CONDITIONS
OF CONTRACT
1. GENERAL
All
and any business undertaken, except all and any advice, information
or service provided gratuitously, by "K" LINE LOGISTICS
(HONG KONG) LTD. (hereinafter called "the Agent")
is transacted subject to the conditions hereinafter set out
(hereinafter called "the Conditions") and each of
the Conditions shall be deemed to be incorporated in and to
be a condition of any agreement between the Agent and the Customer.
All other terms and conditions are hereby excluded. Should the
Customer wish to contract with the Agent otherwise than subject
to these Conditions special arrangements can be made and revised
prices quoted, provided that such arrangements shall only apply
if reduced to writing and signed by an authorized officer of
the Customer and by a Director for the time being of the Agent.
Save as aforesaid no agent or employee of the Agent has the
Agent's authority to waive or vary these Conditions. All and
any advice, information or service provided by the Agent gratuitously
is provided on the basis that the Agent will not accept any
liability whatsoever therefore in tort or bailment or otherwise.
2. CONTRACTUAL STATUS OF THE CUSTOMER
The
Customer entering into any transaction with the Agent hereby
expressly warrants that it is either the owner or the authorized
agent of the owner of the goods (including any containers or
equipment) to which the transaction relates and further warrants
that it is authorized to accept and is accepting these Conditions
not only for itself but also as agent for the owner of the goods.
Where the Customer accepts these Conditions as agent for the
owner of the goods, it also accepts personal liability, but
such acceptance shall not prejudice the rights of the Agent
against the owner of the goods. For the purpose of these Conditions,
the owner of the goods' shall include any person in whom the
legal or beneficial property of the goods is or may hereafter
become vested, or any person entitled to or who may become entitled
to the delivery of the goods, and any person who is otherwise
interested or my hereafter become interested in the goods. The
Customer shall indemnity the Agent against all expenses, losses,
damages and other liabilities whatsoever suffered by the Agent
arising from or due to a beach or breaches of the above warranties
whether or not arising out of the negligence of the Customer.
3. CONTRACTUAL STATUS OF THE AGENT
| (i) |
The Agent is not a carrier (common or private, actual
or contracting), and may in its sole and absolute discretion
refuse to offer its service to any person. The Agent does
not contract hereunder for the carriage of goods. |
| (ii) |
The
Agent is an air forwarding agent whose principal business
is to act as an agent in arranging for the transportation
of goods on behalf of Customers from Hong Kong to overseas
destinations principally by means of air transportation. |
| (iii) |
Related to its principal business the Agent also arranges
for the securing of ancillary services on behalf of the
Customer including: |
|
(a)
|
Taking
delivery of goods at places designated by the Customer,
transporting, and handing over such goods to the air carriers
at places designated by such air carriers. |
| |
(b) |
Warehousing or otherwise storing the goods before handing
over the goods to the air carriers. |
| |
(c) |
Receiving the goods from the air carriers at overseas
destinations, transporting the goods to places where the
goods will be collected by the consignees or other persons
designated by the Customers or consignees and attending
to such collections. |
| |
(d) |
Warehousing or otherwise storing the goods before the
goods are collected by the consignees or other persons
designated by the Customers or consignees. |
| |
(e) |
Customs clearance of the goods. |
| |
(f) |
Placing of insurance in respect of the goods. |
| |
(g) |
Packing of the goods. |
| |
(h) |
Otherwise handling of the goods pursuant related or incidental
to the instructions of the Customers. |
| |
The
transportation of goods mentioned in (a) and (c) above
will hereinafter be referred to as "local transportation"
or "local carriage". |
| (iv) |
Notwithstanding (iii) above the Agent is entitled to perform
any or all of the ancillary services specified therein
by itself. The Agent is not a professional haulier, carrier,
packer, warehousemen, customs broker or insurance broker. |
4.
THE AGENTS PARENT, SUBSIDIARY OR ASSOCIATED COMPANIES ETC.
The
Agent shall be entitled to perform all or any of its obligations
or exercise all and any of its discretion hereunder by itself
or by its parent, subsidiary or associated companies, or by
any other person, firm or company carrying out the functions
of a forwarding agent. Any contract to which these Conditions
apply is made by the Agent on its own behalf, and also as agent
for and on behalf of any such parent, subsidiary or associated
company, other person, firm or company and any such parent,
subsidiary or associated company, other person or firm or company
shall be entitled to the benefit of these Conditions. The Customer
will not seek to impose upon any such parent subsidiary or associated
company, other person, firm or company a liability greater than
that accepted by the Agent under these Conditions.
5.
AUTHORITY TO CONTRACT FOR THE CUSTOMER ETC.
| (i)
|
Pursuant
to Conditions 3 (ii) and (iii). The Agent is authorized
to select and engage on behalf of the Customer carriers,
truckmen, forwarders, foreign agents, warehousemen, and
others. The Agent shall be entitled to enter into any
contract on behalf of the Customer, whether in the name
of the Customer or not, with any person: |
|
(a) |
for the carriage of the Customer's goods to overseas destinations
by any route or any carrier; |
| |
(b) |
for the storage, packing, local transportation or otherwise
handling of the goods by any person at any place or places
and for any length of time; |
| |
(c) |
for any other purpose pursuant related or incidental to
the Customer's instructions; |
| |
AND
to do such acts, as the Customer's agent, as may be necessary
or incidental thereto in the absolute discretion of the
Agent. The Agent may but is not obliged to depart from
the Customer's instructions in any respect if in the opinion
of the Agent it is necessary or desirable to do so in
the Customer's interests or it is otherwise expedient
to do so, and subject thereto the Agent may arrange for
the goods to be transported to overseas destinations my
means of transport other than air transport. |
| (ii)
|
The
Customer expressly authorizes the Agent to do such acts
and enter into such contracts as are referred to in (i)
above on behalf of the Customer so as to bind the Customer
by such acts and contracts in all respects, notwithstanding
any departure from the Customer's instructions as aforesaid.
The Customer agrees that the Agent is not obliged to consult
the Customer before the Agent enters into any such contracts
or does any such act. The Customer further agrees that
the Agent is not obliged to advise the Customer of the
terms and conditions of such contracts or details of such
acts unless specifically requested to do so by the Customer
in writing, provided that the Customer shall have no right
to enquire into the actual charges paid by the Agent to
any third party, and the Customer acknowledges that any
difference between the charges paid by the Customer to
the Agent and the charges paid by the Agent to any third
party is the Agent's Commission or remuneration or profit. |
6.
WHERE THE AGENT CONTRACTS IN ITS OWN NAME |
| (i)
|
Pursuant
to Condition 5 if the Agent enters into a contract on behalf
of the Customer in its own name with any other person for the
carriage (overseas or local), storage, packing or otherwise
handling of the goods, the Agent is not itself a carrier for
the purpose of the Carriage by Air (Overseas Territories) Order
1967, the Carriage by Air Acts (Application of Provisions) (Overseas
Territories) Order 1967 the Carriage by Air Act 1961, the Carriage
by Air (Supplementary Provisions) Act 1962, or for any other
purposes, nor does it make or purport to make any contract for
the carriage (overseas for local), storage, packing or otherwise
handling of the goods with the Customer as a principal. The
Agent's sole obligation is to procure contracts for the carriage
(overseas or local), storage, packing or otherwise handling
of goods by other persons. |
| (ii) |
In addition and without prejudice to the exceptions and limitations
contained in these Conditions, the Agent shall be entitled to
the benefit of all exceptions and limitations in favour of the
carriers or other persons storing, packing or otherwise handling
the goods, expressly or impliedly contained in the Agent's contracts
with such carriers or other persons. The Customer will not seek
to impose on such carriers or other persons any liability greater
than that accepted by them under such contracts. The Customer
is hereby put on notice that many air carriers contract for
the carriage of goods subject to the IATA Conditions of Contract
for the time being, the Convention for the Unification of Certain
Rules relating to International Carriage by Air signed at Warsaw,
12th October 1929, or that Convention as amended by the Hague
Protocol 1955 or any modification thereof for the time being.
Such Conditions, Convention or amended Convention provide for
inter alia limitation of the liability of such carriers. |
7. WHERE THE AGENT PERFORMS THE ANCILLARY SERVICES
| (i)
|
Pursuant to Condition
3(iv), if the Agent performs any or all of the ancillary services
referred to therein by itself, the Agent is entitled: |
|
(a)
|
to
perform any local transportation of the goods by any route or
by any means; |
| (b) |
to store, pack or otherwise handle the goods at any place or
places and for any length of time; |
| |
AND
to do all such other acts as may be necessary or incidental
thereto in the absolute discretion of the Agent. The Agent may
(but is not obliged to) depart from the Customer's instructions
if in the opinion of the Agent it is necessary or desirable
to do so in the Customer's interests or it is otherwise expedient
to do so. |
| (ii) |
The Provisions relating to the Agent's liability as set out
in Condition 24 shall apply. |
| (iii)
|
Where
the Agent is or is deemed to be a carrier or otherwise as a
principal under a contract subject to legislation compulsorily
applicable thereto the Agent shall be entitled to all the rights,
immunities, exceptions and limitations conferred on the carrier
or principal by virtue of such legislation, and these Conditions
shall be void to the extent that they are inconsistent with
such rights, immunities, exceptions and limitations, but no
further. |
8.
WARRANTIES OF DESCRIPTIONS, VALUES ETC.
The Customer warrants that all descriptions, values and other particulars
furnished by or on behalf of the Customer to the Agent are accurate
and compete and it undertakes to indemnity the Agent against all losses,
damages, expenses, fines and any other liabilities whatsoever arising
from any inaccuracy or omission, even if such inaccuracy or omission
is not due to any negligence. Where the Agent makes out any document
or supplies any information in respect of the goods, it does so as
the agent of the Customer.
9. WARRANTIES OF FITNESS OF GOODS ETC.
Except under special arrangements previously made in writing the Customer
warrants that its goods are fit for carriage (overseas or local),
storage, packing or otherwise handling pursuant related or incidental
to the Customer's instructions, and are not goods (or consist of goods)
included in the Dangerous Goods (Classification) Regulations of the
Laws of Hong Kong Cap. 295 or any modification thereof and the IATA
Dangerous Goods Regulations prevailing at the time the Agent confirms
acceptance of the Customer's instructions, nor are goods (or consist
of goods) of comparable hazard, nor are goods (or consist of goods)
otherwise likely to cause damage. Should the Customer nevertheless
deliver any such goods to the Agent or cause the Agent to accept or
handle or deal with any such goods otherwise than under special arrangements
previously made in writing, then whether or not the Agent is aware
of the nature of such goods, the Customer shall be liable for all
expenses losses or damages whatsoever caused by or to or in connection
with the goods howsoever arising, and shall indemnify the Agent against
all penalties claims damages costs expenses and any other liabilities
whatsoever arising in connection therewith, and the goods may be destroyed
or otherwise dealt with at the risk and expense of and without any
liability to the Customer or the owner in the sole discretion of the
Agent or any other person in whose custody or control they may be
at the relevant time. The Agent or such other person shall have the
right to decide whether or when the goods are or become (or consist
of goods which are or become) unfit for carriage (overseas or local),
storage, packing, handling etc., or are or become goods (or consist
of goods which are or become goods) of comparable hazard to the goods
included in the IATA Dangerous Goods Regulations or the Dangerous
Goods (Classification) Regulations or any modification thereof, or
are or become goods (or consist of goods which are or become goods)
which are otherwise likely to cause damage. A copy of the prevailing
IATA Dangerous Goods Regulations is available for inspection by the
Customer upon request. If such goods are accepted under arrangements
previously made in writing, they may nevertheless be destroyed or
otherwise dealt with at the risk and expense of and without any liability
to the Customer or the owner in the sole discretion of the Agent or
any other person in whose custody or control they may be at the relevant
time on account of risk to other goods, property, life or health.
The expression "goods likely to cause damage includes but is
not limited to goods likely to harbour or encourage vermin or other
pests.
10.RIGHT TO INSPECT THE GOODS
The Agent is entitled but is not under any duty to inspect the goods
or cause the goods to be inspected.
11. DECLARATION OF NATURE, VALUE ETC.
| (i)
|
The
Agent shall not be obliged to make any declaration for the purpose
of any statute or convention or contract as to the nature or
value of any goods or as to any special interest in delivery,
unless expressly instructed by the Customer in writing. |
| (ii) |
Where there is a choice of rates according to the extent or
degree of the liability assumed by carriers, warehousemen, packers
or others, the Agent shall arrange for the goods to be carried,
forwarded, dealt with, etc., at the Customer's risk or other
minimum charges, and no declaration of value (where optional)
will be made, unless express instructions in writing to the
contrary have been previously given by the Customer. |
| (iii) |
A mere statement of value or nature of the goods or a declaration
of value or nature by the Customer for insurance or export or
customs or any other purposes is not and shall not be construed
to be instructions to the Agent to make any declarations for
the purposes of (i) and (ii) above. |
12. DISPOSAL OF GOODS
| (i)
|
The
Agent shall be entitled to sell or dispose of or cause to sell
or cause to dispose of at the risk and expense of the Customer
or the owner: |
|
(a)
|
expect
where (b) and (c) below apply, at any time on (28) days' notice
in writing to any one of the Customer or the consignee or the
owner or the notify party, or without notice after the goods
have been discharged by the air carrier at the overseas destination
for (60) days, all goods which in the opinion of the Agent or
any other person in whose control or custody the goods may be
at the relevant time cannot be delivered either because they
are insufficiently or incorrectly addressed or marked or because
they are not collected or accepted by the consignee for any
reason. |
| (b) |
without notice live animals or perishable goods which are not
taken up immediately on arrival or which are insufficiently
or incorrectly addressed or marked. |
| (c) |
without notice and at any time all or any goods which in the
opinion of the Agent or any other person in whose control or
custody such goods may be at the relevant time will be likely
to perish |
| (ii) |
Payment or tender of the net proceeds of sale, if any, to the
Customer or the owner after deduction of all charges and expenses
shall be equivalent to delivery of such goods and shall discharge
the Agent from all liabilities whatsoever in respect of the
goods and any contract relating to the goods. Where the Customer
or the owner cannot be traced or payment or tender of the net
proceeds is otherwise not possible, the Agent shall hold such
proceeds in trust for the Customer or the owner for a period
of (one) year. At the expiry of such period, the claim of the
Customer or the owner to the proceeds will be extinguished.
The Customer or the owner shall not be entitled to claim any
interest for any sum held in trust by the Agent but shall reimburse
the Agent for all expenses incurred n holding such sum. |
13. BULLIONS ETC.
Except under special arrangements previously made in writing the Agent
will not accept or deal with bullion, coins, precious stones, jewellery,
valuables, antiques, pictures, livestock or plants. Should any Customer
nevertheless deliver any such goods to the Agent or cause the Agent
to handle or deal with any such goods otherwise than under special
arrangements previously made in writing the Agent shall be under no
liability whatsoever for or in connection with the goods howsoever
caused.
14. INSTRUCTIONS TO THE AGENT
Any of the Customer's instructions, in addition to those appearing
on the front side hereof, must be given in writing by the Customer
and signed by its authorized officer.
15. QUOTATION AND CHARGES
| (i)
|
The
Agent is entitled to charge the Customer in any manner in its
sole and absolute discretion including but not limited to charging
on an inclusive rate basis with or without a breakdown of the
items. The Customer acknowledges that the method of quotation
or charging adopted by the Agent itself shall not be interpreted
that the Agent is contracting hereunder as a carrier or otherwise
as a principal. |
| (ii)
|
Estimates
and quotations are given on the basis of immediate acceptance
and are subject to withdrawals or revisions. Further unless
otherwise agreed in writing the Agent shall be, after acceptance
of such quotations by the Customer and/or before or during or
after performance by the Agent of its duties hereunder, at liberty
to revise quotations or charges with or without notice in the
event of changes occuring in currency exchange rates, rates
of freight, insurance premiums or any charges applicable to
the goods. |
| (iii)
|
Subject
to agreement between the Agent and the Customer, charges may
be (i) "to be pre-paid", that is , due and payable
at the time the Agent confirms acceptance of the Customer's
instructions appearing on the front side hereof, or (ii) "to
be collected:, that is, due and payable at the time the consignee
or any other person designated by the Customer or consignee
collects the goods at the other end of the transit, or (48)
hours after the discharge of the goods by the air carrier and
notice of arrival has been communicated to the notify party
whichever is earlier. In the case that the charges are to be
prepaid the Agent reserves the right to treat payment of the
charges as a condition precedent to the performance of its duties
hereunder. In the case that the charges are to be collected
the Agent reserves the right to cause the goods and documents
relating thereto to be withheld until payment is made. |
| (iv)
|
All
sums shall be paid to the Agent in cash immediately when due
without deduction and payment shall not be withheld or deferred
on account of any claim, counterclaim or set off. Any sum not
paid when due shall bear interest at the best lending rate of
the Hongkong and Shanghai Banking Corporation prevailing at
the relevant time or times. |
| (v) |
Where the Customer's instructions are to collect charges including
amounts payable by the Agent to the carriers foreign agents
or others or any other expenses or parts thereof from the consignee
or any other person, the Customer shall remain responsible and
shall forthwith pay for the same or any balance thereof plus
any interest if they are not paid or not fully paid by such
consignee or other persons immediately when due, notwithstanding
any claim counterclaim or set off. Without prejudice to the
generality of the foregoing this provision shall apply if inter
alia the goods are refused by the consignee or confiscated by
the Customs or other authorities or for any reason it is in
the opinion of the Agent impossible to arrange for the delivery
of the goods. |
| (vi) |
The Agent is authorized but shall not be obliged to provide
any guarantee or incur any expenses, or advance any money for
the payment of freight charges, customs duties, taxes or any
other charges in respect of the goods. |
16. BROKERAGES ETC.
The Agent is authorized and entitled to retain and be paid all brokerages,
commissions, allowances and other remunerations from any third party
and is not accountable to the Customer or the consignee or the owner
therefor.
17. RIGHTS AGAINST THE CONSIGNEE ETC.
The Agent shall have the right to enforce any liability of the Customer
under these Conditions or to recover any sums to be paid by the Customer
under these Conditions not only against or from the Customer but also
if it thinks fit against or from the consignee or the owner.
18. INSURANCE
| (i)
|
No
insurance against any risk whatsoever will be effected except
upon express instructions given in writing within a reasonable
time by the Customer. A mere statement of value or a mere declaration
of value by the Customer for export or customs or carriage or
other purposes is not and shall not be construed to be instructions
to insure. |
| (ii)
|
Where
the Customer expressly instructs the Agent to effect any insurance,
the Agent will make reasonable efforts to effect the same at
the expense of the Customer. However the Agent will not warrant
or undertake that such insurance can or will be placed. Any
insurance placed shall be governed by the certificate or policy
issued and will only be effective when accepted by the insurance
companies or other underwriters. |
| (iii)
|
Subject
to the foregoing unless otherwise specifically instructed by
the Customer in writing: |
|
(a) |
Insurance is to be effected to cover the period from the time
the goods are loaded aboard the aircraft at the airport in Hong
Kong to the time the aircraft shall arrive at the airport at
the overseas destination, and the goods be there discharged
and landed. |
| (b) |
Insurance is to be effected with one or consignee or the owner
shall be liable to the Agent for any deficiency in the sale
or disposal. |
| (iv)
|
The
Agent's right of particular or general lien will have priority
over the Customer's or the owner's right, if any, of stoppage
in transit. |
| (v)
|
In
addition the Agent shall have a particular and general lien
on all sums of money or money's worth received by the Agent
or its agent on behalf of the Customer or the consignee or the
owner and shall be entitled to apply such sums of money or money's
worth or parts thereof towards the payment of all sums due at
any time from the Customer or the consignee or the owner on
(28) days notice in writing to the Customer or the consignee
or the owner. |
19. OTHER GOODS
The Agent shall not be obliged to arrange for the goods to be carried,
packed, stored or handled separately from the goods of other customers.
The Agent is authorized to arrange for the Customer's goods to be
consolidated with other goods. Such consolidation itself shall not
be interpreted that the Agent is contracting hereunder as a carrier
or otherwise as a principal.
20. DELIVERY OF GOODS
Except otherwise specifically instructed by the Customer in writing
the Agent shall arrange for the goods to be delivered only to the
consignee named on the front side hereof, or to a party authorized
by such consignee. Notice of arrival of the goods will be sent to
the notify party, or the consignee by ordinary methods; the Agent
is not liable for non-receipt or delay in the receipt of such notice.
Any charges including storages incurred pending collection will be
for the account of the Customer or the consignee or the owner.
21."CASH ON DELIVERY" (C.O.D.)
Instructions to collect payment in cash or otherwise on behalf of
the Customer or the owner from any person on delivery of the goods
or on other specified terms are accepted by the Agent upon the condition
that the Agent in the matters of such collection and the remittance
thereof will act as the agent of the Customer or the owner and will
be liable only in the event of wilful misconduct on the part of the
Agent or its own servants.
22. THE AGENT'S DOCUMENTS
To facilitate the handling of goods during transit the Agent may issue
documents such as the Agent's House Air Waybill, House Airbill, Air
Consignment Note, or other such documents. The issue of such documents
itself shall not be interpreted that the Agent is contracting hereunder
as a carrier or otherwise as a principal.
23. THE AGENT'S LIABILITY
| (i)
|
The
Agent shall not be liable to the Customer or the consignee or
the Owner: |
|
(a)
|
for
loss or damage (physical or otherwise), including but not limited
to loss or damage resulting from non-delivery of the goods or
mis-delivery of the goods to a wrong party, caused by any failure
to carry out or negligence in carrying out the Customer's or
the consignee's or the owner's instructions, or by any failure
to perform or negligence in performing the Agent's obligations
(whether such obligations arise by contract or otherwise), unless
such loss or damage is due to the wilful misconduct of the Agent
or its own servants and to circumstances within its control; |
| (b)
|
for
consequential loss, or loss of market or profit, or delay, or
deviation, or fire, or theft howsoever caused. |
| (ii)
|
Notwithstanding
any other provisions in these Conditions the Agent's responsibility
or liability hereunder shall cease upon the Agent handling the
goods to any airline, or other carrier or any other third party.
The Agent shall not be responsible in any event for loss or
damage (physical or otherwise) to, or in connection with the
goods if the nature or value thereof has been mis-stated by
or on behalf of the Customer or the owner, whether or not such
mis-statement is due to any negligence. |
| (iii) |
In no case whatsoever shall any liability of the Agent, howsoever
arising, and notwithstanding that the cause of loss or damage
(physical or otherwise) be unexplained, exceed the sum at the
rate of US$20 per kilo (or the invoice value if less). |
| (iv) |
Any claim by the Customer or the consignee or the owner or any
person against the Agent hereunder shall be made in writing
and notified to the Agent at its address in Hong Kong as indicated
on the front side hereof; |
|
(a)
|
in
the case of physical damage to the goods within (7) days after
the end of the transit, |
|
(b) |
in
the case of non-delivery (including loss or mis-delivery to
a wrong party) within (14) days of the date when the goods should
have been delivered, and |
|
(c) |
in any other case within (7) days of the event giving rise to
the claim.
Any claim not made and notified as aforesaid shall be deemed
to be waived and absolutely barred. Any right of action shall
be extinguished and the Agent discharged from all liability
if judicial proceedings are not instituted within (90 days)
of the date of the notice given to the Agent. |
| (v)
|
No
claim of any kind shall be made against any servant or agent
of the Agent on any ground whatsoever. No claim of any kind
shall be made against any parent, subsidiary or associated company
of the Agent, or against any other parties employed by the Company
in pursuance of Condition 4, or against any of their respective
servants or agents on any ground whatsoever. |
| (vi)
|
The
provisions contained in (i) to (v) above shall apply whatever
the nature of the proceedings (whether or not in contract or
tort or bailment or otherwise) by which liability may be enforced.
|
| |
|
24. COMPLIANCE WITH LAW
The Customer, the consignee and the owner shall comply with all applicable
laws, customs and other government regulations of any country to,
from through or over which the goods may be carried, including those
relating to the packing, storing, carriage, delivery or otherwise
handling of the goods pursuant, related or incidental to the Customer's
instruction, and shall furnish such information and such documents
to the Agent as may be necessary to comply with such laws and regulations.
The Agent is not liable to the Customer or the owner or the consignee
or any other person for losses expenses or damages due to the Customer's
or the owner's or the consignee's failure to comply with this provision.
25. INDEMNITY
The Customer and the owner shall be liable to pay or indemnify the
Agent against all duties, taxes, payments, fines, expenses, losses,
damages (including physical damage) and liabilities, whether or not
arising out of the negligence of the Agent, their servants or agents,
suffered or incurred by the Agent, towards any third party (including
but not limited to the Agent's servants and agents), arising directly
or indirectly from or in connection with the Customer's instructions
or their implementation or the goods or in the performance of the
Agent's obligations under any contract to which these Conditions apply,
including any liability to indemnify any other person against claims
made against such other person by the Customer or by the owner.
26. INTERPRETATION OF THE CONDITIONS
These Conditions are numbered, paragraphed sub-paragraphed and sub-titled
for the sake of convenience only. Such numbering, paragraphing, sub-paragraphing
and sub-titling shall not limit or extend the interpretation of the
Conditions. All sub-titles are not parts of the Conditions. Where
used herein, the words importing the singular number shall include
the plural and vice versa and words importing the neuter gender shall
include the masculine gender or feminine gender as the case may be.
27. WAIVER
The waiver by the Agent of any default or right under these Conditions
shall not be deemed to be a waiver by the Agent of any prior, subsequent
or continuing default or right of a like or similar nature.
28. SEVERABILITY
If any provision of these Conditions be declared void invalid or unenforceable
by any court of law, the remaining provisions of these Conditions
shall to the extent permitted by such declaration remain in full force
and effect as though the void invalid or unenforceable provisions
were never a provision of these Conditions.
29. GOVERNING LAW
These Conditions and any act or contract to which they apply shall
be governed by Hong Kong law, and any dispute arising out of the Conditions
or any such act or contract shall be within the exclusive jurisdiction
of the Hong Kong courts.
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