Common use of Loss, Damage, Delay and Force Majeure Clause in Contracts

Loss, Damage, Delay and Force Majeure. 27.1 Loss, Damage and Delay (a) The Vessel, Master and Owner shall not, unless otherwise expressly provided in this Charter, be liable for any loss or damage or delay or failure arising or resulting from: (i) any act, neglect or default of the Master, pilots, mariners or other servants of Owner in the navigation or management of the Vessel; (ii) fire, unless caused by the actual fault or privity of Owner; (iii) collision or stranding, unless caused by Owner’s fault; (iv) dangers and accidents of the sea; or (v) explosion, bursting of boilers, breakage of shafts or any latent defect in hull, equipment or machinery of the Vessel, unless caused by the actual fault of Owner, provided, however, that Clauses 2 (Vessel to be Chartered), 4 (Vessel Specifications and Characteristics), 6 (Delivery, Redelivery and Cancelling)), 18 (Off-Hire), 22 (Key Vessel Performance Criteria), 23 (Vessel Performance Review and Claims) or 24 (Indemnification) shall not be affected by the foregoing. (b) Provided the Vessel complies with any requirements as to compulsory pilotage, the Vessel shall have liberty to sail with or without pilots, to tow or go to the assistance of vessels in distress and to deviate for the purpose of saving life or property. (c) Clause 27.1(a) shall not apply to, or affect any liability of, Owner or the Vessel or any other relevant person in respect of: (i) loss or damage caused to any berth, jetty, dock, dolphin, buoy, mooring line, pipe, crane or other works or equipment whatsoever at or near any place to which the Vessel may proceed under this Charter, whether or not such works or equipment belong to Charterer; or (ii) any claim (whether brought by Charterer or any other person) arising out of any loss of or damage to or in connection with any cargo. Any such claim shall be subject to the provisions of Clause 13. (d) Owner, while seeking to rely upon any provision of this Clause 27.1, shall, as a precondition of such reliance, give notice to Charterer of the event upon which it seeks to rely. Such notice shall be given promptly upon Owner becoming aware that such event may occur or, if the event is unforeseeable, promptly upon becoming aware of its occurrence. Owner shall make every reasonable effort to remove or remedy the event and to mitigate its effects as quickly as may be possible.

Loss, Damage, Delay and Force Majeure. 27.1 21.1 Loss, Damage and Delay (a) The Vessel, Master and Owner Contractor shall not, unless otherwise expressly provided in this CharterAgreement, be liable for any loss or damage or delay or failure arising or resulting from: (i) any act, neglect or default of the Master, pilots, mariners or other servants of Owner Contractor in the navigation or management of the Vessel; (ii) fire, unless caused by the actual fault or privity of OwnerContractor; (iii) collision or stranding, stranding unless caused by OwnerContractor’s fault; (iv) dangers and accidents of the sea; or (v) explosion, bursting of boilers, breakage of shafts or any latent defect in hull, equipment or machinery of the Vessel, unless caused by the actual fault of OwnerContractor, provided, however, that Clauses 2 11 (Vessel to be CharteredPilots and Tugs), 4 (Vessel Specifications and Characteristics), 6 (Delivery, Redelivery and Cancelling)), 18 14 (Off-Hire), 22 17(b)(iii) (Key Vessel Performance Criteria), 23 (Vessel Performance Review Regasification Flow Rate Compensation) and Claims) or 24 18 (Indemnification) shall not be affected by the foregoing. (b) Provided the Vessel complies with any requirements as to compulsory pilotage, the Vessel shall have liberty to sail with or without pilots, to tow or go to the assistance of vessels in distress and to deviate for the purpose of saving life or property. (c) Clause 27.1(a21.1(a) shall not apply to, or affect any liability of, Owner Contractor or the Vessel or any other relevant person in respect of: (i) loss or damage caused to any berth, jetty, dock, dolphin, buoy, mooring line, pipe, crane or other works or equipment whatsoever at or near any place to which the Vessel may proceed under this CharterAgreement, whether or not such works or equipment belong to ChartererCustomer; or (ii) any claim (whether brought by Charterer Customer or any other person) arising out of any loss of or damage to or in connection with any cargo. Any such claim shall be subject to the provisions of Clause 137. (d) OwnerContractor, while seeking to rely upon any provision of this Clause 27.121.1, shall, as a precondition of such reliance, give notice to Charterer Customer of the event upon which it seeks to rely. Such notice shall be given promptly upon Owner Contractor becoming aware that such event may occur or, if the event is unforeseeable, promptly upon becoming aware of its occurrence. Owner Contractor shall make every reasonable effort to remove or remedy the event and to mitigate its effects as quickly as may be possible.