Whelson is not obliged to contract for the carrying of dangerous goods on behalf of the
In the event of Whelson agreeing in writing to transport the dangerous goods or to
sub-contract the transport of the dangerous goods, the customer shall:
Disclose fully the nature and properties of such goods to Whelson
Prior to loading, give Whelson special detailed instructions to enable
Whelson to place such goods for the proper safety and handling
Comply with all regulations governing the loading, off-loading, storing and
carriage of such goods.
In the event of the customer failing to disclose the dangerous nature of any goods,
or in the event of any goods becoming a danger to persons or property, whether the
dangerous nature thereof has been disclosed or not, Whelson shall be entitled
immediately, and without prior notice to the customer, to discharge or dispose of
any such goods in any manner, and Whelson shall not be liable for any loss or damage
arising from such discharge or disposal whatsoever. Whelson shall furthermore be
entitled to recover from the customer the freight in respect of any such carriage,
notwithstanding the non-delivery of such goods together with any expenses incurred
in discharging or disposing thereof
Shall be liable for all loss and/or damages suffered by Whelson or any other
person/s howsoever caused by the dangerous goods whether the dangerous
nature thereof has been disclosed or not
Hereby indemnifies Whelson against all liability and all claims by any
person/s whomsoever arising from such loss and/or damage
Except under special arrangements previously made in writing, Whelson shall not
accept or deal with any dangerous goods. Any persons delivering such goods to
Whelson or causing Whelson to handle or deal with any such goods, except under
special arrangements previously made in writing, shall be liable for all loss or
damage caused thereby and shall be deemed to have indemnified Whelson against all
penalties, claims, damages, costs and expenses arising in connection therewith and
the goods may be destroyed or otherwise dealt with at the sole discretion of Whelson
or any other person in whose custody the goods may be at the relevant time. If such
goods are accepted under special arrangements previously made in writing, they may
nevertheless be so destroyed or otherwise dealt with if, in the sole discretion of
Whelson, they become dangerous to other goods or property or to any person.
The customer accepts responsibility for all damage or loss and hereby indemnifies
Whelson against all claims arising out of the presence of any dangerous goods.
Whelson does not accept any responsibility for demurrage charges howsoever incurred
or any other charges of any nature whatsoever.
Whelson shall not in any circumstances be liable for damages arising from loss of
goods, or damages attributable to delay during forwarding or transit, or for failure
(not amounting to wilful default) to carry out the instructions given to it.