Dangerous Goods

Whelson is not obliged to contract for the carrying of dangerous goods on behalf of the customer:

  • 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; and
    • Prior to loading, give Whelson special detailed instructions to enable Whelson to place such goods for the proper safety and handling; and
    • 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;
  • The customer:
    • 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.