SHIPPER-PACKED CONTAINERS Bill of Lading Clauses iss-shipping
 

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If a Container has not been packed by or on behalf of the Carrier,

(1) The Carrier shall not be liable for loss, damage or delay to the Goods caused by matters beyond his control, including inter alia, without prejudice to the generality of this exclusion,

(a) the manner in which the Container has been packed, or (b) the unsuitability of the Goods for Carriage in the Container supplied, or (c) the unsuitability or defective condition of the Container or the incorrect setting of any temperature controls thereof: provided that, if the Container has been supplied by or on behalf of the Carrier, this unsuitability, defective condition or incorrect setting could have been apparent upon inspection by the Merchant at or prior to the time when the Container was packed, or (d) packing temperature controlled Goods that are not at the correct temperature for Carriage.

(2) The Shipper is responsible for the packing and sealing of all Shipper-Packed Containers and, if a Shipper-Packed Container is delivered by the Carrier with its original seal as affixed by the Shipper intact, the Carrier shall not be liable for any shor***e of Goods ascertained at delivery If, nevertheless, a claim for shor***e is made against the Carrier by any Person whomsoever, the Merchant agrees to indemnify the Carrier against the cost of any such claims plus any costs incurred in respect thereof.

(3) The Merchant shall indemnify the Carrier against any loss, damage, liability or expense whatsoever and howsoever arising caused by one or more of the matters referred to in Clause 8 (I), save that, if the loss, damage, liability or expense was caused by a matter referred to in Clause 8 (1) (c), the Merchant shall not be liable to indemnify the Carrier in respect thereof unless the proviso referred to in that Clause applies.