Loss or Damage to Goods. The Customer must immediately notify Eclipx if the Goods or any part of the Goods (Affected Goods) are lost, stolen or damaged beyond economic repair. The Customer must, within 5 Business Days of notification, at the direction of Eclipx:
(a) replace the Affected Goods at the cost of the Customer with equivalent goods approved by Eclipx and ensure Eclipx obtains clear title to such replacement goods (which shall be deemed to be the same Goods for the purposes of the relevant Lease); or
(b) pay Eclipx within 5 Business Days of notification under clause 8.1 the portion of the Early Termination Sum referable to the Affected Goods calculated as at the date of Eclipx’s notice under clause 8.1(b)(i). Upon receipt by Eclipx of such amounts:
(i) the relevant Lease will terminate immediately in relation to the Affected Goods;
(ii) the relevant Lease will continue with respect to any remaining part of the Goods, with adjusted payments as notified by Eclipx to the Customer in writing and calculated as the Payments otherwise payable less the proportion of the Payments which related to the Affected Goods; and
(iii) Eclipx will make a pro rata adjustment to any Payments already paid in respect of the Affected Goods for the period from receipt of such amounts to the next Lease Payment Date.
Loss or Damage to Goods. Consignee shall be responsible to and shall reimburse Consignor for all loss and expense to Consignor resulting from damage to or destruction of the Goods, or from levy or attachment of any court process or lien thereon while in Consignee's possession, and until such time as the title passes from Consignor by reason of the sale thereof and the proceeds of sale have been accounted for and remitted to Consignor. Consignee shall maintain an insurance policy or policies on the Goods in Consignee's possession, protecting against loss from fire and other insurable perils, in an amount satisfactory to Consignor and naming Consignor as insured and loss payee.
Loss or Damage to Goods. The liability of APM Terminals for any loss or damage to goods, to the extent caused by fault or negligence on the part of APMT Terminals´ employees while engaged in the delivery, receiving, watching, or storing of such goods as part of Container Terminal Services shall be limited to the lesser of:
(a) the value of the goods actually lost or damaged, namely the reasonable repair cost or replacement cost (with goods of the same age and in the same condition) of the goods lost or damaged;
(b) the limits of liability upon which the Customer could rely in a claim brought against it in accordance with the xxxx of lading or other transport document, evidencing a contract of carriage which has been issued in respect of goods carried by the Customer (“Carriage Contract”); and
(c) 2SDRs per kilo of gross weight of the goods lost or damaged. The Customer shall ensure that all Carriage Contracts incorporate a clause to the effect that APM Terminals will have the benefit of the provisions, including the law and jurisdiction provisions of that Carriage Contract to the extent such provisions benefit the Customer. APM Terminals authorises, empowers and directs the Customer to act, and the Customer hereby agrees to act, as trustee and/or agent for APM Terminals for the limited purpose only of complying with this Clause 0. In addition to being able to rely on this Agreement, APM Terminals has the right to avail itself of and invoke any limitation or exclusion of liability, immunity, defence, right, remedy and/or law and jurisdiction clause contained in the Carriage Contract as if APM Terminals were the carrier and Customer were the merchant referred to in the Carriage Contract.
Loss or Damage to Goods. 3.1 Notwithstanding the fact that Consignee shall not take title to Goods upon delivery, Consignee shall be responsible and reimburse Consignor for all loss, costs and expenses incurred by it as a result of any damage to or destruction (in whole or in part) of Goods at the Facility or delivered to Consignee at the relevant port. The foregoing liability shall further apply to any loss or expense incurred by reason of the levy or attachment of the Goods by any judicial process or lien thereon or security interest therein while in Consignee’s possession, except where such levy or attachment is due to the acts of Consignor or its creditors. In this connection, until and unless it purchases Goods in accordance with the terms of this Agreement, Consignee shall not pledge any Goods as security nor permit any attachment thereof or levy against same by its creditors nor represent at any time to any third party that it is the true or beneficial owner of the Goods.
3.2 Consignee shall arrange and maintain, at its expense, all-risk insurance for the Goods while in its possession, with loss payable to Consignee and/or Consignor as their respective interests may appear, in an amount not less than $1,000,000.00 and with such insurer as Consignor may deem reasonable and appropriate. Said insurance shall provide for a minimum ten (10) days’ prior written notice to Consignor of cancellation thereof and Consignee shall deliver to Consignor a copy of the relevant policy promptly upon execution of this Agreement.
Loss or Damage to Goods. During the Term, you agree to:
Loss or Damage to Goods. The Palmerston Game Fishing Club does not accept responsibility for damage or loss of any goods left at the venue prior to and after the function. Goods left at the club will need to be collected within 7 days of the end of function. Any damages incurred to Palmerston Game Fishing Club property such as trophy or chattel or property damage during the function will be invoiced to the hirer or taken from the deposit paid by the hirer the cost of the damage.
Loss or Damage to Goods
