Whelson shall be under no obligation whatsoever to insure the goods.
Whelson has the facility to offer comprehensive goods in transit insurance,
including hijacking cover. Unless stated to the contrary in writing, quoted rates
exclude insurance and goods are carried at the customer’s risk. Should the customer
require Whelson to insure goods carried, Whelson requires a letter from the customer
stating the following:
That the goods carry no form of insurance.
That the customer requires insurance from Whelson.
The value to which the load must be insured (cost price).
The estimate loads per month.
The commodity being carried.
The letter must be as detailed as possible, showing all variances of the load. The
additional cost per load for insurance will be supplied on presentation of the said
letter and shall be for the customer’s account. In the absence of this letter,
Whelson is deemed not to have taken out insurance for and on the customer’s behalf
and the customer is accordingly deemed to carry its own insurance.
It shall not be obligatory upon Whelson to effect insurance on any goods being
handled or stored upon express instructions given in writing by the customer, and
all insurance effected by Whelson is subject to the usual exceptions and conditions
of the policies of the insurance company or underwriter taking the risk. Whelson
shall not be under any obligation to effect a separate insurance on each
consignment, but may declare each on an open or general policy. Should the insurers
dispute their liability for any reason, the insured shall have recourse against the
insurers only and Whelson shall not be under any responsibility or liability in
relation thereto, notwithstanding that the premium upon the policy may not be at the
same rate as that charged by Whelson or paid to Whelson by the customer.
In all cases where there is a choice of tariff rates of premium offered by carriers,
warehousemen, underwriters or others, depending upon the value declared or the
extent of the liability assumed by the carrier, warehousemen, underwriter or other
person, it shall be in the entire discretion of Whelson as to what declaration, if
any, should be made and what liability, if any, should be imposed on the carrier,
warehousemen, underwriter or other person, unless express instructions in writing
are timeously given by the customer.