Warranties, liability and indemnity. 9.1 The Customer (on behalf of itself, the Owner, and any Connected Parties) warrants to the Company that: (a) it is the owner of the Goods, or is the authorised agent of the owner of the Goods and is authorised to complete and sign documentation related to the Goods and the Services; (b) it has not granted any other person a Security Interest in respect of the Assets; (c) it enters into the Agreement on its own behalf, or in its capacity as the authorised agent of the owner of the Goods; (d) it and all Connected Parties have complied with all Laws relating to the Goods, including the nature, condition, packaging, handling, storage and carriage of the Goods; (e) in engaging the Services from the Company, it will not procure the Company to perform any act in breach of any Laws; (f) it and all Connected Parties will observe all Laws and requirements of Government Authorities; (g) all information and documentation provided by the Customer and Connected Parties to the Company is accurate and complete, and neither it nor a Connected Party has omitted to provide any requested or material information; (h) it will retain all documents or records in the manner required by the Government Authorities; (i) the Goods are packed to endure the ordinary risks of handling, storage and the Services, having regard to the nature of the Goods; (j) the Goods are not Dangerous Goods, unless the Company has agreed in writing to provide the Services in respect of those particular Dangerous Goods, and in which case, warrants that it has made full disclosure of Dangerous Goods and such Goods are distinctly marked; and (k) all Goods are adequately and accurately marked, labelled or branded.
Appears in 2 contracts
Samples: Terms and Conditions, Terms and Conditions
Warranties, liability and indemnity.
9.1 The Customer (on behalf of itself, the Owner, and any Connected Parties) warrants to the Company that:
(a) it is the owner of the Goods, or is the authorised agent of the owner of the Goods and is authorised to complete and sign documentation related to the Goods and the ServicesGoods;
(b) it has not granted any other person a Security Interest in respect of the Assets;
(c) it enters into the Agreement on its own behalf, or in its capacity as the authorised agent of the owner of the Goods;
(dc) it and all Connected Parties have complied with all Laws relating to the Goods, including the nature, condition, packaging, handling, storage and carriage of the Goods;
(ed) in engaging the Services from the Company, it will not procure the Company to perform any act in breach of any Laws;
(fe) it and all Connected Parties will observe all Laws and requirements of Government Authorities;
(gf) all information and documentation provided by the Customer and Connected Parties to the Company is accurate and complete, and neither it nor or a Connected Party has not omitted to provide any requested or material information;
(h) it will retain all documents or records in the manner required by the Government Authorities;
(ig) the Goods are packed to endure the ordinary risks of handling, storage and the Services, having regard to the nature of the Goods;; and
(jh) the Goods are not Dangerous Goods, unless the Company has agreed in writing to provide the Services in respect of those particular Dangerous Goods, and in which case, warrants that it has made full disclosure of Dangerous Goods.
9.2 To the extent permitted by Law, the Company excludes all liability in respect of any claim made against the Company, its employees, agents and Subcontractors, including without limitation, liability for fundamental breach of contract, or a negligent, unlawful, reckless or wilful act or omission.
9.3 The Company will not be liable for omitting to inspect or take any other action in respect of Goods where Goods have been damaged or pillaged, unless the Customer provides the Company with written instructions to take that action in relation to those Goods and such the Company accepts those instructions.
9.4 Where the liability of the Company is not excluded by the Agreement, Law or otherwise, the liability of the Company is limited to the lesser of Australian $100 or the value of the Goods are distinctly markedat the time the Goods were received by the Company.
9.5 The Company will not be in breach of any of its obligations to the Customer or liable for any Loss (including Consequential Loss) suffered by the Customer arising from or connected with the Company's compliance with any Law, including without limitation disclosing confidential information to a Government Authority.
9.6 Without limitation to any other clause of the Agreement, the Company will be discharged from all liability in connection with the performance of the Services or the Goods unless:
(a) notice of any claim is received by the Company within 7 days of the earlier of the delivery of Goods, the date the Goods should have been delivered, or where the claim does not relate to loss or damage to Goods, the event giving rise to the claim; and
(kb) suit is brought and written notice is received by the Company within 9 months of the earlier of the delivery of the Goods , the date the Goods should have been delivered, or where the claim does not relate to loss or damage to Goods, the event giving rise to the claim.
9.7 The Company will not be liable for any delay or failure to perform an obligation under the Agreement caused by an event beyond the control of the Company (Event).
9.8 If an Event causes a delay in the performance of a Company's obligation exceeding 10 days, the Company may terminate the provision of the Services by notice to the Customer.
9.9 The Customer indemnifies the Company from and against (and must pay on demand for) all Loss arising directly or indirectly from or in connection with the Goods or the performance of the Services (including Consequential Loss), including Loss in connection with a breach of contract, or a negligent, unlawful, reckless or wilful act or omission by the Company or its employees, agents and contractors.
9.10 Without limitation to clause 9.9 the Customer indemnifies the Company from and against (and must pay on demand for) any Loss arising from the Customer's or Owner's failure to return any container or transport equipment involved in the performance of the Services by the date required under any Contract between the Company and the supplier of that container or transport equipment.
9.11 The Customer indemnifies the Company from and against (and must pay on demand the amount of) all duty, GST, and any other fees and taxes incurred in connection with the Goods payable to a Government Authority.
9.12 The Customer indemnifies the Company from and against (and must pay on demand for) all costs payable to third parties in relation to the carriage, storage, treatment or entry of the Goods.
9.13 The indemnities in clauses 9.9, 9.10, 9.11 and 9.12 continue whether or not the Goods are adequately and accurately markedpillaged, labelled stolen, lost or brandeddestroyed.
Appears in 2 contracts
Samples: Terms and Conditions, Terms and Conditions
Warranties, liability and indemnity.
9.1 The Customer (on behalf of itself, the Owner, and any Connected Parties) warrants to the Company that:
(a) it is the owner of the Goods, or is the authorised agent of the owner of the Goods and is authorised to complete and sign documentation related to the Goods and the Services;
(b) it has not granted any other person a Security Interest in respect of the Assets;
(c) it enters into the Agreement on its own behalf, or in its capacity as the authorised agent of the owner of the Goods;
(dc) it and all Connected Parties have complied with all Laws relating to the Goods, including the nature, condition, packaging, handling, storage and carriage of the Goods;
(ed) in engaging the Services from the Company, it will not procure the Company to perform any act in breach of any Laws;
(fe) it and all Connected Parties will observe all Laws and requirements of Government Authorities;
(gf) all information and documentation provided by the Customer and Connected Parties to the Company is accurate and complete, and neither it nor a Connected Party has omitted to provide any requested or material information;
(h) it will retain all documents or records in the manner required by the Government Authorities;
(ig) the Goods are packed to endure the ordinary risks of handling, storage and the Services, having regard to the nature of the Goods;
(jh) the Goods are not Dangerous Goods, unless the Company has agreed in writing to provide the Services in respect of those particular Dangerous Goods, and in which case, warrants that it has made full disclosure of Dangerous Goods and such Goods are distinctly marked; and
(ki) all Goods are adequately and accurately marked, labelled or branded.
9.2 To the extent permitted by Law, the Company excludes all liability in respect of any claim made against the Company, its employees, agents and Subcontractors, including without limitation, liability for fundamental breach of contract, or a negligent, unlawful, reckless or wilful act or omission.
9.3 The Company excludes from this Agreement all conditions, warranties, terms and consumer guarantees implied by Laws, general law or custom except any the exclusion of which would contravene any Laws or cause this condition to be void (Non-Excludable Condition).
Appears in 1 contract
Samples: Terms and Conditions
Warranties, liability and indemnity.
9.1 The Customer (on behalf of itself, the Owner, and any Connected Parties) warrants to the Company that:
(a) it is the owner of the Goods, or is the authorised agent of the owner of the Goods and is authorised to complete and sign documentation related to the Goods and the Services;
(b) it has not granted any other person a Security Interest in respect of the Assets;
(c) it enters into the Agreement on its own behalf, or in its capacity as the authorised agent of the owner of the Goods;
(dc) it and all Connected Parties have complied with all Laws relating to the Goods, including the nature, condition, packaging, handling, storage and carriage of the Goods;
(ed) in engaging the Services from the Company, it will not procure the Company to perform any act in breach of any Laws;
(fe) it and all Connected Parties will observe all Laws and requirements of Government Authorities;
(gf) all information and documentation provided by the Customer and Connected Parties to the Company is accurate and complete, and neither it nor a Connected Party has omitted to provide any requested or material information;
(h) it will retain all documents or records in the manner required by the Government Authorities;
(ig) the Goods are packed to endure the ordinary risks of handling, storage and the Services, having regard to the nature of the Goods;
(jh) the Goods are not Dangerous Goods, unless the Company has agreed in writing to provide the Services in respect of those particular Dangerous Goods, and in which case, warrants that it has made full disclosure of Dangerous Goods and such Goods are distinctly marked; and
(ki) all Goods are adequately and accurately marked, labelled or branded.
9.2 To the extent permitted by Law, the Company excludes all liability in respect of any claim made against the Company, its employees, agents and Subcontractors, including without limitation, liability for fundamental breach of contract, or a negligent, unlawful, reckless or wilful act or omission.
9.3 The Company excludes from this Agreement all conditions, warranties, terms and consumer guarantees implied by Laws, general law or custom except any the exclusion of which would contravene any Laws or cause this condition to be void (Non-Excludable Condition).
9.4 The Company's liability for any breach of a Non-Excludable Condition is limited, at the Company's option, to supplying the Services again, or the cost of supplying the Services again.
9.5 The Company will not be liable for omitting to inspect or take any other action in respect of Goods where Goods have been damaged or pillaged, unless the Customer provides the Company with written instructions to take that action in relation to those Goods and the Company accepts those instructions.
9.6 Where the liability of the Company is not excluded by the Agreement, Law or otherwise, the liability of the Company is limited to the lesser of Australian $100 or the value of the Goods at the time the Goods were received by the Company.
9.7 The Company will not be in breach of any of its obligations to the Customer or liable for any Loss (including Consequential Loss) suffered by the Customer arising from or connected with the Company's compliance with any Law, including without limitation disclosing confidential information to a Government Authority.
9.8 Without limitation to any other clause of the Agreement, the Company will be discharged from all liability in connection with the performance of the Services or the Goods unless:
(a) notice of any claim is received by the Company within 7 days of the earlier of the delivery of Goods, the date the Goods should have been delivered, or where the claim does not relate to loss or damage to Goods, the event giving rise to the claim; and
(b) suit is brought and written notice is received by the Company within 9 months of the earlier of the delivery of the Goods, the date the Goods should have been delivered, or where the claim does not relate to loss or damage to Goods, the event giving rise to the claim.
9.9 The Company will not be liable for any delay or failure to perform an obligation under the Agreement caused by an event beyond the control of the Company (Event).
9.10 If an Event causes a delay in the performance of a Company's obligation exceeding 10 days, the Company may terminate the provision of the Services by notice to the Customer.
9.11 The Customer indemnifies the Company from and against (and must pay on demand for) all Loss arising directly or indirectly from or in connection with the Goods or the performance of the Services (including Consequential Loss), including Loss in connection with a breach of contract, or a negligent, unlawful, reckless or wilful act or omission by the Company or its employees, agents and contractors.
9.12 Without limitation to clause 9.11 the Customer indemnifies the Company from and against (and must pay on demand for) any Loss arising from
(a) the Customer's or Owner's failure to return any container or transport equipment involved in the performance of the Services by the date required under any Contract between the Company and the supplier of that container or transport equipment;
(b) any claim against the Company by a person who claims to have an interest in the Goods;
(c) breach of this Agreement, including any warranty provided by the Customer;
(d) any Loss, cost or liability incurred or suffered by the Company as a result of releasing or delivering the Goods to the Customer or at the direction of the Customer;
(e) any claim for general average and will provide any security requested by the Company for the release of any Goods that are the subject of a claim for general average.
9.13 The Customer indemnifies the Company from and against (and must pay on demand the amount of) all duty, GST, and any other fees and taxes incurred in connection with the Goods payable to a Government Authority.
9.14 The Customer indemnifies the Company from and against (and must pay on demand for) all costs payable to third parties in relation to the carriage, storage, treatment or entry of the Goods.
9.15 The indemnities in clauses 9.11, 9.12, 9.13 and 9.14 continue whether or not the Goods are pillaged, stolen, lost or destroyed.
9.16 The Company be liable for Consequential Loss suffered by the Customer, regardless of whether or not the Company had knowledge that such damage may be incurred.
Appears in 1 contract
Warranties, liability and indemnity.
9.1 The Customer (on behalf of itself, the Owner, and any Connected Parties) warrants to the Company that:
(a) it is the owner of the Goods, or is the authorised agent of the owner of the Goods and is authorised to complete and sign documentation related to the Goods and the Services;
(b) it has not granted any other person a Security Interest in respect of the Assets;
(c) it enters into the Agreement on its own behalf, or in its capacity as the authorised agent of the owner of the Goods;
(d) it and all Connected Parties have complied with all Laws relating to the Goods, including the nature, condition, packaging, handling, storage and carriage of the Goods;
(e) in engaging the Services from the Company, it will not procure the Company to perform any act in breach of any Laws;
(f) it and all Connected Parties will observe all Laws and requirements of Government Authorities;
(g) all information and documentation provided by the Customer and Connected Parties to the Company is accurate and complete, and neither it nor a Connected Party has omitted to provide any requested or material information;
(h) it will retain all documents or records in the manner required by the Government Authorities;
(i) the Goods are packed to endure the ordinary risks of handling, storage and the Services, having regard to the nature of the Goods;
(j) the Goods are not Dangerous Goods, unless the Company has agreed in writing to provide the Services in respect of those particular Dangerous Goods, and in which case, warrants that it has made full disclosure of Dangerous Goods and such Goods are distinctly marked; and
(k) all Goods are adequately and accurately marked, labelled or branded.
9.2 To the extent permitted by Law, the Company excludes all liability in respect of any claim made against the Company, its employees, agents and Subcontractors, including without limitation, liability for fundamental breach of contract, or a negligent, unlawful, reckless or wilful act or omission. The Company excludes from this Agreement all conditions, warranties, terms and consumer guarantees implied by Laws, general law or custom except any the exclusion of which would contravene any Laws or cause this condition to be void (Non-Excludable Condition).
9.3 The Company's liability for any breach of a Non-Excludable Condition is limited, at the Company's option, to supplying the Services again, or the cost of supplying the Services again.
9.4 The Company will not be liable for omitting to inspect or take any other action in respect of Goods where Goods have been damaged or pillaged, unless the Customer provides the Company with written instructions to take that action in relation to those Goods and the Company accepts those instructions.
9.5 Where the liability of the Company is not excluded by the Agreement, Law or otherwise, the liability of the Company is limited to the lesser of Australian $100 or the value of the Goods at the time the Goods were received by the Company.
9.6 The Company will not be in breach of any of its obligations to the Customer or liable for any Loss (including Consequential Loss) suffered by the Customer arising from or connected with the Company's compliance with any Law, including without limitation disclosing confidential information to a Government Authority.
9.7 Without limitation to any other clause of the Agreement, the Company will be discharged from all liability in connection with the performance of the Services or the Goods unless:
(a) notice of any claim is received by the Company within 7 days of the earlier of the delivery of Goods, the date the Goods should have been delivered, or where the claim does not relate to loss or damage to Goods, the event giving rise to the claim; and
(b) suit is brought and written notice is received by the Company within 9 months of the earlier of the delivery of the Goods, the date the Goods should have been delivered, or where the claim does not relate to loss or damage to Goods, the event giving rise to the claim.
9.8 The Company will not be liable for any delay or failure to perform an obligation under the Agreement caused by an event reasonably beyond the control of the Company (Event).
9.9 If an Event causes a delay in the performance of a Company's obligation exceeding 10 days, the Company may terminate the provision of the Services by notice to the Customer.
9.10 The Customer indemnifies the Company from and against (and must pay on demand for) all Loss arising directly or indirectly from or in connection with the Goods or the performance of the Services (including Consequential Loss), including Loss in connection with a breach of contract, or a negligent, unlawful, reckless or wilful act or omission by the Company or its employees, agents and contractors.
9.11 Without limitation to clause 9.10 the Customer indemnifies the Company from and against (and must pay on demand for) any Loss arising from:
(a) the Customer's or Owner's failure to return any container or transport equipment involved in the performance of the Services by the date required under any Contract between the Company and the supplier of that container or transport equipment;
(b) any claim against the Company by a person who claims to have an interest in the Goods; (c) breach of this Agreement, including any warranty provided by the Customer; and Page 8 (d) any claim for general average and will provide any security requested by the Company for the release of any Goods that are the subject of a claim for general average.
9.12 The Customer indemnifies the Company from and against (and must pay on demand the amount of) all duty, GST, and any other fees and taxes incurred in connection with the Goods payable to a Government Authority.
9.13 The Customer indemnifies the Company from and against (and must pay on demand for) all costs payable to third parties in relation to the carriage, storage, treatment or entry of the Goods.
9.14 The indemnities in clauses 9.10, 9.11, 9.12 and 9.13 continue whether or not the Goods are pillaged, stolen, lost or destroyed.
9.15 There is no need for the Company to suffer or incur any losses, costs, damages, liabilities, judgments, penalties or expenses before requiring payment from the Customer.
9.16 The Customer will pay any amounts claimed pursuant to the indemnity in clauses 9.10, 9.11, 9.12 and 9.13 within 7 days of demand by the Company.
Appears in 1 contract
Samples: Terms and Conditions Agreement
Warranties, liability and indemnity.
9.1 The Customer (on behalf of itself, the Owner, and any Connected Parties) warrants to the Company that:
(a) it is the owner of the Goods, or is the authorised agent of the owner of the Goods and is authorised to complete and sign documentation related to the Goods and the Services;
(b) it has not granted any other person a Security Interest in respect of the Assets;
(c) it enters into the Agreement on its own behalf, or in its capacity as the authorised agent of the owner of the Goods;
(dc) it and all Connected Parties have complied with all Laws relating to the Goods, including the nature, condition, packaging, handling, storage and carriage of the Goods;
(ed) in engaging the Services from the Company, it will not procure the Company to perform any act in breach of any Laws;
(fe) it and all Connected Parties will observe all Laws and requirements of Government Authorities;
(gf) all information and documentation provided by the Customer and Connected Parties to the Company is accurate and complete, and neither it nor a Connected Party has omitted to provide any requested or material information;
(h) it will retain all documents or records in the manner required by the Government Authorities;
(ig) the Goods are packed to endure the ordinary risks of handling, storage and the Services, having regard to the nature of the Goods;
(jh) the Goods are not Dangerous Goods, unless the Company has agreed in writing to provide the Services in respect of those particular Dangerous Goods, and in which case, warrants that it has made full disclosure of Dangerous Goods and such Goods are distinctly marked; and
(ki) all Goods are adequately and accurately marked, labelled or branded.
9.2 To the extent permitted by Law, the Company excludes all liability in respect of any claim made against the Company, its employees, agents and Subcontractors, including without limitation, liability for fundamental breach of contract, or a negligent, unlawful, reckless or wilful act or omission.
9.3 The Company excludes from this Agreement all conditions, warranties, terms and consumer guarantees implied by Laws, general law or custom except any the exclusion of which would contravene any Laws or cause this condition to be void (Non-Excludable Condition).
9.4 The Company's liability for any breach of a Non-Excludable Condition is limited, at the Company's option, to supplying the Services again, or the cost of supplying the Services again.
9.5 The Company will not be liable for omitting to inspect or take any other action in respect of Goods where Goods have been damaged or pillaged, unless the Customer provides the Company with written instructions to take that action in relation to those Goods and the Company accepts those instructions.
9.6 Where the liability of the Company is not excluded by the Agreement, Law or otherwise, the liability of the Company is limited to the lesser of Australian $100 or the value of the Goods at the time the Goods were received by the Company.
9.7 The Company will not be in breach of any of its obligations to the Customer or liable for any Loss (including Consequential Loss) suffered by the Customer arising from or connected with the Company's compliance with any Law, including without limitation disclosing confidential information to a Government Authority.
9.8 Without limitation to any other clause of the Agreement, the Company will be discharged from all liability in connection with the performance of the Services or the Goods unless:
(a) notice of any claim is received by the Company within 7 days of the earlier of the delivery of Goods, the date the Goods should have been delivered, or where the claim does not relate to loss or damage to Goods, the event giving rise to the claim; and
(b) suit is brought and written notice is received by the Company within 9 months of the earlier of the delivery of the Goods, the date the Goods should have been delivered, or where the claim does not relate to loss or damage to Goods, the event giving rise to the claim.
9.9 The Company will not be liable for any delay or failure to perform an obligation under the Agreement caused by an event beyond the control of the Company (Event).
9.10 If an Event causes a delay in the performance of a Company's obligation exceeding 10 days, the Company may terminate the provision of the Services by notice to the Customer.
9.11 The Customer indemnifies the Company from and against (and must pay on demand for) all Loss arising directly or indirectly from or in connection with the Goods or the performance of the Services (including Consequential Loss), including Loss in connection with a breach of contract, or a negligent, unlawful, reckless or wilful act or omission by the Company or its employees, agents and contractors.
Appears in 1 contract
Samples: Terms of Business
Warranties, liability and indemnity.
9.1 The Customer (on behalf of itself, the Owner, and any Connected Parties) warrants to the Company that:
(a) it is the owner of the Goods, or is the authorised agent of the owner of the Goods and is authorised to complete and sign documentation related to the Goods and the ServicesGoods;
(b) it has not granted any other person a Security Interest in respect of the Assets;
(c) it enters into the Agreement on its own behalf, or in its capacity as the authorised agent of the owner of the Goods;
(dc) it and all Connected Parties have complied with all Laws relating to the Goods, including the nature, condition, packaging, handling, storage and carriage of the Goods;
(ed) in engaging the Services from the Company, it will not procure the Company to perform any act in breach of any Laws;
(fe) it and all Connected Parties will observe all Laws and requirements of Government Authorities;
(gf) all information and documentation provided by the Customer and Connected Parties to the Company is accurate and complete, and neither it nor or a Connected Party has not omitted to provide any requested or material information;
(h) it will retain all documents or records in the manner required by the Government Authorities;
(ig) the Goods are packed to endure the ordinary risks of handling, storage and the Services, having regard to the nature of the Goods;; and
(jh) the Goods are not Dangerous Goods, unless the Company has agreed in writing to provide the Services in respect of those particular Dangerous Goods, and in which case, warrants that it has made full disclosure of Dangerous Goods.
9.2 To the extent permitted by Law, the Company excludes all liability in respect of any claim made against the Company, its employees, agents and Subcontractors, including without limitation, liability for fundamental breach of contract, or a negligent, unlawful, reckless or wilful act or omission.
9.3 The Company will not be liable for omitting to inspect or take any other action in respect of Goods where Goods have been damaged or pillaged, unless the Customer provides the Company with written instructions to take that action in relation to those Goods and such the Company accepts those instructions.
9.4 Where the liability of the Company is not excluded by the Agreement, Law or otherwise, the liability of the Company is limited to the lesser of Australian $100 or the value of the Goods are distinctly markedat the time the Goods were received by the Company.
9.5 The Company will not be in breach of any of its obligations to the Customer or liable for any Loss (including Consequential Loss) suffered by the Customer arising from or connected with the Company's compliance with any Law, including without limitation disclosing confidential information to a Government Authority.
9.6 Without limitation to any other clause of the Agreement, the Company will be discharged from all liability in connection with the performance of the Services or the Goods unless:
(a) notice of any claim is received by the Company within 7 days of the earlier of the delivery of Goods, the date the Goods should have been delivered, or where the claim does not relate to loss or damage to Goods, the event giving rise to the claim; and
(kb) suit is brought and written notice is received by the Company within 9 months of the earlier of the delivery of the Goods, the date the Goods should have been delivered, or where the claim does not relate to loss or damage to Goods, the event giving rise to the claim.
9.7 The Company will not be liable for any delay or failure to perform an obligation under the Agreement caused by an event beyond the control of the Company (Event).
9.8 If an Event causes a delay in the performance of a Company's obligation exceeding 10 days, the Company may terminate the provision of the Services by notice to the Customer.
9.9 The Customer indemnifies the Company from and against (and must pay on demand for) all Loss arising directly or indirectly from or in connection with the Goods or the performance of the Services (including Consequential Loss), including Loss in connection with a breach of contract, or a negligent, unlawful, reckless or wilful act or omission by the Company or its employees, agents and contractors.
9.10 Without limitation to clause 9.9 the Customer indemnifies the Company from and against (and must pay on demand for) any Loss arising from the Customer's or Owner's failure to return any container or transport equipment involved in the performance of the Services by the date required under any Contract between the Company and the supplier of that container or transport equipment.
9.11 The Customer indemnifies the Company from and against (and must pay on demand the amount of) all duty, GST, and any other fees and taxes incurred in connection with the Goods payable to a Government Authority.
9.12 The Customer indemnifies the Company from and against (and must pay on demand for) all costs payable to third parties in relation to the carriage, storage, treatment or entry of the Goods.
9.13 The indemnities in clauses 9.9, 9.10, 9.11 and 9.12 continue whether or not the Goods are adequately and accurately markedpillaged, labelled stolen, lost or brandeddestroyed.
Appears in 1 contract
Samples: Terms and Conditions
Warranties, liability and indemnity.
9.1 9.1. The Customer (on behalf of itself, the Owner, and any Connected Parties) warrants to the Company that:
(a) it is the owner of the Goods, or is the authorised agent of the owner of the Goods and is authorised to complete and sign documentation related to the Goods and the Services;
(b) it has not granted any other person a Security Interest in respect of the Assets;
(c) it enters into the Agreement on its own behalf, or in its capacity as the authorised agent of the owner of the Goods;
(dc) it and all Connected Parties have complied with all Laws relating to the Goods, including the nature, condition, packaging, handling, storage and carriage of the Goods;
(ed) in engaging the Services from the Company, it will not procure the Company to perform any act in breach of any Laws;
(fe) it and all Connected Parties will observe all Laws and requirements of Government Authorities;
(gf) all information and documentation provided by the Customer and Connected Parties to the Company or its Subcontractors is accurate and complete, and neither it nor a Connected Party has omitted to provide any requested or material information;
(h) it will retain all documents or records in the manner required by the Government Authorities;
(ig) the Goods are packed to endure the ordinary risks of handling, storage and the Services, having regard to the nature of the Goods;
(jh) the Goods are not Dangerous Goods, unless the Company has agreed in writing to provide the Services in respect of those particular Dangerous Goods, and in which case, warrants that it has made full disclosure of Dangerous Goods and such Goods are distinctly marked; and
(ki) all Goods are adequately and accurately marked, labelled or branded.
9.2. To the extent permitted by Law, the Company excludes all liability in respect of any claim made against the Company, its employees, agents and Subcontractors, including without limitation, liability for fundamental breach of contract, or a negligent, unlawful, reckless or wilful act or omission.
9.3. The Company excludes from this Agreement all conditions, warranties, terms and consumer guarantees implied by Laws, general law or custom except any the exclusion of which would contravene any Laws or cause this condition to be void (Non- Excludable Condition).
9.4. The Company’s liability for any breach of a Non- Excludable Condition is limited, at the Company’s option, to supplying the Services again, or the cost of supplying the Services again.
9.5. The Company will not be liable for omitting to inspect or take any other action in respect of Goods where Goods have been damaged or pillaged, unless the Customer provides the Company with written instructions to take that action in relation to those Goods and the Company accepts those instructions.
9.6. Where the liability of the Company is not excluded by the Agreement, Law or otherwise, the liability of the Company is limited to the lesser of Australian $100 or the value of the Goods at the time the Goods were received by the Company.
9.7. The Company will not be in breach of any of its obligations to the Customer or liable for any Loss (including Consequential Loss) suffered by the Customer arising from or connected with the Company’s compliance with any Law, including without limitation disclosing confidential information to a Government Authority.
9.8. Without limitation to any other clause of the Agreement, the Company will be discharged from all liability in connection with the performance of the Services or the Goods unless:
(a) notice of any claim is received by the Company within 7 days of the earlier of the delivery of Goods, the date the Goods should have been delivered, or where the claim does not relate to loss or damage to Goods, the event giving rise to the claim; and
(b) suit is brought and written notice is received by the Company within 9 months of the earlier of the delivery of the Goods, the date the Goods should have been delivered, or where the claim does not relate to loss or damage to Goods, the event giving rise to the claim.
9.9. The Company will not be liable for any delay or failure to perform an obligation under the Agreement caused by an event beyond the reasonable control of the Company (Event).
9.10. If an Event causes a delay in the performance of a Company’s obligation exceeding 10 days, the Company may terminate the provision of the Services by notice to the Customer.
9.11. The Customer indemnifies the Company from and against (and must pay on demand for) all Loss arising directly or indirectly from or in connection with the Goods or the performance of the Services (including Consequential Loss), including Loss in connection with a breach of contract, or a negligent, unlawful, reckless or wilful act or omission by the Company or its employees, agents and contractors.
9.12. Without limitation to clause 9.11 the Customer indemnifies the Company from and against (and must pay on demand for) any Loss arising from
(a) the Customer’s or Owner’s failure to return any container or transport equipment involved in the performance of the Services by the date required under any Contract between the Company and the supplier of that container or transport equipment;
(b) any claim against the Company by a person who claims to have an interest in the Goods;
(c) breach of this Agreement, including any warranty provided by the Customer; and
(d) any claim for general average and will provide any security requested by the Company for the release of any Goods that are the subject of a claim for general average.
9.13. The Customer indemnifies the Company from and against (and must pay on demand the amount of) all duty, GST, and any other fees and taxes incurred in connection with the Goods payable to a Government Authority.
9.14. The Customer indemnifies the Company from and against (and must pay on demand for) all costs payable to third parties in relation to the carriage, storage, treatment or entry of the Goods.
9.15. The indemnities in clauses 9.11, 9.12, 9.13 and 9.14 continue whether or not the Goods are pillaged, stolen, lost or destroyed.
Appears in 1 contract
Samples: Terms and Conditions
Warranties, liability and indemnity.
9.1 The Customer (on behalf of itself, the Owner, and any Connected Parties) warrants to the Company that:
(a) it is the owner of the Goods, or is the authorised agent of the owner of the Goods and is authorised to complete and sign documentation related to the Goods and the Services;
(b) it has not granted any other person a Security Interest in respect of the Assets;
(c) it enters into the Agreement on its own behalf, or in its capacity as the authorised agent of the owner of the Goods;
(dc) it and all Connected Parties have complied with all Laws relating to the Goods, including the nature, condition, packaging, handling, storage and carriage of the Goods;
(ed) in engaging the Services from the Company, it will not procure the Company to perform any act in breach of any Laws;
(fe) it and all Connected Parties will observe all Laws and requirements of Government Authorities;
(gf) all information and documentation provided by the Customer and Connected Parties to the Company is accurate and complete, and neither it nor a Connected Party has omitted to provide any requested or material information;
(h) it will retain all documents or records in the manner required by the Government Authorities;
(ig) the Goods are packed to endure the ordinary risks of handling, storage and the Services, having regard to the nature of the Goods;
(jh) the Goods are not Dangerous Goods, unless the Company has agreed in writing to provide the Services in respect of those particular Dangerous Goods, and in which case, warrants that it has made full disclosure of Dangerous Goods and such Goods are distinctly marked; and
(ki) all Goods are adequately and accurately marked, labelled or branded.
9.2 To the extent permitted by Law, the Company excludes all liability in respect of any claim made against the Company, its employees, agents and Subcontractors, including without limitation, liability for fundamental breach of contract, or a negligent, unlawful, reckless or wilful act or omission.
9.3 The Company excludes from this Agreement all conditions, warranties, terms and consumer guarantees implied by Laws, general law or custom except any the exclusion of which would contravene any Laws or cause this condition to be void (Non-Excludable Condition).
9.4 The Company's liability for any breach of a Non-Excludable Condition is limited, at the Company's option, to supplying the Services again, or the cost of supplying the Services again.
9.5 The Company will not be liable for omitting to inspect or take any other action in respect of Goods where Goods have been damaged or pillaged, unless the Customer provides the Company with written instructions to take that action in relation to those Goods and the Company accepts those instructions.
9.6 Where the liability of the Company is not excluded by the Agreement, Law or otherwise, the liability of the Company is limited to the lesser of Australian $100 or the value of the Goods at the time the Goods were received by the Company.
9.7 The Company will not be in breach of any of its obligations to the Customer or liable for any Loss (including Consequential Loss) suffered by the Customer arising from or connected with the Company's compliance with any Law, including without limitation disclosing confidential information to a Government Authority.
9.8 Without limitation to any other clause of the Agreement, the Company will be discharged from all liability in connection with the performance of the Services or the Goods unless:
(a) notice of any claim is received by the Company within 7 days of the earlier of the delivery of Goods, the date the Goods should have been delivered, or where the claim does not relate to loss or damage to Goods, the event giving rise to the claim; and
(b) suit is brought and written notice is received by the Company within 9 months of the earlier of the delivery of the Goods, the date the Goods should have been delivered, or where the claim does not relate to loss or damage to Goods, the event giving rise to the claim.
9.9 The Company will not be liable for any delay or failure to perform an obligation under the Agreement caused by an event beyond the control of the Company (Event).
9.10 If an Event causes a delay in the performance of a Company's obligation exceeding 10 days, the Company may terminate the provision of the Services by notice to the Customer.
9.11 The Customer indemnifies the Company from and against (and must pay on demand for) all Loss arising directly or indirectly from or in connection with the Goods or the performance of the Services (including Consequential Loss), including Loss in connection with a breach of contract, or a negligent, unlawful, reckless or wilful act or omission by the Company or its employees, agents and contractors.
9.12 Without limitation to clause 9.11 the Customer indemnifies the Company from and against (and must pay on demand for) any Loss arising from
(a) the Customer's or Owner's failure to return any container or transport equipment involved in the performance of the Services by the date required under any Contract between the Company and the supplier of that container or transport equipment;
(b) any claim against the Company by a person who claims to have an interest in the Goods;
(c) breach of this Agreement, including any warranty provided by the Customer;
(d) any Loss, cost or liability incurred or suffered by the Company as a result of releasing or delivering the Goods to the Customer or at the direction of the Customer;
(e) any claim for general average and will provide any security requested by the Company for the release of any Goods that are the subject of a claim for general average.
9.13 The Customer indemnifies the Company from and against (and must pay on demand the amount of) all duty, GST, and any other fees and taxes incurred in connection with the Goods payable to a Government Authority.
9.14 The Customer indemnifies the Company from and against (and must pay on demand for) all costs payable to third parties in relation to the carriage, storage, treatment or entry of the Goods.
9.15 The indemnities in clauses 9.11, 9.12, 9.13 and 9.14 continue whether or not the Goods are pillaged, stolen, lost or destroyed.
9.16 The Company is not liable for Consequential Loss suffered by the Customer, regardless of whether or not the Company had knowledge that such damage may be incurred.
Appears in 1 contract
Samples: Terms and Conditions
Warranties, liability and indemnity.
9.1 The Customer (on behalf of itself, the Owner, and any Connected Parties) warrants to the Company that:
(a) it is the owner of the Goods, or is the authorised agent of the owner of the Goods and is authorised to complete and sign documentation related to the Goods and the ServicestheGoods;
(b) it has not granted any other person a Security Interest in respect of the Assets;
(c) it enters into the Agreement on its own behalf, or in its capacity as the authorised agent of the owner of the Goods;
(dc) it and all Connected Parties have complied with all Laws relating to the Goods, including the nature, condition, packaging, handling, storage and carriage of the Goods;
(ed) in engaging the Services from the Company, it will not procure the Company to perform any act in breach of any Laws;
(fe) it and all Connected Parties will observe all Laws and requirements of Government Authorities;
(gf) all information and documentation provided by the Customer and Connected Parties to the Company is accurate and complete, and neither it nor or a Connected Party has not omitted to provide any requested or material information;
(h) it will retain all documents or records in the manner required by the Government Authorities;
(ig) the Goods are packed to endure the ordinary risks of handling, storage and the Services, having regard to the nature of the Goods;; and
(jh) the Goods are not Dangerous Goods, unless the Company has agreed in writing to provide the Services in respect of those particular Dangerous Goods, and in which case, warrants that it has made full disclosure of Dangerous Goods.
9.2 To the extent permitted by Law, the Company excludes all liability in respect of any claim made against the Company, its employees, agents and Subcontractors, including without limitation, liability for fundamental breach of contract, or a negligent, unlawful, reckless or wilful act or omission.
9.3 The Company will not be liable for omitting to inspect or take any other action in respect of Goods where Goods have been damaged or pillaged, unless the Customer provides the Company with written instructions to take that action in relation to those Goods and such the Company accepts those instructions.
9.4 Where the liability of the Company is not excluded by the Agreement, Law or otherwise, the liability of the Company is limited to the lesser of Australian $100 or the value of the Goods are distinctly markedat the time the Goods were received by the Company.
9.5 The Company will not be in breach of any of its obligations to the Customer or liable for any Loss (including Consequential Loss) suffered by the Customer arising from or connected with the Company's compliance with any Law, including without limitation disclosing confidential information to a Government Authority.
9.6 Without limitation to any other clause of the Agreement, the Company will be discharged from all liability in connection with the performance of the Services or the Goods unless:
(a) notice of any claim is received by the Company within 7 days of the earlier of the delivery of Goods, the date the Goods should have been delivered, or where the claim does not relate to loss or damage to Goods, the event giving rise to the claim; and
(kb) suit is brought and written notice is received by the Company within 9 months of the earlier of the delivery of the Goods, the date the Goods should have been delivered, or where the claim does not relate to loss or damage to Goods, the event giving rise to the claim.
9.7 The Company will not be liable for any delay or failure to perform an obligation under the Agreement caused by an event beyond the control of the Company (Event).
9.8 If an Event causes a delay in the performance of a Company's obligation exceeding 10 days, the Company may terminate the provision of the Services by notice to the Customer.
9.9 The Customer indemnifies the Company from and against (and must pay on demand for) all Loss arising directly or indirectly from or in connection with the Goods or the performance of the Services (including Consequential Loss), including Loss in connection with a breach of contract, or a negligent, unlawful, reckless or wilful act or omission by the Company or its employees, agents and contractors.
9.10 Without limitation to clause 9.9 the Customer indemnifies the Company from and against (and must pay on demand for) any Loss arising from the Customer's or Owner's failure to return any container or transport equipment involved in the performance of the Services by the date required under any Contract between the Company and the supplier of that container or transport equipment.
9.11 The Customer indemnifies the Company from and against (and must pay on demand the amount of) all duty, GST, and any other fees and taxes incurred in connection with the Goods payable to a Government Authority.
9.12 The Customer indemnifies the Company from and against (and must pay on demand for) all costs payable to third parties in relation to the carriage, storage, treatment or entry of the Goods.
9.13 The indemnities in clauses 9.9, 9.10, 9.11 and 9.12 continue whether or not the Goods are adequately and accurately markedpillaged, labelled stolen, lost or brandeddestroyed.
Appears in 1 contract
Samples: Terms and Conditions
