Common use of LIBERTIES Clause in Contracts

LIBERTIES. 9.1 SFC shall have the following liberties in connection with the Carriage of Cargo under this Tariff and SFC shall not be liable in damages or otherwise as a consequence of the exercise, neglect, non-exercise, or attempted exercise of any other of the following liberties: (a) The Carriage may be performed by any Vessel; (b) SFC may discharge, land, store, transship, and forward Cargo in the case of accident, should the Vessel put into a port of refuge, or for any cause including but not limited to circumstances where the Vessel is prevented from entering any port or place or is likely to be delayed or threatened owing to labour disputes, disturbances, riots, civil commotion, war or the consequences of war (declared or undeclared), terrorism or the consequences of terrorism, insurrections, requisitions, or the threat of requisition, priorities or any other action, direction, regulation or order of any competent authority or agency, acts of God, perils of the sea and of other waters, dangers of navigation, fire, ice, public enemies, storms, floods, tides, or any other matter or thing beyond the direct control of SFC or any other cause deemed fit as determined by SFC in its sole discretion. In such a case, SFC shall be at liberty to proceed to the nearest convenient port or place and there lighter, discharge into craft, land the Cargo or any part thereof, to store afloat in the Ship, ashore, or otherwise with or without watchmen, or transship or forward the Cargo to destination by land, water or air, all at the risk of the Shipper who shall pay all extra freight charges and expenses incurred under this clause in lightering, discharging, landing, storing, transshipping, or forwarding Cargo; (c) It is further understood SFC may sail Vessels with or without pilots, tow or assist Vessels, sail Vessels which may be towed, call at any ports in any order, for any purpose, and convey Cargo in lighters to and from any Vessel or other ship at the sole risk of the Shipper of the Cargo; (d) In case the whole or any part of any Cargo is prevented by any cause from loading, is overcarried, or landed at any intermediate port, SFC is only required to forward the Cargo by another SFC Vessel or other means of its choosing and incurs no further liability; (e) SFC may postpone a shipment or delivery date if SFC determines that in any particular case that it is not possible, practicable, or convenient to ship or deliver Cargo and of which impossibility, impracticability, or inconvenience SFC shall be the sole and conclusive judge; (f) SFC shall be at liberty at any intermediate port to shift or discharge any Cargo for the purpose of discharging or stowing other Cargo at such port; (g) SFC shall have liberty to tow, to be towed, and to assist vessels under all conditions; (h) SFC is not required to notify the consignee of the arrival of Cargo; and (i) SFC shall have liberty to comply with any orders or directions as to departure, arrival, routes, ports of call, stoppages, destination, delivery, or otherwise howsoever, given by the Government of Canada and any provincial, territorial or municipal government or, any department or agency thereof, or by any committee, authority or person including those having under the terms of the insurance of the Vessel the right to give such orders or directions. If by reason of and in full compliance with any such orders or directions anything is done or not done, it will not be deemed to be deviation, and delivery in accordance with such rights or directions shall be a fulfillment of SFC's obligations hereunder.