OBLIGATIONS OF THE CARRIER. 7.2.1 The carrier shall deliver the goods to the designated place within the time limit stipulated in the contract. The carrier has the right to refuse to transport the goods that are found to be of poor quality or dangerous at the time of pick up.
7.2.2 Consignment shall be delivered by the methods and time agreed in the contract, and the carrier shall be responsible for the safety of the consignment.
7.2.3 For any problems in the transportation process, the carrier shall notify the shipper in time, and shall actively take effective measures and negotiate with the shipper to resolve the problem.
7.2.4 The carrier arranges delivery according to the shipper’s instructions and delivers the goods to the consignee on time. The carrier shall obtain the receipt from the consignee.
7.2.5 Upon receiving instructions from the shipper, the carrier shall arrange the pick-up and transport vehicles, as well as the loading and unloading tools if required, and pick up the goods at the shipper’s shipping department at the agreed time and place.
OBLIGATIONS OF THE CARRIER. 7.1 The CARRIER shall be obliged to ensure that, at all relevant times
(a) All vehicles utilized by the CARRIER for purposes of providing CARRIAGE are properly licensed
(b) All vehicles utilized by the CARRIER will be in a roadworthy condition
(c) All drivers used by the CARRIER in relation to the CARRIAGE are in possession of a valid and appropriate driver’s license, which shall not be subject to any suspension.
7.2 The CARRIER shall not be liable to the CLIENT in respect of any damages the CLIENT may suffer as a result of a delay beyond the control of the CARRIER to load or deliver CARGO.
7.3 The CARRIER shall not be liable to the CLIENT for goods gone missing where it was packed, wrapped, sealed or enclosed in such a way that positive counting or identification was not possible, and the fact that the CARRIER signed for the receipt of goods in good faith, does not wave our express right to this clause. Neither the CARRIER nor the INSURER will entertain unsubstantiated, dubious or fraudulent claims.
OBLIGATIONS OF THE CARRIER. 5.1 All transport operations, both national and international, will be executed subject to the applicability of the CMR Convention.
5.2 The Carrier is obliged to execute the transport of goods with its own load-units.
5.3 The Carrier guarantees the soundness and suitability of the equipment used in its operations.
5.4 The Carrier is required to directly take receipt of the agreed product at the agreed place (load location), time (planned load time) and in the agreed manner, on condition that these are in proper condition, accompanied by the required documents and that the product has been made available to the Carrier.
5.5 The Carrier is required to transport the product, placed at its (the Carriers’) disposal by BAS, to the destination designated by BAS (unload location). The Carrier will deliver this product to the recipient in the same condition as that in which they were received or alternatively in the agreed condition. In that process, the Carrier shall at all times comply with the applicable procedural regulations, the conditions contained in the order in question and the agreed delivery date and time (planned unload time).
5.6 The Carrier is responsible for loading and unloading the product, at the designated load- and unload location, according the procedure specified by BAS, unless these, in the opinion of the Carrier, constitute such a hazard or nuisance that such activities cannot be demanded of the Carrier.
5.7 The Carrier will take all measures, including those not ensuing directly from the Agreement, to protect the interests of BAS and its product. The carrier is responsible for the product at all times and ensures that the product is properly secured.
5.8 Should any uncertainty arise concerning the instructions and/or procedures, or if the Carrier is unable to comply with one or more conditions and/or instructions, the Carrier will duly immediately inform BAS in writing.
5.9 The Carrier is requested to perform additional work in consultation with and on instructions of BAS, if such work can in all reasonableness be expected of the Carrier.
5.10 The Carrier shall at all times respect the ownership right of the product(s), documents and equipment that is to be to be transported. At no moment whatsoever can the Carrier acquire or encumber with any limited rights the ownership of the product(s) and goods that are to be transported.
5.11 The Carrier will act as a responsible Carrier.
5.12 The Carrier is obliged to execute the transport service w...
OBLIGATIONS OF THE CARRIER. 3.1. The Carrier shall perform the Carriage in strict adherence to the valid civil aviation rules.
OBLIGATIONS OF THE CARRIER. 1. The carrier is obliged to accept the goods agreed at the place and time and in the manner agreed as well as to communicate the loading capacity of the vehicle to the sender, unless the sender is likely to be aware of this.
2. The carrier is obliged to deliver at destination the goods received for carriage in the condition in which he has received them.
3. The carrier is obliged to deliver the goods received for carriage within a reasonable time lapse; if a period of delivery has been agreed in writing delivery must be done within this period.
4. If the carrier does not fulfill the obligation mentioned in para 1, the two parties may give notice of termination of the contract in respect of the goods not yet accepted by the carrier. However, the sender may do so only after having put the carrier under a deadline in writing and the carrier has not fulfilled his obligation at the expiry of it. Notice of termination is given by a written communication to the other party and the contract terminates at the moment of receipt of the communication. After termination the carrier is obliged to compensate the sender for the damage which he has suffered as a result of the termination. This compensation, however, cannot amount to more than twice the freight and the sender is due no freight.
5. The carrier is obliged to check the loading, stowing and possible overcharging undertaken by or on behalf of the sender if and in so far as circumstances permit to do so. If the carrier judges the loading and stowing to be defective, he is obliged, notwithstanding the stipulation in article 4 para 4, to make a remark of this in the consignment note. If he is not able or in the position to fulfil his obligation to check, he may make a remark to the effect in the consignment note.
6. If delivery to house has been agreed, the carrier must carry the goods at the door of the address mentioned in the consignment note or at the door of an address which in stead of the one in the consignment note the sender – in keeping with article 8 – has given.
OBLIGATIONS OF THE CARRIER. 1. When accepting dangerous goods for transport and during transport, the carrier shall ensure that:
(a) The goods are authorized for transport;
(b) The information relating to the dangerous goods for transport provided in the consignment note meets the requirements agreed by the competent authorities of the States Parties;
(c) The consignment notes have been prepared by the consignor in accordance with the Agreement on direct rail traffic between Finland and the Russian Federation and the requirements agreed by the competent authorities of the States Parties;
(d) The wagons or containers have no technical defects;
(e) The deadline for the next periodic inspection of the tank has not expired;
OBLIGATIONS OF THE CARRIER. 3.1. The Carrier shall provide the Aircraft for the Flight Programme properly manned, equipped, fuelled and airworthy in accordance with the laws and regulations of the UK CAA and shall ensure that the Aircraft is operated in accordance with all applicable laws and regulations.
3.2. The Carrier shall at all times retain operational control of the Aircraft, and the captain of the Aircraft shall have complete discretion concerning the preparation of the Aircraft for flight, the load carried and its distribution, as to whether or not a Flight shall be undertaken or abandoned once undertaken, as to any deviation from the proposed route, as to where and when landings shall be made and all other matters relating to the operation of the Aircraft and the Charterer shall accept any decision of the captain in respect thereof as final.
3.3. All ground and operating personnel shall only take instructions from the Carrier unless specific prior written agreement shall have been made between the Carrier and the Charterer whereby certain defined instructions may be accepted by such personnel from the Charterer.
3.4. The Carrier shall be entitled, without giving a reason and without notice, to substitute another aircraft for the Aircraft. In the event of the Aircraft specified in the Schedule becoming unserviceable, the Carrier shall be entitled, but shall not be obliged, to substitute another aircraft.
3.5. The Carrier is entitled to assign or sub-contract the performance of the whole or any part of the obligations it has undertaken hereunder and any reference to the Carrier shall include any sub-contractor to whom such obligations hereunder are assigned or sub-contracted.
3.6. The Carrier may in any event without any liability to the Charterer or to any passenger:
(a) refuse to carry any passenger unless satisfied that the Charterer or any sub- charterer, by or through whom accommodation on the Flight has been made available to that passenger, holds an Air Travel Organiser’s Licence or other requisite permission or authority entitling him so to do if such licence, permission or authority is required by any Government Entity; and
(b) refuse to carry or remove en route, if appropriate, any passenger or his baggage where, in the exercise of its reasonable discretion, the Carrier decides that:
(i) such action is necessary for reasons of safety; or
(ii) such action is necessary in order to comply with any applicable laws, regulations or orders of any state or country to be fl...
OBLIGATIONS OF THE CARRIER. 3.1 The Carrier shall take delivery of the goods at such addresses and at such times as it may be instructed to, either telephonically or in writing, by HML.
3.2 The Carrier shall satisfy itself that all goods are suitable for carriage and that all goods are properly packed and/or crated to ensure correct loading and safe carriage. It is agreed that should the goods not be in a clean, dry and stable condition and/or if the goods reflect visible damage or leakage, then the Carrier shall not load the goods and in which event the Carrier shall immediately advise HML.
3.3 The Carrier shall provide the correct dunnage/lashing equipment to secure the goods and provide tarpaulins to cover the goods at all times and to protect against water ingress, snow, hail, dust, heat, sun and such.
3.4 The Carrier shall inform HML telephonically or by telefax of any unusual delay occasioned by any circumstance whatsoever whether before loading or during transit of the goods.
3.5 The goods shall be delivered to the place and upon the date and time stated on the order form and/ or as instructed by HML, either in writing or telephonically. The Carrier shall substitute another vehicle at its own expense to carry the goods to their destination in the event that any vehicle breaks down. Failure shall leave HML entitled to supply another vehicle and the Carrier shall pay any cost incurred by HML in so doing and any other costs incurred by HML to perform (without obligation to do so) any obligation whatsoever of the Carrier.
3.6 The Carrier shall carry out its mandate in accordance with the instructions and direction contained in the delivery note or delivery instructions as well as any reasonable instructions given by HML, either in writing or telephonically. The Carrier shall check that any delivery notes supplied conform to the quantities and types of goods that are loaded.
3.7 The Carrier shall ensure that it obtains signed delivery notes and a valid, legitimate and legible POD and/or a GRV in respect of any load of goods when it offloads such goods in terms of this agreement, and shall deliver the original of such POD and/or GRV to HML by no later than 21 (TWENTY ONE) calendar days after the offloading date, failing which:
3.7.1 HML shall not be liable for the payment of any rates due to the Carrier in respect of such load of goods;
3.7.2 the Carrier shall forthwith be liable to HML for the full value of such load of goods, and in respect of which HML shall be entitled to apply ...
OBLIGATIONS OF THE CARRIER. 3.1 The Carrier shall be responsible for providing the Aircraft at the commencement of the Flight properly manned and equipped fuelled and airworthy in accordance with the laws and regulations of the state of registration of the Aircraft and the Aircraft shall be operated in accordance with all applicable laws and regulations during the period of the Flight(s).
3.2 The times set out in the Schedule are approximate and not guaranteed and the Carrier is entitled to deviate from the Flight schedule and/or the duration of the Flight and/or to reduce the maximum payload. The captain of the Aircraft shall have complete discretion concerning preparation of the Aircraft for flight, whether or not a Flight shall be undertaken or abandoned once undertaken, any deviation from proposed route, where landing shall be made and all such other matters relating to the operation of the Aircraft and the Charterer shall accept all such decisions as final and binding. In the event that any Flight is delayed through the fault of the Charterer or any passenger, the Charterer shall pay to the Intermediary demurrage at the rate set out in the Schedule.
3.3 All ground and operating personnel including cabin staff shall only take instructions from the Carrier unless specific prior written agreement shall have been made between the Carrier and the Intermediary whereby certain defined instructions may be accepted by such personnel from the Intermediary.
3.4 The Carrier may in any event without any liability to the Intermediary or to any passenger: refuse to carry or remove en route, if appropriate, any passenger or his baggage where, in the exercise of its reasonable discretion, the Carrier decides that:
(a) such action is necessary for reasons of safety; or
(b) such action is necessary in order to comply with any applicable laws, regulations or orders of any state or country to be flown from, into or over; or
(c) the conduct, status, age or mental or physical condition of the passenger is such as to:
(i) require special assistance of the Carrier; or
(ii) cause discomfort or make himself objectionable to other passengers, or
(iii) involve any hazard or risk to himself or other persons or to property; or
(d) such action is necessary because the passenger has failed to observe the instructions of the Carrier; or
(e) the passenger has failed to submit to or pass any required security check; or
(f) the passenger’s baggage has not been cleared by all appropriate baggage screening checks; or...
OBLIGATIONS OF THE CARRIER. 9.1 The Carrier is obliged to comply with all national and international applicable laws and regulations including but not limited to the AVC and the CMR.
