Common use of Imperative law Clause in Contracts

Imperative law. 12.1. The Forwarder shall inform the Principal forthwith which contracts of transport he has entered into to fulfil his obligation if the goods are not delivered without delay at the place of destination in the state in which they were tendered. He shall put at the disposal of the Principal all documents in his possession or which he can reasonably supply, at any rate in as far as they may be used to claim damages sustained. 12.2. If the Forwarder fails to comply with an obligation as referred to in paragraph 12.1, he shall, in addition to payment of the further damage sustained by the Principal as a result thereof, pay compensation equal to the damages which the Principal would have received from him if he himself had carried out the contract concluded by him, less the damages which the Principal may have received from the carrier. 12.3. If - and only if - the Forwarder carried out a contract of transport himself, he is obliged to notify this forthwith to the Principal if the goods are not delivered without delay at the place of destination in the state in which they were tendered. 12.4. If the Forwarder fails to make notification as referred to in paragraph 12.3 and if as a result thereof he has not been called upon as a carrier in time, he shall, in addition to being liable for payment of the further damage sustained by the Principal as a result thereof, be liable to pay compensation equal to the damages he would have had to pay, if he had been called upon as a carrier in time.

Appears in 2 contracts

Sources: Forwarding Services Agreement, Forwarding Services Agreement