By the conditions set out below LANGKAWI RO-RO FERRY SERVICES SDN BHD, and its servants and agents are not liable all fo certain loses and damage injury and they are to be liable the amount stated . Customers are therefore advised to seek their own insurance cover any agrees in which liability and fault are not clearly accepted by langkawi ro-ro.
In these conditions The Company Means the LANGKAWI RO-RO FERRY SERVICES SDN BHD and \"injury\" in relation to live stock includes total injury
- The company enter into the contact of carriage for and on behalf of themselves and their respective servants and agents all of whom shall have the benefit of the contract and shall be under no liability to the sender, owner . consignees or anyone clearing through them in respect of the good Sr live stock greater than or in addition to that of the company under contract .
- All and any business under taken by the Company is corned out subject to the conditions hereinafter set out, each of which shall be deemed to be incorporated in and to be condition of any agreement, whether written oral or implied between the company and customer.
- The Company shall not be bound by any agreement purporting to vary these condition such agreement shall be in writing and signed on behalf of the Company by and authorised person of the Company . All conditioned. representation and agreement not set out in these condition and whether they be expressed emitted by faw. Customs or other are hereby expressly excluded. No officer, servants agent or representatives is authorised to make any representations statement warranties, conditions or agreements not expressly set forth in these condition and the Company is not in anyway bound by any of them not can betoken to form part contract with the Company collected to the absence of any such written agreement to the century these conditions shall constitute the entire agreement between the Company each of its customer.
- The Company is not a common carrier. The Company reserve right to refuse the carriage or transportation of any class of goods live stock at its discretion
- The senders, owners and consignees of any of their agents, if any shall be deemed to be bound by and to warrant the accuracy of all descriptions nature values contents quantity , weight and other particular furnished to the Company for customs consular and they undertake to indemnity the Company against all losses, damages, expenses and fines arising from any accuracy or omission even if such accuracy or omission is not due to any negligence.
- Where the Company accept live stock to be consigned the sender, owner or consignor shall accompany with the certificate licence or other document required by order or regulations of any government department or other authority.
- Customers entering into transaction of any kind relating to carriage of goods or live stock with the Company expressly warrant that they are either the owners of or the authorised agent of the owners of any goods, property of live stock the subject matter or the transaction and by entering into the transaction they accept these condition for themselves as well as for all other parties on whose behalf they are acting. Customers undertake in indemnity the Company against any loss, damage, costs and expenses resulting from the breach of warranty.
- Any deviation in saving or attempting to save life or property at ace or any responsible deviation of the vessel or lorry or the goods or live stock shall not be deemed to be an infringement or the breach of the contract of carriage and the Company shall not be liable for any loss, damage or delay resulting therefore.
(I) Neither the Company nor the vessel, lorry shall be liable for or in respect of any loss of or damage injury or delay to goods or live stock, arising or resulting from
(a) Act, neglect or default of the matter, manner, pilot drive, attendant or the servant agents or the Company in the navigation driving or in the management of the ship or lorry respectively
(b) fire, unless caused by the actual fault or privity of the Company.
(c) Perils dangers and accidents of the sea or other navigable water or mad
(d) Act of God.
(e) Any consequences or war, invasion, act of a foreign enemy, hostilities (whether war be declared or not), civil war, rebellion, insurrection, military or usurped power or confiscation, requisition, destruction of or damage to property by or under the orders of any government or public or local authority.
(f) Seizure under legal process.
(g) Quarantine restrictions.
(h) Act or commission of the sender or owner of the goods or live stock, his agents to representative.
(i) Riots, civil commotions, strikes or lock out stoppage or restraint of labour from whether cause, whether partial or general.
(j) Saving or attempting to save life or property at sea.
(k) Inherent liability to wastage in bulk or weight, intent or inherent defect vice or natural deterioration of the goods or live stock.
(I) Insufficient or improper packing of goods.
(m) Insufficient or inadequacy of works or branding of goods or live stock.
(n) Consignee not taking or accepting delivery within a reasonable time.
(o) Failure of the sender to protect or secure live stock.
(p) Insufficiency or unsuitability of any article supplied by the sender for security, protecting or covering live stock.
(q) Incorrect selection or miss delivery of live stock occasioned by loading or unloading performed by the owner or agent at any point.
(r) Any other cause arising without the actual fault or privity of the Company or without the fault or neglect of the agents or servants of the Company nor the fault neglect of the agents or servants of the Company but the onus of prood shall be on the person darning the benefit of this exception to show that neither the actual fault or privity of the Company not the fault neglect of the agents or servants of the Company contribute to loss, damage, injury or delay to the goods or live stock.
(II) Loss of a particular market (whether held daily or at intervals) show or exhibition.
(III) Indirect or consequential damages.
- Where goods or live stock is accepted for carriage only at the owners risk the goods or live stock shall be carried subject not only to the immunities and limitation of liability contained in these condition but also subject to the special condition that neither the Company not the vessel lorry shall bel liable for loss, damage, injury, deviation, miss delivery, delay or detraction or to any goods or live stock or any part thereof except upon proof the same was occasioned in transit by the wilful misconduct of the Company or their servant or agent PROVIDE that the Company shall not be exempt from any liability that they might otherwise incur under these conditions for non-delivery of the whole of a. consignment of goods or if any separate package forming part thereof, unless such non-delivery is due to fire.
(I) Neither the Company nor the vessel lorry shall in any event be or become liable for any loss or damage in connection with goods in an amount exceeding Ringgit Six Hundred Only (RM 600.00) per package or unit, Neither the Company nor the vessel, lorry shall be responsible in any event for loss or damage to loss damage in connection with goods. If the nature, quantity, weight or value there has been knowing miss-state by sender.
(II) Neither the Company nor the vessel lorry shall in any event be liable beyond the following sums for live, stock. For any cattle per head RM 60.00 for any heads poultry RM 0.50, for any goat RM 6.00 for any horse RM 60.00
- Save and except as in provided by any statutory provisions including and order or regulation the Company shall be under no obligation to feed water live stock while in possession or custody.
- The Company shall be exempt from all loss or damage to any goods or live stock which may occur by reason or in consequence of hail, rain, thunder, storm or other weather condition. during the damage shipment loading or discharge of the same into. upon or from ant vessel, lorry in the Company are nevertheless authorised and permitted without being accountable of the consequences to carry, ship transport, load of discharge goods or live stock under and during such weather condition.
The Company shall not in any case or liable for
(a) Loss from a consignment of goods or live stock or
(b) damage injury, deviation, miss delivery. delay or detention of or to any consignment or
Goods or live stock delivered to the Company will be received and held by them subject : -
(a) To lien for money due to them for the carriage of and other proper charges or expenses upon or in connection with such goods or live stock and
(b) To a general lien for any money or charges due to them from the owners of such goods or live stock for any service rendered or accommodation provided in relation to the carriage or goods or live stock and in case any lien is not satisfied within fourteen (14) days from the date upon which the Company and all proper charges and expenses in relation there to and the Company shall account to the owners of goods or live stock for any surplus. Te general lien conferred by this condition shall not prejudice an unpaid vendor\\\\\\\'s right of stoppage in transit.
- Where the Company are unable for whatever reason to delivery goods or live stock to the consignee or as he may order or where the goods or live stock which is not be delivery by the Company is not removed within a reasonable time or if the live stock dies in transit from whatever cause or is no injury that having regard to all circumstances it is reasonable that it should be slaughtered the Company may self the goods or live stock or car case these of and payment or tender of the proceeds of sale after deduction of all proper charges and expenses in relation the carriage and warehousing of the goods of live stool or cars, maintain or large of the live stock shall without prejudice to any claim or night which the sender or consignee may have against the Company otherwise arising under these conditions discharge the Company from all liability in respect of such goods or live stock or the carriage or delivery thereof.
- When a notice given in compliance with any of these conditions is sent by post service of thereof shall be deemed to be made by property addressing prepaying and posting such notice and, unless the contrary is proved, to have been affected at the time at which notice should be delivered in the ordinary course of pose.
Shippers of goods by water must comply with the providers or the Merchants shipping Ordinance, amendment THE LANGKAWI RO-RO FERRY SERVICES SON BHD. its servant and/or agents will not in any circumstances carry certain classes of dangerous goods by water. When dangerous goods are accepted by the Company for carriage by water. it will not be by all arrangement and subject to the special conditions and regulations of the Company. Shippers of dangerous goods by water must comply with any rules, regulations orders made under the Merchant Shipping Ordinance 1952.