The Transport Operator shall ensure that the Vehicles used for the carriage of goods entrusted to it are licensed, taxed, constructed, maintained, loaded, properly secured for loads, insured, operated and used in conformity with the law of the country of loading, and the law of the country through which the goods are transported and the law of the country of delivery.
Without prejudice to the generality of Clause 2 it is the absolute responsibility of the Transport Operator and its drivers, servants and agents specifically to ensure that any Vehicle and all necessary tackle and facilities for securing loads to the Vehicle presented for loading are suitable for carriage of the load; that the Vehicle is not overloaded and is not subsequently overloaded and that the load is properly and safely positioned and secured.
The Transport Operator shall be responsible for providing proof of delivery of the goods to the Purchaser signed by or on behalf of the consignee in acknowledgement of receipt.
The Transport Operator shall indemnify the Purchaser against all actions, losses, liabilities, damages, delays, claims, costs, charges, demands and expenses that arise out of, relate to or are in connection with the loss of, delay, or damage to, any property (including but not limited to property of the Purchaser) or injury to, or death of, any person (including but not limited to any employee of the Purchaser) and the execution of the Contract save to the proportionate extent that the same shall have arisen directly from the Purchaser’s negligence or willful default.
The Transport Operator shall be liable for and shall save, indemnify, defend and hold the Purchaser harmless from and against all claims, suits, costs (including legal costs), liabilities, judgments, fines, penalties or demands, whether in tort or not, in respect
Force Majeure is defined as any event beyond the control of the party concerned which that party could not have prevented, overcome, or remedied in whole or in part trough the exercise of due diligence and which stands as an obstacle to the execution of all or part of the Contract.
