Common use of LIBERTIES Clause in Contracts

LIBERTIES. (A) The Carrier shall make commercially reasonable efforts to carry the Goods expeditiously to the place of delivery, but the Carrier does not warrant any specific route, Vessel, method of transport or delivery date, and shall have liberty to perform the carriage in any commercially reasonable manner and by any reasonable means, methods and routes including the right to transship Goods using other Carriers, conveyances or containers. The Carrier shall always have liberty to comply with orders, directions, recommendations or suggestions, howsoever given, of any government, national or local authority. (B) At any stage in the carriage, the Goods may, at the Carrier's absolute discretion, be carried as a single shipment or as several shipments on any means of transport, whether owned or operated by the Carrier or not. (C) The Carrier shall make commercially reasonable efforts to complete the carriage and to deliver the Goods at the place designated for delivery, but does not guarantee such delivery and shall be excused from all consequences of nondelivery at such place, (and shall remain entitled to full freight and charges and his lien,) if such delivery is commercially unfeasible, or would delay or imperil the interests of the Carrier or the Goods, the Goods of others or the general enterprise. (D) In particular, the Carrier is excused from full performance of the contract of carriage by the existence or apprehension of war, declared or undeclared, hostilities, warlike or belligerent acts or operations, riots, civil commotions, boycotts or other disturbances; epidemics or diseases, quarantine, sanitary or similar regulations or restrictions; shortage, absence or obstacles of labor or facilities for loading, discharging, delivery or handling of the Goods; strikes, lockouts or other labor troubles, whether partial or general, and whether or not involving employees of the Carrier, his agents or sub-contractors; congestion of ports, berths, freight stations or terminals; closure of, obstacle in or danger to any canal, waterway, land route or railroad; ice, landslide, earthquake or other natural effects creating obstacles to carriage. This list is descriptive and not exhaustive, and the existence of any of these similar conditions prior to receipt of the Goods shall not constitute waiver of the Carrier's rights. (E) If, in the Carrier's opinion, good cause exists to fear danger, injury, loss, delay or disadvantage to the Carrier, the Goods, the Goods of others or to the general enterprise, the Carrier

LIBERTIES. (Aa) The Carrier shall make commercially reasonable efforts to carry the Goods expeditiously may at any time and without notice to the place of delivery, but the Carrier does not warrant Merchant; (i) use any specific route, Vessel, method means of transport or delivery date, storage whatsoever; (ii) transfer the Goods from one conveyance to another including trans-shipping or carrying the same on another vessel or means of transport other than the Vessel named herein; (iii) proceed by any route in his discretion (whether or not the nearest or most direct or customary or advertised route) at any speed and shall have liberty proceed to perform the carriage or stay at any place or port whatsoever once or more often and in any commercially reasonable manner order; (iv) load and by unload the Goods at any reasonable means, methods place or port (whether or not any such port is named herein as the port of loading or port of discharge) and routes including store the right to transship Goods using other Carriers, conveyances at any such place or containers. The Carrier shall always have liberty to port; and (v) comply with orders, directions, recommendations or suggestions, howsoever given, of any government, government national or local authority. The liberties set out herein may be invoked by the Carrier for any purpose whatsoever, including but not limited to repairs or drydocking, shifting berths, shifting or restowing cargo, and taking in fuel or stores. Any act done or not done under this clause or any delay arising therefrom shall be deemed to be within the contracted carriage. (Bb) At If at any stage in time the carriageCarriage is or is likely to be affected by any hindrance, the Goods mayrisk, at the Carrier's absolute discretiondelay, be carried as a single shipment difficulty or as several shipments on disadvantage of any means of transport, whether owned or operated by the Carrier or not. (C) The Carrier shall make commercially reasonable efforts to complete the carriage and to deliver the Goods at the place designated for deliverykind including, but does not guarantee such delivery and shall be excused from all consequences of nondelivery at such place, (and shall remain entitled limited to full freight and charges and his lien,) if such delivery is commercially unfeasible, or would delay or imperil the interests of the Carrier or the Goods, the Goods of others or the general enterprise. (D) In particular, the Carrier is excused from full performance of the contract of carriage by the existence or apprehension of war, declared or undeclared, hostilities, warlike or belligerent acts or operations, riots, civil commotions, boycotts or other disturbances; epidemics or diseases, quarantine, sanitary or similar regulations or restrictions; shortage, absence or obstacles of labor or of facilities for loading, dischargingdischarge, delivery or handling of the Goods; strikes, lockouts or other labor troubles, whether partial or general, and whether or not involving employees of the Carrier, his agents or sub-contractors; congestion of ports, berths, freight stations or terminals; closure of, obstacle in or danger to any canal, waterway, land route or railroad; ice, landslide, earthquake or other natural effects creating obstacles to carriage. This list carriage (which is merely descriptive and not exhaustive, even though the circumstances giving rise to such hindrance, risk, delay, difficulty or disadvantage existed at the time this contract was entered into or when the Goods were received for Carriage), the Carrier (whether or not the Carriage is commenced) may, without prior notice to the Merchant and at the sole discretion of the Carrier, either: (i) carry the Goods to the contracted Port of Discharge or Place of Delivery, whichever is applicable, by an alternative route to that indicated in this Bill of Lading or that which is usual for Goods consigned to that Port of Discharge or Place of Delivery and the existence of Carrier shall be entitled to any of these similar conditions prior to receipt additional Freight and costs associated with such change(s); or (ii) suspend the Carriage of the Goods and store them ashore or afloat and endeavour to forward them as soon as possible and the Carrier shall not constitute waiver be entitled to any associated charges or additional Freight; or (iii) abandon the Carriage of the CarrierGoods and/or place them at the Merchant's rights. (E) Ifdisposal at any place or port which the Carrier may deem safe and convenient, whereupon the responsibility of the Carrier in respect of such Goods shall cease. In such case, the Carrier's opinion, good cause exists to fear danger, injury, loss, delay or disadvantage to Merchant shall be responsible for any additional costs incurred by reason of the Carrier, abandonment of the Goods, the Goods of others or including but not limited to the general enterpriseadditional charges for delivery to and/or storage at, the Carriersuch place or port.