the load itself, the Client shall be responsible and shall compensate Concargo for any such damage, whether direct, indirect or consequential.

Appears in 2 contracts

Samples: Standard Terms and Conditions, Standard Terms and Conditions

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DELAYS AND DAMAGES. In the event of a vehicle being delayed or damaged due to the Client’s failure to comply with the provisions of clauses 24 and 25, the Client shall be liable for additional charges at ConcargoShipping & General’s usual rates, alternatively reasonable rates, and/or such damages as the case may be. In the event of any damage whatsoever being caused to ConcargoShipping & General’s own/own/ leased/hired/contracted vehicle/s and/or equipment whilst loading or off-loading Goods at the Client’s premises (or any other designated premises), then and in such event, the Client shall be liable for the fair and reasonable costs of repairing the damage caused to ConcargoShipping & General’s own/leased/hired/contracted vehicle/s and/or equipment and restoring the vehicle/s and/or equipment to the condition it/they was/were in prior to the damage caused to it. The Client shall be responsible for and shall compensate Concargo Shipping & General in respect of all or any damage sustained by it, should any of its own/leased/hired/contracted vehicles or any part thereof, or any of ConcargoShipping & General’s equipment be damaged while such vehicles and/or equipment are on, or in the process of entering upon, or leaving any loading or off-loading sites, howsoever such damage is caused, whether as a result of loading, off-loading or whether as a result of the sites not being in a proper or good state of repair and/or whether such damage occurs because such sites are not level and clear. The Client shall be liable for such damage, whether same is direct, indirect or consequential. Similarly, should any of ConcargoShipping & General’s own/leased/hired/contracted vehicles and/or any part thereof and/or its equipment be damaged while such vehicles (and/or equipment) are in transit through any other fault of the Client and/or its servants or agents, whether as a result of loading or otherwise or whether as a result of the load itself, the Client shall be responsible and shall compensate Concargo Shipping & General for any such damage, whether direct, indirect or consequential.

Appears in 1 contract

Samples: Standard Terms and Conditions

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DELAYS AND DAMAGES. 26.1 In the event of a vehicle being delayed delayed, or damaged damaged, due to the Client’s failure to comply with the provisions of clauses 24 and 25, ; the Client shall be liable for additional charges at ConcargoGSF’s usual rates, alternatively reasonable ratesrates for any additional work, and/or any such damages as the case may be. . 26.2 In the any event of any damage whatsoever being caused to ConcargoGSF’s own/own/ leased/hired/contracted vehicle/s and/or equipment equipment, whilst loading or off-loading Goods at the Client’s premises (or any other designated premises); then, then and in such event, the Client shall be liable for the fair and reasonable costs of repairing the damage caused to ConcargoGSF’s own/leased/hired/contracted vehicle/s and/or equipment and restoring the vehicle/s and/or equipment to the condition it/they was/were in prior to the damage caused to it. . 26.3 The Client shall be responsible for for, and shall compensate Concargo GSF in respect of of, all or any damage sustained by itGSF and/or its Sub-Contractors, should any of its own/leased/hired/contracted vehicles or any part thereof, ; or any of ConcargoGSF’s equipment be damaged damaged, while such vehicles and/or equipment are on, or in the process of entering upon, or leaving any loading or off-off- loading sites, ; howsoever such damage is caused, whether as a result of loading, off-loading loading, or whether as a result of the sites not being in a proper proper, or good state state, of repair repair; and/or whether such damage occurs because such sites are not level and clear. . 26.4 The Client shall be liable for such damage, whether same is direct, indirect or consequential. . 26.5 Similarly, should any of ConcargoGSF’s own/leased/hired/contracted vehicles and/or any part thereof and/or its equipment be damaged damaged, while such vehicles (and/or equipment) are in transit transit; through any other fault of the Client and/or its servants or agents, whether as a result of loading or otherwise or whether as a result of the load itself, the Client shall be responsible and shall compensate Concargo GSF for any such damage, whether direct, indirect or consequential.

Appears in 1 contract

Samples: Standard Trading Terms and Conditions

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