24. Dangerous goods

1) Goods of dangerous or marine polluting or damaging nature including radioactive material must not be tendered for shipment unless Dangerous Goods Declaration (DG declaration) and Transport Emergency Instructions and, if applicable, Container/Trailer/Vehicle Packing Certificate in writing and in accordance with the International Maritime Dangerous Goods Code (IMDG Code) and with the supplements on Emergency Procedures for Ships Carrying Dangerous Goods (EmS) and Medical First Aid Guide for Use in Accidents Involving Dangerous Goods (MFAG) and/or in accordance with any applicable national statutes or regulations in force at the time of shipment have been given to the Carrier or to the Agent of the Carrier and a prior consent of the shipment has been obtained.
Each Article of Transport and packaging containing Dangerous and/or Marine polluting Goods is to be marked in accordance with the IMDG Code and identified with the distinctive label or stencil of the label on the outside of the Article of Transport and packages as by applicable statutes or regulations.
If an EmS No. or MFAG table No. is not available in the General Index of the IMDG Code or this refers to sub-sections 4.2, 4.3 or Z3 of the MFAG, written transport emergency instruction in English as may be required by the applicable national statutes and/or regulations and by the Carrier shall be enclosed to the DG Declaration by the Shipper.
The Merchant to certify either on the shipping papers or in a separate declaration, that the goods which he offers for shipment have been properly packed, marked, labeled and are in proper condition for carriage.
2) Dangerous Goods must be removed from the port of discharge as soon as is practicable unless specific permission has been obtained for the goods to remain in the port.
3) Dangerous Goods which have not been declared to, or have been declared incorrectly to the Carrier and Dangerous Goods which subsequently become a risk to the method of transport, other cargoes or the environment may be discharged, destroyed or rendered harmless and to be disposed of by the Carrier. Such undertaking shall be at the Merchant’s risk and expense, except when General Average is declared.
4) The Merchant shall be liable for any damage, loss and expense, howsoever caused, if the foregoing provisions, as applicable, are not complied with.