VIFFAS's Standard trading conditions - Page 3

B. Company as Principal :

30. To the extent that the company contracts as Principal for the performance of the customer's instructions, the company undertakes to perform or in its own name to procure the performance of the customer' s instructions and subject to the provisions of TSTC shall be liable for the loss of or damage to the goods occurring from the time that the goods are taken into its charge until the time of delivery.

31. Notwithstanding other provisions in TSTC, if it is proven that the loss of or damage to the goods occurred, the company's liability shall be determined by the provisions contained in any International Convention or N ationa1 Law, the provisions of which:

a. Cannot be depart from by private contract, to the detriment of the claimant, and .
b. Would have been appIied if the claimant had made a separate and direct contract with the actua1 provider of the particular service in respect of that service or stage of the carriage where the loss or damage occurred and received as evidence thereof any particular document which must be issued if such Internationa1 Convention or N ational Law shall be applied.

32. Notwithstanding other provisions provided in TSTC if it can be proved that the loss of or damage to the goods occurred at sea or inland waterway, the company' s liability shall be limited to those set out in the MaritiIf1e Code of Vietnam and the company shall be
entitled to rely on a11 defenses, exemptions or limitations provided to the carriers by the above code. Reference in the above code to carriage by sea shall be deemed to include reference to carriage of .inland waterways and the code shall be construed accordingly.