clause 6 of exhibit D1 which was not set out in full by the parties. It provides as
follows:
"
6. liability
6.1. Carrier shall be responsible to both mask logistics and any customer
for any loss, damage or delay caused by the loss, theft, or damage to
any goods, containers and/or documents during the period that any
such goods, containers and/or documents are in the custody or
control of the carrier, his subcontractors or agents, and carrier shall
hold harmless and indemnify mask logistics and any customer for any
and all responsibility and liability arising out of such loss, damage or
delay.
6.2. The period of carriers custody or control shall include the period
between the time of acceptance of the goods by the carrier, its
employees, agents or subcontractors or employees of such agents or
subcontractors until the time of delivery of the goods in accordance
with the masts written instructions as evidenced by the written
receipt thereof by the customer or other party. It shall also include
constructive custody or control by operation of the applicable law.
Carrier shall assume the responsibility of a bailee during any such
period of custody or control.
6.3. Carrier shall not permit any container and/or goods to leave his
custody or control without express written permission from mask
logistics, and then only to the extent of such permission.
6.4. Carrier shall assume liability for, defend, indemnify and hold harmless
the customer and mask from any liability incurred as a consequence
of any action of carrier, its employees, agents or subcontractors or
employees of such agents or subcontractors and shall provide the
customer and/or mask logistics with whatever evidence either or
both of them require in order to bring any claim against contractor
and/or to assess their possible exposure for any liabilities.
6.5. Carrier is liable to reimburse Maersk logistics or any customer the full
replacement value of any goods and/or container which are lost or
damaged whilst in its custody or control.
48
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