Liability of the Carrier. (a) Except where caused by the direct negligence of the Carrier, the Carrier shall not be liable to a Shipper for any delay, damage, loss or consequential loss resulting from any cause while the Carrier is in possession or control of such Shipper’s Refined Petroleum Products, including without limitation the breakdown of the facilities of the Carrier.
(b) If damage or loss to Petroleum results from any cause other than the direct negligence of the Carrier while the Carrier is in possession or control of such Petroleum then the Carrier may apportion the cost of such damage or loss on a pro rata basis among all Shippers. Each Shipper’s share of such cost shall be determined by the Carrier based on the proportion of the volume of the Shipper’s Refined Petroleum Products in the possession of the Carrier on the date of such loss to the total volume of Petroleum in the possession of the Carrier on the date of such loss.
Liability of the Carrier. 5.1 The period of liability of the Carrier commences at the time when all of the Goods are loaded into the means of transport for the performance of the Services and the Carrier, its employee or Subcontractor has become in effective control of all of the Goods. The period of liability of the Carrier ends at the time when all Goods are discharged from the means of transport. The period of liability commences again at the time when all Goods are loaded into another means of transport in order to be transported further. The parts in between, including – but not limited to – the parts during which the Goods and/or Units are subject to storage or terminal activities – are not included in the period of liability of the Carrier.
5.2 The Carrier shall not be liable whatsoever for loss of or damage to the Goods or the Unit, and howsoever occurring, when such loss or damage arises outside the period of liability as defined in Article 5.1 of these General Terms & Conditions.
5.3 If the Carrier undertakes to carry Goods by road alone and the place of taking over the Goods or Unit and the place of delivery of the Goods or Unit are situated in two different countries, the provisions of the CMR Convention shall apply, as if set out herein. If the Carrier undertakes to carry Goods purely domestic by road, the provisions of the General Transport Conditions 2002 (Algemene Vervoercondities 2002; AVC) shall apply.
5.4.1 If the Carrier undertakes to carry Goods by sea alone (quay-quay), the provisions of the HVR shall apply, as if set out herein, but with the following deviations:
(a) in derogation from Article IV, Section 5(c) of the HVR, the liability of the Carrier is in any event limited to 666.67 SDRs per package or unit, with the exclusion of the right of the entitled party to claim compensation of 2 SDRs per gross kilo of lost or damaged goods;
(b) in derogation from Article IV, Section 5(c) of the HVR, every container or other transportation equipment together with the eventual contents thereof is deemed to form one package or unit;
(c) the Carrier shall never be liable for damage resulting from late delivery;
(d) Article III, Sections 3, 4, 5, 7 and 8 of the HVR do not apply.
5.4.2 Any liability of the Carrier is excluded in respect of damage to or loss of Goods arising before loading and after discharge from the ship, in accordance with Article 5.1 of these General Terms & Conditions.
5.5 If it is agreed or it ensues from the nature of the carriage route that the car...
Liability of the Carrier. 18.1. Subject to the applicable mandatory Law, the Carrier shall be liable for and shall save, indemnify, defend and hold ECS harmless (and/or the Group Companies) against any Damage, action, liability, cost or expense (including legal costs and expenses) whatsoever arising by reason of or in connection with:
I. any of the Carrier’s Warranties not being true, correct or accurate;
II. any violation of any other covenant or obligation of the Carrier set out in this Agreement; or
III. the Carriage of Goods, including delays, losses and damages to Goods and Units.
18.2. The Carrier shall fully indemnify and hold ECS harmless against any and all claims of Third Parties, including Authorities and Cargo Interests, that could be filed against ECS as a result of the performance of the Carriage of Goods and/or arising out of or in connection with this Agreement.
18.3. The obligations and liabilities of the Carrier under this Agreement, shall be considered as strict liabilities.
Liability of the Carrier. 19.1 For the purpose of this clause “carrier” shall mean any carrier involved in the carriage of the cargo on behalf of DIAMOND.
19.2 It is recorded that where the goods are transported by the carrier in terms of this agreement, the carrier shall not be liable to the Customer or any other person for:
19.2.1 Loss, damage or delay arising out of the carriage of the goods or other services performed by the carrier incidental thereto, unless such loss or damage or delay is occasioned by an in-flight accident; excluding in-flight accidents caused or occasioned by the negligence or wilful misconduct of DIAMOND;
19.2.2 Any indirect or consequential damages of any nature or any loss of profit or other special damages of any nature which the customer may suffer as a result of an in-transit accident, excluding in-transit accidents caused or occasioned by the negligence or wilful misconduct of DIAMOND.
Liability of the Carrier. The liability (if any) of the Carrier for damages suffered as a result of death or personal injury to the Guest, or loss or damage to Luggage shall be determined in accordance with the following Conventions whose limits apply including in any claims for loss of or damage to Luggage and or death and or personal injury and are hereby expressly incorporated into these Boarding Conditions:
Liability of the Carrier. Article 17 1 The carrier shall be liable for the total or partial loss of the goods and for damage thereto occurring between the time when he takes over the goods and the time of delivery, as well as for any delay in delivery.
Liability of the Carrier. (a) Except where caused by the direct negligence of the Carrier, the Carrier shall not be liable to a Shipper for any delay, damage, loss or consequential loss resulting from any cause while the Carrier is in possession or control of such Xxxxxxx's Crude Petroleum, including, without limitation, the breakdown of the facilities of the Carrier.
(b) If damage or loss to Crude Petroleum results from any cause other than the direct negligence of the Carrier while the Carrier is in possession or control of such Crude Petroleum, then the Carrier may apportion the cost of such damage or loss on a pro rata basis among all Shippers. Each Shipper's share of such cost shall be determined by the Carrier based on the proportion of the volume of the Shipper's Crude Petroleum in the possession of the Carrier on the date of such loss to the total volume of Petroleum in the possession of the Carrier on the date of such loss.
Liability of the Carrier. 1. Except in case of force major the carrier is liable for damage to or loss of the goods and for damage owing to delay in delivery in so far as the carrier has not fulfilled the obligations mentioned in article 9, para 2 and 3. CTI/ Movianto Nederland
2. For acts and omissions of his assisting agents and servants, the carrier is liable in the way as for his own acts and omissions.
3. The carrier cannot relieve himself of his liability by invoking the defective condition of the vehicle or of the equipment of which he makes use unless this has been made available to him by the sender, the consignee or the receiver. The notion equipment does not include a ship or a railcar in or on which is the vehicle.
Liability of the Carrier. 1. The carrier shall be liable for the damage suffered as a result of the death of or personal injury to a passenger and the loss of or damage to luggage if the incident which caused the damage so suffered occurred in the course of the carriage and was due to the fault or neglect of the carrier or of his servants or agents acting within the scope of their employment.
2. The burden of proving that the incident which caused the loss or damage occurred in the course of the carriage, and the extent of the loss or damage, shall lie with the claimant.
3. Fault or neglect of the carrier or of his servants or agents acting within the scope of their employment shall be presumed, unless the contrary is proved, if the death of or personal injury to the passenger or the loss of or damage to cabin luggage arose from or in connexion with the shipwreck, collision, stranding, explosion or fire, or defect in the ship. In respect of loss of or damage to other luggage, such fault or neglect shall be presumed, unless the contrary is proved, irrespective of the nature of the incident which caused the loss or damage. In all other cases the burden of proving fault or neglect shall lie with the claimant.
Liability of the Carrier. 18.1. Subject to the applicable mandatory Law, the Carrier shall be liable for and shall save, indemnify, defend and hold ECS harmless (and/or the Group Companies) against any Damage, action, liability, cost or expense (including legal costs and expenses) whatsoever arising by reason of or in connection with:
I. any of the Carrier’s Warranties not being true, correct or accurate;
II. any violation of any other covenant or obligation of the Carrier set out in this Agreement; or
III. the Carriage of Goods, including delays, losses and damages to Goods and Units.
18.2. The Carrier shall fully indemnify and hold ECS harmless against any and all claims of Third Parties, including Authorities and Cargo Interests, that could be filed against ECS as a result of the performance of the Carriage of Goods and/or arising out of or in connection with this Agreement.
18.3. The obligations and liabilities of the Carrier under this Agreement, shall be considered as strict liabilities.
18.4. In case of loss or theft of excise related goods, for which the carrier is liable, the recovery for these excise duties on the carrier shall be determined by the applicable legislation of the country where the excise duties are payable.
