9. Articles of Transport
1) Goods may be stowed by the Carrier or his agents or servants in Articles of Transport. Articles of Transport whether stowed as aforesaid or received in a stowed condition from the shippers may be carried on or under deck without notice to the shippers, and if they are so carried the Hague Rules incorporated herein shall be applicable notwithstanding carriage on or under deck and the Articles of Transport shall contribute in General Average whether carried on or under deck.
2) If the goods are packed and stowed in Articles of Transport by or on behalf of the Shipper and not by or not on behalf of the Carrier:
(a) The Carrier shall be under no liability in the event of loss of or damage to any of the Goods directly or indirectly caused by the manner in which the contents have been packed and/or stowed inside the Article of Transport or by the unsuitability of the contents for carriage or by the unsuitability or defective condition of the Article of Transport.
(b) The Merchant hereby agrees to indemnify the Carrier against any loss which the Carrier may suffer, or liability to any person which the Carrier may incur, on account of personal injury or loss of or damage to any property due to the manner in which the contents have been packed and/or stowed inside the Article of Transport or due to the unsuitability or defective condition of the Article of Transport.
(c) The Merchant further agrees to indemnify the Carrier against any additional expenses, fines, duties and taxes which the Carrier may incur by reason of errors or omissions in the marks, numbers or descriptions of the Article of Transport or its contents.
(d) If Articles of Transport, owned or leased by the Carrier, are unpacked at the Merchant’s premises, the Merchant is responsible for resuming the empty Articles of Transport with interior brushed and cleaned to the point or place designated by the Carrier within the prescribed time. Should an Article of Transport not be resumed within the prescribed time, the Merchant shall be liable for any demurrage, loss or expenses, which may arise from such non-return.
|