The rates charged by us are for conveyance only, and are exclusive of demurrage, disbursements or other charges. They are quoted upon the express condition that the person with whom any contract is made is either the owner or authorised agent of the owner of the goods intended to be carried and accepts both for himself and for all other parties interested in such goods the terms and conditions herein contained.
The goods are carried only at Owners’ and or Customers’ risk with the exception of loss arising from pilferage and theft of goods on board the vessel whilst in course of transit, liability for such loss or damage being limited at our option for £40.00 per package or unit or to £100.00 per ton. Save as aforesaid we will not be liable for any loss or damage to goods entrusted to us for transport or for any loss, damage or expense occasioned to the owners of the goods or to the Customers, howsoever, whensoever, or wheresoever such loss, damage or expense be occasioned, and whether or not such loss, damage or expense be occasioned by unseaworthiness of craft or by any negligence, wrongful act or default of our servants or agents, or other persons for whose acts we might otherwise be liable or be occasioned by any delay or failure in collecting, carrying or delivering the goods and although the vessel for any reason may have deviated or departed from the intended transit with the goods and although the goods may have been loaded in the vessel with other goods, provided always that the foregoing exemption excluding us from any liability arising from unseaworthiness of craft shall not apply unless we are able to establish that we have not knowingly or recklessly supplied an unseaworthy vessel for the service at the time of the commencement of the voyage.
We will not be liable to contribute in general average. We will not be responsible for any consequences arising from strikes, lock-outs, or other labour difficulties. We are to be at liberty to employ any vessel belonging to other owners or to sublet the whole or any portion of the contract and in either event the above terms and conditions shall apply to such employment or sub-letting and shall be deemed to have been agreed to between the goods Owner, or Customer and such other Owners or Sub-contractors.
The Company shall be entitled to hold goods, commercial vehicles, plant and machinery and un-accompanied vehicles until all the charges and costs due to the Company in respect of them are paid, and/or until all other amounts due to the Company from any Owner of the relevant goods, commercial vehicles and unaccompanied vehicles, in respect of any other matter whatsoever, are paid.
The Company shall be entitled further to sell such goods, commercial vehicles, plant & machinery and unaccompanied vehicles upon reasonable notice at such time and in such manner as the Company may decide, to satisfy any amounts owed to the Company by any Owners of the relevant goods, commercial vehicles, plant & machinery and unaccompanied vehicles, and the company may deduct from the proceeds of sale the costs and expenses of and incidental to such sale.
These conditions will be subject to the law of the Isle of Man.