Liability.

14.1. NCSP shall be exempt from all liability whatsoever for deficiency, loss, dam­age, or misdelivery of or to goods or to a vessel however or whenever caused except upon proof by the customer that the deficiency, loss, damage or misdeliv­ery was caused by the negligent or unlawful acts or omissions of NCSP or it's directly employed servants.

14.2. NCSP shall be under no liability whatsoever (whether for negligence or oth­erwise) for loss or misdelivery of or damage to a ship or the goods or any defi­ciency therein if the same arises out of or is caused by any of the following:

a) Act of God, storm, tempest or flood

b) fire, explosion, smoke

c) strikes or other industrial actions

d) war, revolution, riot, or civil commotion

e) improper or insufficient packaging of goods

f) improper, insufficient, indistinct or erroneous marking or addressing of cargoes

g) vermin, insect attack, rot or corrosion

h) heat or cold

i) any act deliberately or otherwise occasioned by third parties present on the port

area with or without permission or NCSP j) any act of NCSP, its servants or agents reasonably necessary for the safety or

preservation of persons, the port area, a vessel and/or any goods thereat or

thereon

k) shortage of berthing space, labor, plant deficiency, fuel or power 1) the total or partial failure of any electronic services or systems offered at any time by NCSP including the total or partial failure of any communication links with those services or systems

14.3. In case NCSP is liable for indemnification of damages to CABGOES

maximum amounts payable are the value of cargo to which the claim relates, however not in excess of:

• $200 per parcel or unit

• $2000 per total damage/incident

VESSEL

maximum amounts payable are:

• the value of that part of vessel to which the claim relates at Же time of the damage or loss

• the cost of repairs (as agreed between surveyors appointed by NCSP and the

Owner) However maximum amount payable in no case be more than $ 500 000

EQUIPMENT

maximum amounts payable are the cost of repairs (as agreed between sun/eyors appointed by NCSP and the owner) or the value of equipment to which the claim relates, however not in excess of $ 200 per unit.

14.4. Responsibility of parties (vessel, NCSP, charterer, cargo owner) regarding the observance of dates and conditions of loading/discharging including the rate of dispatch/demurrage is established by contracts (agreements).

14.5. NCSP is liable to shipowner for any damage to a vessel that occurred through

NCSP's fault only when the damage is confirmed by a report prepared together with a representative of NCSP within the shift when it took place.

Дата добавления: 2015-07-20