RESPONSIBILITY FOR LOSS OR DAMAGE. Owners assume liability as provided in the United States Carriage of Goods by Sea Act, 46 U.S.C. §§1301-1315 (“COGSA”), for containers, chassis, proprietary cargoes or other equipment while in the custody and under the control of Owners. Such items shall be considered "goods" within the meaning of COGSA, and Owners' liability to Charterers for loss or damage thereto shall be determined in accordance with the provisions of COGSA. However, owners shall not be responsible for loss or damage to cargo in the container or other equipment or to the container or other equipment itself that does not result from any act or omission of Owners or their agents or employees, or the master, officers or crew of Owners' vessel. Owners shall bear and pay for, and at their sale cost and expense, defend, protect, indemnify and save harmless Charterers from any legal liability for loss or damage to cargo, containers or other equipment carried under the terms of this Agreement while in the custody or under the control of Owners. Notwithstanding the foregoing, in the event of any conflict between the terms and conditions of any charter, xxxx of lading or other transportation agreement between an Owner and a Charterer, and the terms and conditions of this Article 4, such other agreement shall take precedence over this Article.
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Samples: Transpacific Stabilization Agreement FMC Agreement, Transpacific Stabilization Agreement FMC Agreement, Transpacific Stabilization Agreement FMC Agreement
