Matters affecting Performance. If at any time the performance of the contract evidenced by the Bill of Lading is or is likely to be affected by any hindrance risk delay difficulty or disadvantage of whatsoever kind which cannot be avoided by the exercise of reasonable endeavours the Carrier (whether or not the transport is commenced) may without notice to the Merchant treat the performance of this contract as terminated and place the Goods or any part of the Merchant disposal at any place or port with the Carrier may deem safe and convenient where upon responsibility of the Carrier in respect of such Goods shall cease. The Carrier in respect of such charges on Goods received for transportation and the Merchant shall pay any additional costs of carriage to and delivery and storage at such place or port
Matters affecting Performance. If at any time and for any reason the performance of the Carriage of the Goods is or is likely to be affected by any hindrance, risk, delay, difficulty, or disadvantage of any kind, other than the inability of the Goods to be safely or properly carried or carried further, and howsoever arising (even though the circumstances giving rise to such matters as stated above existed at the time this contract was entered into or the Goods were received for shipment), the Carrier in question, at its sole discretion, without prior notice to Customer and irrespective of whether the Carriage has commenced, may treat the performance of the Carriage as terminated and place the Goods at Customer’s disposal at any place that the Carrier, in its sole discretion, deems to be safe and convenient, at which place the Carriage shall cease. Broker shall nevertheless be entitled to full freight for the Carriage of the Goods and Customer shall pay any additional costs of transportation to and delivery and storage at such place.
Matters affecting Performance. (1) If any time the Carriage is or is likely to be affected by any hindrance, risk, delay, difficult, o Carriage of Goods by Water Act 1936 of Canada. making such Rules compulsorily applicable (such as COGSA or COGWA) to this Bill of disadvantage of any kind (including the condition of the Goods) whensoeverand howover "Charges includes freight and all expensesand money obligations incurred and payable by the Merchant. Lading apply, the Carrier shall not, unlessa declared value has been noted in accordance with (C) below, be or became l iable for any loss damage to or in arising(whether or not the Carriage has commenced) the Carrier may.
(A) without notice to the Merchant abandon the Carriage of theGoods and where reasonable "Shipping Unit" includes freight unit and the term "unit" as used in the Hague Rulesand connection with the Goods ina n amount per package or shipping unit inexcess of the possiblw palce of the Goods or any part of them at the Merchant's disposal at any place Hague Visby rules "Person"includes an individual, ar partnership, a body corporate of other entity.
Matters affecting Performance. In any situation whatsoever and wheresoever occurring and whether existing or anticipated before commencement of, during or after the Carriage, which in the judgment of the Carrier is likely to give rise to any hindrance, risk, capture, seizure, detention, damage, delay, difficulty or disadvantage or loss to the Carrier or any part of the Goods, or make it unsafe, imprudent, impracticable or unlawful for any reason to receive, keep, load, carry or discharge them or any part of them or commence or continue the Carriage or disembark passengers at the Port of Discharge or of the usual or intended place of discharge or delivery, or to give rise to danger, delay or difficulty of whatsoever nature in proceeding by the usual or intended route, the Carrier and any Participating carrier, independent contractor, their agents and servants, without notice to the Merchant, may decline to receive, keep, load, carry or discharge the Goods, or may discharge the Goods and may require the Merchant to take delivery and, upon failure to do so, may warehouse them at the risk and expense of the Merchant and Goods or may forward or transship them as provided in this Bill of Lading, or the Carrier may retain the Goods on board until the return of the Vessel to the Port of Loading or to the Port of Discharge or any other point or until such time as the Carrier deems advisable and thereafter discharge them at any place whatsoever. In such event, as herein provided, such shall be at the risk and expense of the Merchant and Goods, and such action shall constitute complete delivery and performance under this contract, and the Carrier shall be free from any further responsibility. For any service rendered as herein above provided or for any delay or expense to the Vessel or Carrier caused as a result thereof, the Carrier shall, in addition to full Charges, be entitled to reasonable extra compensation, and shall have a lien on the Goods for same. Notice of disposition of the Goods shall be sent to the Merchant named in this Bill of Lading within a reasonable time thereafter. All actions taken by the Carrier hereunder shall be deemed to be within the contractual and contemplated Carriage and not be an unreasonable deviation.
