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Today: Jan 16, 2019

 

C. Air carriage :

If the company acts as a principal in respect of a carriage of goods by air, the company' s liability shall be determined by the provisions contained in the Law on Civil Aviatiori of Vietnam.


VI. GENERAL LIABILITY AND LIMITATION OF LIABILITY:

33. Except insofar as otherwise provided by TSTC, the company shall not be liab1e for any loss or damage whatsoever arising from :

  1. The act or omission of the customer or owner or any person acting on their behalf.
  2. Compliance with the instructions given to the company by the customer, owner or any other person entitled to give them.
  3. Insufficiency of the packing or labeling of the goods except where such service has been provided of the company.
  4. Handling, loading, stowage or unloading of the goods by the customer or owner or any other person acting on their behalf.
  5. Inherent vice of goods
  6. Riots, civil commotions, strikes, lockouts, stoppage or restraint of labor from whatsoever cause, or
  7. Any cause with the company could not avoid and the consequences whereof if could not prevent by the exercise of reasonable diligence.

34. Notwithstanding other provisions provided in TSTC, the company shall not be liable for loss and damage howsoever caused to the property other than the goods themselves, indirect or consequentia11oss or damage, loss of profit, delay or deviation.

35. Except insofar as otherwise provided by TSTC. the liability of the company, in any event for any neglect or default or any other matter or thing whatsoever or howsoever arising, and notwithstanding that

a. In respect of a11 claims other than those subject to the provisions of sub clause (b) below, whenever is the least of

(i) the value of, or

(ii) US dollar per gross kilogram of, or

(iii) not exceeding US dollar...  in any event whatever in respect of any one claim

The goods lost, damaged, misdirected, misdirected or in respect of which a claim arises

b. In respect of claims for delay where not excluded by the provisions of TSTC, the amount of the company' s charges for the services in respect of the goods delayed.

36. a. Compensation sha1l be ca1culated by reference to the invoice value of the goods plus freight and insurance if paid.

b. If there be no invoice va1ue for the goods, the compensation shall be calculated by reference to the value of such goods at the place and time when they are delivered to the customer or owner or their assigns or such persons as instructed by the customer or shou1d have been so delivered. The va1ue of the goods sha1l be fixed according to the current market va1ue, or, if there be. no commodity exchange price or current market va1ue, by reference to the normal va1ue of goods of the same kind and quality.

.37. By special agreement in writing and on payment of additiona1 charges, higher compensation may be claimed from the company not exceeding the va1ue of the goods or the agreed va1ue, whichever is lesser .

38. a. .The company sha1l be discharged of any liability whatsoever unless :

(i) notice of any claim is received by the company or its agent within 14 days (Sundays, holidays excluded) after the date specified (b) below.
(ii) suit is brought in the proper forum and written notice thereof received by the company within 9 months after the date specified in (b) below

(i) In the case of damage to goods,' the date of delivery of the goods, and in the case of loss of the goods, the date of the goods shou1d have been delivered.

(ii) In the case of delay or non-delivery of the goods, the date that the goods shou1d have been delivered.

(iii) In any other case, the event giving rise to the claim.


VII - RIGHT OF LIEN AND DETENTION :

39. The company sha1l have a genera1lien on a1l goods and documents relating to goods in its possession, custody or control for a1l sums due at any time from the customer or owner, and shall be entit1ed to se1l or dispose of such goods or documents as agent for and at the expenses of the customer and apply the proceeds in or towards the payment of such sum on 45 days notice in writing to the customer, upon according to the customer for any ba1ance remaining after payment of any sum due to the company and the cost of sa1e or disposa1 the company shall be discharged of any liability in respect of the goods or documents.

40. When the goods are labeled to perish or deteriorate, the company' s right to sell or dispose of the goods shall arise immediately upon any sum becoming due to the company subject only to the company taking reasonable steps to bring to the customer' s attention its intention of selling or disposing of the goods before so doing.

41. The company shall be entitled to retain and repaid all brokerages commissions allowances and other remunerations customarily retained by of paid to Freight Forwarders.


VIII- CLAIM AND ARBITRATION:

42. Claims against the company shall be time barred within 6 months except where and when the company acts as sea or in1and waterway carrier and in his own name issues a Bi1l of Lading of which the time bar wi1l be determined by the provisions therein. The six month period shall start to run from the day of delivery of the goods to the consignee named in the contract or, if no delivery was taken place, from 1he day of the conclusion of the contract.

43. In case of depute, the disputing parties shall in first instance endeavor to sett1e it by amicable way, however should such effort fail to achieve us objects, the parties thereto agree to submit the case to a board of arbitrators to be appointed one by each. In case
arbitrators by so chosen shall not agree then the decision of and empire to .be appointed by them shall be fina1 binding upon both parties.


IX -JURISDICTION AND LAW:

44. TSTC and any act or contract to which they apply shall be governed by the Laws of the Socialist Republic of Vietnam.