CONDITIONS OF CARRIAGE
LIABILITY OF CARRIER
1. The carrier of the goods described in the ball of lading is liable for any loss of or change to goods accepted by him or his agent, except as provided in these Conditions of Carriage.
LIABILITY OF ORIGINATING AND DELIVERY CARRIERS
2. Where a shipment is accepted for carriage by more than 1 carrier, the originating contracting carrier and the carrier who assumes responsibility for delivery to the consignee (thereafter called the delivering carrier), in addition to any other liability provided for under these Conditions of Carriage are liable jointly and severally for any loss of or damage to the goods while they are in the custody of any other carrier to whom the goods are or have been delivered and from which liability the other carrier is not relieved.
RECOVERY FROM CONNECTING CARRIER
3. The originating contracting carrier or the delivering carrier, as the case may be, is entitled to recover from any other carrier to whom the goods are or have been delivered the amount of loss or damage that the originating contracting carrier or delivering carrier, as the case may be, may be required to pay under these Condition of Carriage resulting from any loss of or damage to the goods while they were in the custody of that other carrier.
REMEDY BY CONSIGNOR OR CONSIGNEE
4. Nothing the section 2 or 3 of these Conditions of Carriage deprives a consignor or consignee of any rights he may have against any carrier.
EXECPTION FROM LIABILITY
5. The carrier shall not be liable for the following
(a)Loss, damage or delay to any of the goods described in the bill of landing caused by. (i) an act of God, (ii) the Queen’s or public enemies, (iii) riot, (iv) strikes, (v) a defect or inherent vice in the goods, (vi) an act or default of the consignor, owner of consignee, (vii) authority of law, or (vii) quarantine.
(b)except of damage, deterioration or loss caused by his, his agent’s employee’s negligence, (i) damage to fragile articles that are not packed and unpacked by the contracting carrier, his agent or employee, (ii) damage to the mechanical, electronic or other operation of radios, phonographs, clocks, appliances, musical instruments, and other equipment, irrespective of who packed those articles, unless servicing and preparation was performed by the contracting carrier, his agent or employee, (iii) deterioration of or damage to perishable food, plants or pets, or (iv) loss of contents of consignor-packed articles unless the containers used are opened for the carrier’s inspection and articles are listed on the bill or landing and receipted for by the carrier and the burden of proving absence of such negligence shall be on the carrier.
(c) damage to or loss of a complete set or until when only part of the set is damaged or lost, in which event the carrier shall only be liable for repair or recovery of the lost or damaged piece or pieces,
(d) damage to the goods at place or places of pick-up at which the consignor or his agent was not in attendance;
(e) damage to the goods at place or places of delivery at which the consignee or his agent was not in attendance and cannot give receipt for goods delivered.
(1) At the time of acceptance of the contract, the original contracting carrier shall provide the consignor, with a date or time period within which delivery is to be made.
(2) Failure by the carrier to effect delivery within the time specified on the face of the bill of landing shall render him liable for reasonable storage in transit, handling and redelivery charges incurred by the carrier.
ROUTING BY THE CARRIER
7. In case of physical necessity where the carrier forwards the goods by a conveyance that is not a public vehicle. the liability of the carrier is the same as though the entire carriage were by public vehicle.
STOPPAGE IN TRANSIT
8. Where goods are stopped or held in transit at the request of party entitled to so request, the goods are held at the risk of that party.
9. Subject to section 10 of these Conditions of Carriage, the amount of any loss or damage for which the carrier shall be liable, whether or not damage results from negligence of the carrier or its employees or agents, shall be computed on the basis of the value of the lost or damages article at the time and place of shipment.
(1) The amount of any loss or damage computed under section 9 of these Conditions of Carriage shall not be exceed the greater of
- The value declared by the shipper, and
- $4.41 per kilogram computed on the total weight of the shipment.
(2) Notwithstanding subsection (1) where the consignor releases the shipment to a value of $ 1.32 per kilogram per article or less in writing, the amount of any loss or damage computed under section 9 of these Conditions of Carriage shall not exceed that lower amount
(3) Where section 10 (1) applies, additional changes to cover the additional coverage over $1.32 per kilogram per article shall be paid by the consignee.
(1) Where it is agreed that the goods are carried at the risk of the consignor of the goods, that agreement covers only those risks as are necessarily incidental to transportation.
(2) The agreement referred to in subsection (1) shall not relieve the carrier from liability for any loss, damage or delay that may result from any negligent act or omission of the Carrier, his agents or and the burden of proving absence of negligence shall be on the carrier.