6.6. 6.7. 6.8. 6.9. Carrier has not ownership in any goods or containers (unless the containers are supplied by carrier) and shall exercise no lien or charge over any goods or containers. Carrier has no right whatsoever to sell or otherwise dispose of the goods without the prior written consent of Maersk logistics. No warranty or representation, express or implied, is made by mask logistics in relation to the fitness or condition of the goods or containers or any part of them. Carrier shall be solely responsible for checking any goods or containers deliver to it by mask logistics for its customers or their shippers. Where applicable and without reducing the liability of carrier under this agreement, the liability of mask logistics to carrier if any, shall be in accordance with its standard terms and conditions As far as the words "for any loss, damage or delay caused by the loss, theft, or damage to any goods, containers and/or documents" in clause 6.1 of the agreement is concerned, the words "any loss, damage or delay" describe the kind of incident that may happen to the goods or cargo conveyed by the carrier. In other words, there may be "any loss". This may mean part of the goods may suffer loss, or any conceivable loss suffered in the relation to the cargo. In the same vein the words "damage or delay" are used in sense that the goods may suffer "damage" or the goods may suffer "delay". To read these words again in context, one may say "where the cargo conveyed by the carrier suffers any loss, damage or delay". Then the rest of the sentence comes into play i.e. describing the cause of the loss, damage or delay. The anticipated causes of "any loss, damage or delay" are "loss, theft, or damage to any goods, containers and/or documents. The words "caused by the loss, theft, or damage" give rise to 3 general causes of liability or responsibility. Counsel for the third party was concerned by the fact that the word "loss" is so general. I think the word "loss" put in context means loss caused by any other causes other than theft or damage. Hypothetically, it may cover a situation where the goods fall of the vehicle used to convey the cargo. It may cover loss caused by misplacement of the goods. I do not agree that it covers loss which is expressly excluded in the contract such as force majeure or other occurrences that are expressly excluded in the contract. In fact the contract should be read as a whole to mean that where certain events are expressly mentioned as excluding 49

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