Common use of Liability for loss or damage Clause in Contracts

Liability for loss or damage. (1) The Center with its due care shall conduct the operations provided in the Contract. The Center shall be liable to the Ship Owners for their loss or damage caused by the negligence of the Center. (2) Notwithstanding the preceding paragraph, the Center shall not be liable for any loss or damage caused by failure or delay of the provision of necessary information by the Ship Owners/Master or Specific Oil-relevant Parties, or caused by the inaccuracy or insufficiency of the information provided, following the Center's request to provide the necessary information for Emergency Response in accordance with Section 6(1),. Notes (1) Section 6(5) provides that the Center shall take Emergency Response with good faith and its due care, and the former part of Section 8(1) refers to this again and emphasizes the Center's obligation to make due diligence in its performance under this Contract, including its Emergency Response. (2) Section 6(4) provides that all actions made by the Disaster Contractor, which has entered into a contract with the Center beforehand in order to pursue Emergency Response (hereinafter “Disaster Contractor”), shall be deemed as those made by the Center. Thus, negligence of the Disaster Contractors shall be deemed as negligence of the Center. (3) However, the Center assumes no liability for loss of or damage to the Ship Owners if it arises not only from the negligence of the Center, but also from the failure/delay of provision of necessary information or inaccuracy/inadequacy in the information provided by the Ship Owners/Master or Specific-Oil-relevant Parties (Section 8(2)). Even without Section 8(2), similar conclusions could be reached through review of the facts with respect to contributory negligence and/or causation. This Section has made it clear, focusing on the importance of the information in large amount of Specific Oil spill accident.

Liability for loss or damage. (1) The Center with its due care shall conduct the operations provided in the Contract. The Center shall be liable to the Ship Owners for their loss or damage caused by the negligence of the Center. (2) Notwithstanding the preceding paragraph, the Center shall not be liable for any loss or damage caused by failure or delay of the provision of necessary information by the Ship Owners/Master or Specific Specific-Oil-relevant Parties, or caused by the inaccuracy or insufficiency of the information provided, following the Center's request to provide the necessary information for Emergency Response in accordance with Section 6(1),. Notes (1) Section 6(5) provides that the Center shall take Emergency Response with good faith and its due care, and the former part of Section 8(1) refers to this again and emphasizes the Center's obligation to make due diligence in its performance under this Contract, including its Emergency Response. (2) Section 6(4) provides that all actions made by the Disaster Contractor, which has entered into a contract with the Center beforehand in order to pursue Emergency Response (hereinafter “Disaster Contractor”), shall be deemed as those made by the Center. Thus, negligence of the Disaster Contractors shall be deemed as negligence of the Center. (3) However, the Center assumes no liability for loss of or damage to the Ship Owners if it arises not only from the negligence of the Center, but also from the failure/delay of provision of necessary information or inaccuracy/inadequacy in the information provided by the Ship Owners/Master or Specific-Oil-relevant Parties (Section 8(2)). Even without Section 8(2), similar conclusions could be reached through review of the facts with respect to contributory negligence and/or causation. This Section has made it clear, focusing on the importance of the information in a large amount of Specific Oil spill accident.

Liability for loss or damage. (1) The Center with its due care shall conduct the operations provided in the Contract. The Center shall be liable to the Ship Owners for their loss or damage caused by the negligence of the Center. (2) Notwithstanding the preceding paragraph, the Center shall not be liable for any loss or damage caused by failure or delay of the provision of necessary information by the Ship Owners/Master or Specific OilHNS-relevant Parties, or caused by the inaccuracy or insufficiency of the information provided, following upon having the Center's request to provide the necessary information for Emergency Response in accordance with Section 6(1),, or caused by the inaccuracy or insufficiency of the provided information. Notes (1) Section 6(5) provides that the Center shall take Emergency Response with good faith and its due care, and the former part of Section 8(1) this article refers to this again and emphasizes the Center's obligation to make due diligence in its performance under this Contract, including its Emergency Response. (2) Section 6(4) provides that all actions made by the Disaster Contractor, which has entered into a contract with the Center beforehand in order to pursue Emergency Response (hereinafter “Disaster Contractor”), shall be deemed as those made by the Center. Thus, negligence of the Disaster Contractors shall be deemed as negligence of the Center. (3) However, the Center assumes no liability for loss of or damage to the Ship Owners if it arises not only from the negligence of the Center, but also from the failure/delay of provision of necessary information or inaccuracy/inadequacy in the information provided by the Ship Owners/Master or Specific-OilHNS-relevant Parties (Section 8(2)). Even without Section 8(2), similar conclusions could be reached through review of the facts with respect to contributory negligence and/or causation. This Section has made it clear, focusing on the importance of the information in large amount of Specific Oil spill ‘HNS’ accident.

Liability for loss or damage. (1) The Center with its due care shall conduct the operations provided in the Contract. The Center shall be liable to the Ship Owners for their loss or damage caused by the negligence of the Center. (2) Notwithstanding the preceding paragraph, the Center shall not be liable for any loss or damage caused by failure or delay of the provision of necessary information by the Ship Owners/Master or Specific OilHNS-relevant Parties, or caused by the inaccuracy or insufficiency of the information provided, following the Center's request to provide the necessary information for Emergency Response in accordance with Section 6(1),. Notes (1) Section 6(5) provides that the Center shall take Emergency Response with good faith and its due care, and the former part of Section 8(1) refers to this again and emphasizes the Center's obligation to make due diligence in its performance under this Contract, including its Emergency Response. (2) Section 6(4) provides that all actions made by the Disaster Contractor, which has entered into a contract with the Center beforehand in order to pursue Emergency Response (hereinafter “Disaster Contractor”), shall be deemed as those made by the Center. Thus, negligence of the Disaster Contractors shall be deemed as negligence of the Center. (3) However, the Center assumes no liability for loss of or damage to the Ship Owners if it arises not only from the negligence of the Center, but also from the failure/delay of provision of necessary information or inaccuracy/inadequacy in the information provided by the Ship Owners/Master or Specific-OilHNS-relevant Parties (Section 8(2)). Even without Section 8(2), similar conclusions could be reached through review of the facts with respect to contributory negligence and/or causation. This Section has made it clear, focusing on the importance of the information in large amount ‘HNS’ accident. S ection 9: Use of Specific Oil materials and equipment by Ship certified When the Ship Owners request the Center to take Emergency Response pursuant to Section 5 or conclude a contract with the Center regarding the operations under item 2 of Article 42- 14 of the Law, the Ship Owners may use the materials and equipment in order to prevent and clean up ‘HNS’ spill accidentfrom the Ship under the supervision by the Center or Disaster Response Contractor.