Labuan Liberty Port Management Sdn. Bhd (LLPM) has been given the rights to manage, operate and maintain facilities and services at New Liberty Wharf. LLPM provides services to the port user subject to the following Terms and Conditions of Business and the use or engagement of any of LLPM’s facilities is deemed as acceptance of the Terms and Conditions of Business together with an undertaking to comply by the User with all the relevant laws and regulations which may be enforced from time to time.
In providing its services, LLPM shall as far as possible carry out its operations in efficient and appropriate manner and with adequate labor, machinery and equipment:
- LLPM shall provide proper care and control of the port user’s cargo and containers within the New Liberty Wharf.
- LLPM shall use its best endeavors to provide handling space for the volume of containers and cargo as indicated by the port users to be loaded or discharged.
- LLPM shall allow reasonable access to the port users and their servants and agents for the purpose of performing and carrying out the business and agency requirements of the port users relating to the said services supplied by LLPM to the port users Provided Always That such port users or persons shall observe all safety and security regulations and standing instructions made by LLPM which may be operative at the prevailing time.
Part 1 : Definitions, Constructions And Savings
In these Terms and Conditions of Business and in any contracts entered into by LLPM which includes these Terms and Conditions of Business by reference, the following words and expression shall, unless the context otherwise requires, have the following meanings:-
1.1.1 : “LLPM” means Labuan Liberty Port Management Sdn. Bhd., a company incorporated in Malaysia on 27 August 1998 and includes its employees and agents;
1.1.2 : “Port” means the New Liberty Wharf;
1.1.3 : “cargo” includes livestock, minerals, wares, vehicles and merchandise of every description whether containerized or otherwise, and include any passenger luggage and effects, if any;
1.1.4 : “container” shall mean any box or article of transport equipment (including tanks, flats and reefers) having a permanent character and being specially designed for transportation of cargo by one or more modes of transport, without intermediate reloading, and fitted with devices permitting its ready handling particularly its transfer from one mode to another;
1.1.5 : “Contractor” shall include any person who directly or indirectly enters into any arrangement, contract or agreement with LLPM in relation to the transport, storage or distribution of cargo or containers including break-bulk or any matter connected therewith and includes without limitation an exporter, importer, consignor and consignee thereof and may include, if appropriate, a person who is a Line;
1.1.6 : “ISPS Code” means the International Ship and Port Facility Security Code;
1.1.7 : “Line” shall include any person (including without limitation shipping companies, ship owners and charterers) having any interest in a vessel and may include a person who is an Operator;
1.1.8 : “Master” includes every person, except a pilot, having for the time being the command or charge of any vessel;
1.1.9 : “owner” when used in relation to goods includes any consignor, consignee, shipper or agent for sale, custody, shipping or landing of such goods;
1.1.10 : “person” include corporations whether aggregate or sole;
1.1.11 : “LLPM’s premises” shall mean the premises demised or rented to LLPM and shall include place administered, leased, rented, built, owned, managed, and or occupied by LLPM at the Port;
1.1.12 : “Port Tariff Charges” means the Government approved dues and charges as prescribed in the Attachment B of the lease agreement with the Director General of Federal Lands and Mines Department Ref. No. KTPK/101/SP & HP/931/8/16-1 or the charges prescribed in LLPM’s tariff from time to time;
1.1.13 : “port user” means the owner, part owner, Master, charterer, or mortgage in possession of the vessel including a person who is a Line, and or his respective agents or employees who uses the services of LLPM including a person who is an Contractor and or the owner of cargo, consignor, consignee, shipper or agent for the sale, custody, shipping or landing of such goods or any persons transacting business or entered into a contractual obligation with LLPM;
1.1.14 : “storage area” means premises and open area meant for storage purposes and shall include area administered, managed, maintained or occupied by LLPM at the New Liberty Wharf;
1.1.15 : “vehicle” shall mean all kinds of carriage, transport and conveyance excluding any floating craft or craft;
1.1.16 : “vessel” includes barges, lighters and any mechanically propelled ship or boat or any seagoing or inland water craft including any floating objects used in navigation for the carriage of goods or passenger;
1.1.17 : “Wharf” means the connecting bridge, jetty, berthing stations and any walls and structures adjoining the foreshore or seabed at the Port;
1.1.18 : "day" means the period from 0800 hours on one day to 0800 hours on the next day;
1.1.19 : “tonne” means one tonne metric or 1,000 kilograms or one cubic meter;
1.1.20 : “valuable cargo” means:-
a) any package containing bullion, specie, precious stone and jewelry; or
b) any package of goods exceeding RM 2,000 in value per package;
1.1.21 : “damaged cargo” means cargo which upon inspection thereof by an authorized personnel, are found to be deteriorating or leaking, in the case of chemical, and if lying in the storage area could be a hazard to health;
1.1.22 : “transshipment cargo” means the cargo, which fulfills the following conditions:-
a) the cargo is transshipped on the through bill of lading, dated at the port loading and showing that the destination is via the Port;
b) the cargo is discharged by the first carrier or lighter on the Wharf and remains in the custody of LLPM until it is transshipped;
c) the cargo is handled by LLPM or its agent within the storage area.
In the construction of these Terms and Conditions of Business, no condition nor any clause or paragraph of any condition shall be taken to derogate from the generality of any other condition clause or paragraph. Acceptance shall be deemed to create a distinct contract in respect of each such clause or paragraph such that if any clause or paragraph shall be found void, unenforceable or otherwise bad, the same shall not affect any other paragraph of any of these conditions. Headings are for convenience and shall not affect the interpretation of these conditions. Where the context permits singular means plural and male gender includes female and neuter gender. Whenever in these conditions there is reference to more than one person it shall be construed as a reference to such persons or any of them.
All business is conducted by LLPM subject to the exclusions and limitations of liability set out in Part 8 and 9. The liability of the port user and LLPM under these Terms and Conditions shall be deemed to operate in addition to and in no way derogate from any liability which but for these conditions would have arisen by contract, in tort, by statute or otherwise on the part of the port user or LLPM.
Part 2: Services In Relation To Vessels, Cargo And Containers
2.1 : The Master, owner or agent of every vessel intending to call at the Port shall, as early as possible and in any case not less than twenty-four hours prior to the estimated time of arrival, provide adequate notice in writing to LLPM of the expected time and date of arrival and provide information relating to such vessel in respect of vessel’s general particulars, ISPS Code details, and volume of cargo or containers anticipated as he may reasonably require. The port user providing such information shall ensure that the information is accurate and notify any proposed alteration as appropriate.
2.2 : Port users providing inaccurate information as regards to LOA, draughts, ISPS Code details, cargo and container details of vessels which lead to changes in the berthing schedules and delays to other vessels may be penalized in the manner determined by LLPM.
2.3 : A vessel may only be allocated a berth upon a written application made by the Master or agent of a vessel. The allocation of a berth shall be entirely at the discretion of LLPM and a vessel shall only be allocated berth based on the berthing procedures issued by LLPM or otherwise in the order of its arrival in port. LLPM may vary the order of berthing if it considers it advisable to do so from time to time.
2.4 : Notwithstanding all of the above, LLPM however is not responsible in the event where a vessel could not be berthed at the Port. LLPM also reserves the right to reject any application without stating any reason whatsoever.
Receipt and Delivery of Cargo and Containers
2.5 : The cargo owner or his agent shall provide LLPM with all necessary information and instructions including adequate notice relating to the conditions of containers and their contents and to other cargo which require special handlings and shall further undertake to cooperate fully with LLPM in arranging for speedy receipt and delivery of such cargo and or containers in accordance with the requirements of LLPM and or the relevant authorities.
2.6 : The Master or agent of a vessel shall submit inward cargo and container manifest to LLPM at least twenty-four hours before arrival of vessel. Such manifest shall contain all particulars as to gross weight, measurement, marks, numbers and contents of each package of cargo.
2.7 : For outward cargo or container the shipper shall convey to LLPM upon delivery of the cargo or container to the Port, name of vessel, ship’s call number, container number, commodity, size, type, weight, quantity, port of discharge, port of transshipment and holding temperature (if applicable).
2.8 : The shipper or his agent who has shipped cargo including transshipment cargo, shall submit a true copy of the outward manifest certified as being complete, of all cargo, including transshipment cargo, loaded within the Port within forty-eight hours of the departure of the vessel. It shall contain all particulars as to gross weight, measurements, marks, numbers and contents of each package of cargo.
2.9 : The shipper or his agent shall ensure that:-
2.9.1 : The cargo whether break bulk or containerized are properly packed and stowed in accordance with the best practice;
2.9.2 : The weight of the cargo in the container does not exceed the load limit of the container; and
2.9.3 : The container, cargo, packing and stowage comply with the Malaysian and international safety rules, regulations and requirements.
2.10 : Any alteration to the information contained in the documentation after presentation to LLPM and any additional services required by the port user shall be advised in writing.
2.11 : The shipper or his agent shall be responsible to LLPM in respect of any loss, damage, claim or expense from third parties arising from inaccurate, incomplete or an absence of information relating to weight and the nature of the cargo or container contents, or from incorrect stowage of containers where the port user has previously approved the order of loading.
2.12 : Port user shall provide, at his own cost, all materials necessary for securing containers and or other cargo on board the vessel. LLPM shall not be responsible for the security or damage to any lashing materials which may be left at the port facility from time to time.
2.13 : LLPM shall NOT be held responsible or liable in any manner whatsoever for any losses or damages occurred to the shipper or his agents’ loaded onto port user’s transport while still in the port facility which has been considered delivered but not taken out of the port facility.
Part 3 : General Descriptions And Conditions Of Services
3.1 : LLPM shall not be bound to accept containers containing cargo or any break-bulk cargo which cargo in either case is of high value or requires special care including but without limitation, bullion, coins, precious stones, jewelry, antiques and any other valuables. LLPM shall be entitled to impose such further terms and conditions (including but not limited to the effecting of appropriate insurance and the provision of appropriate security services) as LLPM in its sole discretion may think fit. Under no circumstances shall the port user deliver to LLPM any such cargo or container containing any such cargo without the prior written approval of LLPM. If such cargo or any container containing such cargo is delivered to LLPM without its prior written approval, such cargo will at all times are at the sole risk of the port user and LLPM shall not be liable for any loss or damage howsoever caused to such cargo.
3.2 : The tally given by LLPM for cargoes shall be deemed to be based upon the outward appearance only of the packages and shall bear the following endorsement “Received in apparent good order and conditions”, or as otherwise stated and LLPM shall not be accountable for weight, measurement, content, value or quantity.
3.3 : LLPM shall not be responsible for the wrong or non-delivery of goods which are not marked or erroneously or deficiently marked or which have numerous old or imperfectly erased marks thereon nor in cases where more than one consignment of goods of apparently similar character or appearance in the same vessel bear the same or similar marks.
3.4 : Damaged cargo/container shall be handled subject to the following condition:-
3.4.1 : Damaged cargoes and containers shall be surveyed jointly by the port users’ representative and LLPM and received by LLPM during daylight hours;
3.4.2 : Damaged packages or cargo are repaired, re-strapped or otherwise re-conditioned by the port user to the satisfaction of LLPM;
3.4.3 : Vessel discharging damaged cargoes alongside the wharf shall be required to discharge damaged cargoes at the end of each daylight working period except in the case of vessels leaving the port during the hour of darkness;
3.4.4 : Receipt of such cargoes shall be endorsed “damaged cargoes” to be surveyed by vessels’ agent and LLPM;
3.4.5 : Damaged containers shall be received only if they are able to be handled by the port’s equipment;
3.4.6 : A survey report in the form of an Equipment Interchange Receipt shall be issued for damaged containers received by LLPM and shall be based upon the outward appearance only of the container and LLPM shall not be accountable for contents or value and subject to all the clauses governing the relative Bill of Lading;
3.4.7 : Where damaged packages or containers have been surveyed in the LLPM premises, the consignees or agent of the vessel shall take the delivery at the first opportunity.
3.5 : Cargoes and containers which are subjected to Customs Examination requirement shall be advised to LLPM in the prescribed form. Any content taken for samples shall be declared to LLPM and shall be taken out from LLPM premises. Clear notification will be endorsed on the packages with the number of samples taken. In the case of containers, the door of the container must be closed and pad-locked after completion of custom examination. LLPM shall not be responsible for shortages of content for packages where samples were taken without their declaration made known to LLPM.
3.6 : Where permission have been obtained to open packages for Custom Sample, examination appraisement, survey or for other purpose by the owner of goods but goods still lie in the port premises shall be considered as delivery by LLPM and no subsequent claims for damage or shortage of contents shall be entertained.
3.7 : LLPM shall not be under obligation to provide sufficient space meant for storing or parking of container transporters loaded with inward container that have been considered delivered.
3.8 : Port users shall be responsible for providing tally clerks for the tallying of cargo during the stuffing / unstuffing activity into/from container at the container yard.
3.9 : Port users are not allowed to park their vehicles, trailers, prime movers, etc. at any area in the port premises other than at designated parking areas.
3.10 : Port users entering the Port shall observe all traffic rules and safety regulations at all times.
3.11 : LLPM shall be entitled to:-
3.11.1 : retain possession of any cargo passing through or stored at LLPM’s premises;
3.11.2 : retain possession of and prohibit from leaving LLPM’s premises until payment of all charges in respect of such cargo, or any previous cargo or vessel owned by the same person is made.
3.12 : If any services ordered from LLPM are cancelled other than because of default by LLPM, all fees for the same shall remain payable to LLPM and any refunds or credits shall be solely at LLPM’s discretion.
3.13 : LLPM shall not be responsible for the detention or delay of neither any vessel nor the shipment, discharging or loading cargo arising from any cause whatsoever.
3.14 : LLPM shall not be responsible for the detention or delay of neither any vessel nor the shipment, discharging or loading cargo arising from any cause whatsoever.
3.15 : LLPM will in no circumstances be responsible for any loss, damage or deterioration of any contents of packages due to any inherent defect, floods, effect of climate or any other water, chemical action, act of God, inherent or latent defect in its premises, floods, effect of climate or any other circumstances over which LLPM has no control or to any misfeasance, error of judgment, theft, negligence or default of any LLPM’s servants, agents, stevedores, laborers, surveyors, tally clerks or other persons, whether or not directly or indirectly employed by LLPM.
3.16 : Before the port user or any person brings onto the Port any vehicle, equipment or machinery, such person must obtain permission in writing from LLPM failing which such port user may be barred from entering and or operating within the port. Such port user shall also be liable for any damage done to LLPM’s property.
3.17 : Repairs to any engines of vehicle, equipment, machinery or other repairs within the port shall not be carried out unless approval in writing has first been obtained from LLPM. The port user shall be liable for damage done and loss suffered as a result of such repair activities and shall indemnify and keep indemnified LLPM, its servants and agents all consequences of such damage and loss.
3.18 : All cargo, containers and all documents relating to cargo and containers shall be subject to a particular and general lien respectively for charges due to LLPM in respect of such cargo and or containers from the port user. Legal proceedings to recover such charges may also be instituted.
3.19 : The port user shall procure that its employees, servants, agents and customers, with whom it has entered into any arrangement shall observe comply with and be bound by these Terms and Conditions. The special conditions in the Schedule Rate and Charges, and all rules and regulations applicable directly or indirectly in relation to any cargo and/or container handled by LLPM for or on its behalf or at its request for which the port user is instrumental in delivering to LLPM for handling.
3.20 : Every contract incorporating the Terms and Conditions shall be governed by and construed and interpreted in accordance with the laws in force in Malaysia and the parties hereby submit to the jurisdiction of the Malaysian Court.
3.21 : Any cost, expenses or liability which may be incurred by LLPM in complying with Government regulations requiring the movement, treatment, removal, destruction of any cargo or container condemned cargo, or in the treatment of the export premises or equipment as a result of any infestation or contamination arising there from, shall be the sole responsibility of the port user and shall forthwith be reimbursed to LLPM by the port user on demand.
3.22 : The circulars, information and guidelines to the port user issued by LLPM from time to time shall for and be construed as an integral part of these Terms and Conditions of Business.
3.23 : The port user shall ensure that each port user’s visitor to port facility at all times abides by the rules and regulations promulgated or enforced from time to time by the relevant authority and/or LLPM regarding the conduct of persons within the Port and shall indemnify and keep indemnified at all times LLPM from and against all actions, proceedings and claims whatsoever brought against LLPM and or costs and expenses incurred by LLPM which arise directly or indirectly from the actions or omissions of any port user’s visitor causing or relating to any of the following matters:-
3.23.1 : loss of life or personal injury or illness to any port user’s visitor;
3.23.2 : loss of or damage to the property of any port user’s visitor or LLPM;
3.23.3 : loss of life or personal injury or illness to any person who may be directly or indirectly attributable to the negligence of any port user’s visitor; or
3.23.4 : loss of or damage to the property of any person which may be directly or indirectly attributable to the negligence of any port user’s visitor;
3.23.5 : consequential loss arising from any of the sub-clauses 3.23.1 to 3.23.4 above
Part 4 : Port Security
4.1 : All port users and any persons entering the Port shall, at all times, observe all PORT security rules and regulations in accordance with the requirements of the ISPS Code including but not limited to the following:-
4.1.1 : To present a valid Port Pass at the entrance of the Port via the Main Gate of the wharf. In the case of a visitor, a valid photo ID shall be retained in exchange for a Visitor’s Pass. A ship’s crew shall present and carry a valid Seaman Card while at the Port;
4.1.2 : To wear and display such Pass at all times while being at the Port and to present it to LLPM’s security personnel when requested;
4.1.3 : To observe all security rules and regulations relating to access control, personal conduct, handling of vehicles and equipment, handling of cargo, delivery of ship’s store, berthing and sailing of vessels, visits to vessels, and standing orders;
4.1.4 : To observe all safety rules and regulations.
4.2 : LLPM shall have the absolute right to approve or reject or impose limiting conditions on applications by port user, persons or vehicles to enter and or operate within the Port or to rescind any earlier approval as it deems fit on security reasons.
4.3 : Subject to the provisions of the ISPS Code, LLPM’s security personnel is entitled to conduct security check on a container, cargo, vehicle or belongings of port user or any persons entering and or operating within the Port.
4.4 : LLPM may refuse entry to, limit movement of, evict and or act appropriately against:-
4.4.1 : any person reasonably supposed to be under the influence of alcohol or behaving in a disorderly manner;
4.4.2 : any person suffering from any infectious or contagious disease;
4.4.3 : any person who has in his possession any dangerous, offensive, illegal or prohibitive items;
4.4.4 : any person who has breached the port safety and security rules and regulations; and
4.4.5 : any person who, in the opinion of LLPM, poses a security threat to the Port.
4.5 : In the case of emergencies, port users and all persons within the Port shall observe and comply with directions made by LLPM’s security personnel and or any other authority responding to the emergency situation.
4.6 : Any port user or person seeking exemption or relaxation to any security rules and regulations may do so in writing and LLPM, through its Port Facility Security Officer shall have the absolute right whether to grant or reject such request without stating any reasons whatsoever.
Part 5 : Schedule Of Rates And Chargers
5.1 : Port user shall be responsible and liable to pay LLPM in Malaysian currency for:-
5.1.1 : all dues and charges for services rendered by LLPM to the port user as specified in the Schedule of Rates and Charges;
5.1.2 : any cost and expenses which may be incurred by the port user to LLPM in complying with any Government regulations requiring the movement, treatment, removal or destruction of dangerous or obnoxious goods, infested, contaminated or condemned goods or treatment of the LLPM’s premises as a result of any infestation or contamination arising from such goods;
5.1.3 : any cost and expenses incurred by LLPM arising out of or incidental to the failure by the port users to observe these Terms and Conditions within thirty (30) days of receipt of invoice from LLPM; and
5.1.4 : Any other charges not specified above.
Part 6 : Finance
Port users, whose expected volumes of business with LLPM exceed RM 5,000.00 a month, shall maintain an account with LLPM.
6.1 : Port users, whose expected volume of business with LLPM do not exceed RM 5,000.00 a month may or may not choose to open ledger account with LLPM.
6.2 : If credit facilities are made available to the port users, account in respect of such facilities shall be settled within a period of (30) days from the date of the invoice. For account that are not settled within the period, LLPM shall have the right to act as follows:-
6.2.1 : LLPM may notify the port user to pay relevant invoices within one (1) week of such notice, falling which the port user will incur an agreed liquidated sum at a rate of five percents (5%) per month or part thereof, calculated on the amounts outstanding from the expiry date of the said one (1) week;
6.2.2 : as long as the invoices mentioned under clause 6.2.1 has not been paid by the port user, LLPM will have the right to demand payment in advance for each vessel calling or before any works commence from the respective dates of notifications;
6.2.3 : Without prejudice to the provision of clauses 6.2.1 and 6.2.2 above LLPM may exercise its right to retain possession under clause 3.11 of Part III.
6.3 : As security for payment in respect to all services and charges rendered by LLPM, LLPM may request port users to provide appropriate bank guarantees for such amounts as shall be agreed from time to time by LLPM.
Part 7 : Action To Sell Cargo Remaining In Custody
Action to sell cargo:-
7.1 : For any cargo which has been placed in the custody of LLPM and is not removed from the premises of LLPM within a period of forty-five (45) days from the time when the cargo is placed in custody, LLPM may at the expiration of said period arrange with the Royal Custom and Excise Department to sell any or all of the cargo which is still in its custody, Provided That:-
7.1.1 : In the case of cargo which a through Bill of Lading has been issued there shall be substituted a period of sixty days for the period of forty-five days referred to in this sub-section; and
7.1.2 : If the cargo is of a perishable nature, LLPM may direct their removal within such shorter period not being less than 24 hours after the landing thereof as LLPM may think fit, and the said power of sale be executed by the Royal Customs and Excise Department at the expiration of such period.
7.2 : The proceeds of sale shall be applied as follows and in the following order:-
7.2.1 : Firstly, in payment of any duty and taxes payable to the Government of Malaysia;
7.2.2 : Secondly, in payment of expenses of sale;
7.2.3 : Thirdly, in payment of rates, charges and expenses due to LLPM, in respect of the cargo; and
7.2.4 : Fourthly, in payment of freight nbsp;nbsp;/divand other cla/div/divdiv class=ims or liens to the person entitles thereon on demand, and in case no such demand is made within three month from the sale of cargo, by paying the surplus to the general account of LLPM, whereupon all right to the same by that person shall be forfeited.
Part 8 : Limitation Of Liability
8.1 : LLPM as bailee shall not be liable for any or damage (whether direct or consequential), cost, expenses, injury or death of whatsoever nature or kind and howsoever sustained or occasioned and whether to property or persons unless it can be proven that any losses caused by the actual fault or negligence of LLPM or its servants or agents (and any employee thereof) and in that event the liability of LLPM shall in no case exceed the sum stated herein:-
8.1.1 : Physical Loss of Damage to Container
In respect of physical loss or damage to container LLPM shall pay the depreciated value of the container or the reasonable costs of repair, whichever is the lesser, PROVIDED ALWAYS that:-
a) the liability of LLPM under this paragraph (8.1.1) shall not exceed the aggregate RM2,000.00 for a 6.1 meter (twenty-foot equivalent) dry container; RM3,000.00 for any other dry container; RM4,000.00 for a 12.2 meter insulated, refrigerated or tank container in respect of any one incident or series of related incidents occurring in connection with or consequent upon one event; and
b) LLPM shall deduct from payment to be made by it pursuant to this paragraph (8.1.1) the sum of RM 500.00 for each incident or series of related incident.
8.1.2 : Physical Loss of Damage to Cargo
In respect of physical loss or damage to cargo stored at the storage area, LLPM shall pay the F.O.B value of any loss or the reduction in value of any cargo damaged PROVIDED ALWAYS that:-
a) the liability of LLPM under this paragraph (8.1.2) shall not in any event exceed in the amount paid by the port user in respect of such loss or damage pursuant to the Bill of Lading or other contract of carriage, whichever is the lesser;
b) notwithstanding sub-paragraph a) above, the liability of LPPM under this paragraph (8.1.2) shall not in any event exceed the aggregate RM100,000.00 in respect of any one incident or series of related incident occurring in connection with or consequent upon one event; and
c) LLPM shall deduct from payment to be made by it pursuant to this paragraph the sum of RM 3,000.00 for each incident or series of related incidents.
d) the liability of LLPM under this paragraph (8.1.2) shall not in any event exceed in the aggregate RM 15,000.00 in respect of any one incident or series of related incident occurring in connection with or consequent upon one event; and
e) LLPM shall deduct from payments to be made by it pursuant to this paragraph the sum of RM 3,000.00 for each incident or series of related incidents.
f) Submission of relevant documents is required.
8.1.3 : Physical Loss of Damage to Property
In respect of physical loss or damage to any property within the storage area not otherwise referred in paragraphs 8.1.1 and 8.1.2 above, LLPM shall pay the depreciated value of such property or the reasonable costs of repair, whichever is the lesser PROVIDED ALWAYS that:-
a) the liability of LLPM under this paragraph (8.1.3) shall not in any event exceed the aggregate RM15,000.00 in respect of any one incident or series of related incidents occurring in connection with or consequent upon one event; and
b) LLPM shall deduct from payment to be made by it pursuant to this paragraph the sum of RM 3,000.00 for each incident or series of related incidents.
c) Submission of relevant documents is required.
8.1.4 : Death, Injury or Illness
In respect of death, injury or illness occurring within the LLPM’s premises PROVIDED ALWAYS that the liability of LLPM shall not in any event exceed the aggregate RM100,000.00 in respect of any one incident or series of related incident occurring in connection with or consequent upon one event.
8.2 : The port user shall indemnify LLPM against all liabilities incurred by LLPM pursuant to clause 8.1 of Part VIII above to the extent that such liability exceeds the financial limits therein prescribed.
8.3 : In cases where liability attaches pursuant to these conditions to more than one party can be defined as the port user, such liability shall be joint and several and may be enforced against any or more parties.
8.4 : The port user undertakes that no claim be made against any employee or agent of LLPM which imposes or attempts to impose upon any of them any liability whatsoever in connection with the cargo, containers or vehicles and if any such claim should nevertheless be made, to indemnify LLPM against all consequences thereof.
8.5 : Without prejudice to the foregoing, every such employee or agent shall have the benefit of all provisions herein, as if such provisions were expressly for their benefit. In entering into this contract, LLPM, to the extent of those provisions, does so not only on his behalf, but as agent and trustee for such employees and agents.
8.6 : The port user shall defend, indemnify and hold harmless, LLPM, its servants or agents, from and against any and all claims, demands, losses, damages, liabilities, costs, expenses and other obligations whatsoever including interest, penalties and legal fees incurred by LLPM, arising or resulting from, or relating to the rendering of port services to the port user where such loss occurred without the fault or negligence of LLPM, its servants or agents.
8.7 : All claims in respect of any losses, damages, costs or expenses must be made to LLPM by the port user in writing setting out particulars thereof within forty-eight (48) hours from the time of occurrence causing such losses, damages, costs, expenses, death or injury failing which LLPM, its servants or agents shall be discharged from all liability in respect of such losses, damages, costs, expenses, death or injury unless suit is brought within six (6) years if the aforementioned occurrence.
Part 9 : Exclusions Of Liability
9.1 : Notwithstanding anything herein before contained, LLPM shall not in any event be liable for:-
9.1.1 : death of or injury or illness to persons or loss of or damage to any vehicle, equipment, container or cargo arising from:-
a) storm, tempest, flood, act of God, act of war, civil war, hostilities, acts of terrorists;
b) fire, lightning or explosion;
c) criminal or tortuous acts by persons known or unknown other than LLPM or its servants;
d) inherent liability due to wastage in bulk weight, latent defects, contamination or inherent defects, vice or natural deterioration of cargo;
e) ullage or leakage from tank or pipelines;
f) any failure or malfunction of insulated (reefer) containers, refrigeration equipment and gaseous refrigerants, rust, damage or deterioration caused by rain, exposure or other action of climate conditions, or by any other gradually operating cause;
g) failure to forward, misforwarding and delay in forwarding or misdelivery, non-delivery or delay in delivery;
h) loss of a particular market;
i) the act of omission of the port user or the owner of the containers or cargo or their respective servants, agents or sub-contractors;
j) defective or malfunctioning twist locks;
k) acts of government or of any semi-government port or other authority;
l) any other acts or circumstance beyond the reasonable control of LLPM.
9.1.2 : damage to containers of the following nature which shall be presumed conclusively not to have been caused by the negligence of LLPM its employees or agents, namely:-
a) Roof rails; damage thereto within 60cm of the corner castings in any direction;
b) Roof Puncture: within 60 cm radius of the corner castings;
c) Door moldings: cracked or split door molding without evidence of physical damage;
d) Container walls, door, floor or roof: bulging or warping caused by incorrectly loaded or inadequately secured cargo or by uneven distribution of cargo.
9.1.3 : Loss of or damage to containers or cargo or delay in connection with the vessel, containers or cargo or their delivery or any detention of vessel, containers or cargo arising as a consequence of any industrial action or any action taken pursuant to such industrial action, including (without prejudice to the generally of the foregoing) strikes, lockouts, stoppage and restraint of labor, labor bans, overtime and work bans and limitations, demarcation disputes, go-slow and work-to-rule.
9.1.4 : Any injury to or death of any person or loss of or damage to any property otherwise than in the circumstances and to the amount not exceeding the limits respectively set out in clause 8.1 (8.1.1 to 8.1.4) of Part VIII and, without prejudice to the generality of the foregoing, any injury to or death of any person caused or contributed to by a container or cargo or any inherent vice thereof or caused or contributed by the storage, carriage, handling or other dealings with a container or cargo by persons other than LLPM or its employees or agent, or Contractor and the port user hereby indemnifies and shall keep indemnified LLPM, its employees, agents and contractors (any employee thereof) against all actions, proceedings and claims whatsoever made against them in connection with or arising out of or in any way incidental to such injury, death, loss or damage in the above circumstances.
Part 10 : Rules For Dangerous And Obnoxious Goods
10.1 : For the purpose of these Terms and Conditions "Dangerous Goods" means all goods defined as dangerous or hazardous by any Statue, Statutory Instrument or Order, any Regulation or Recommendation made by the Government or the relevant authorities or by any local by-laws relating to the handling, storage or carriage of goods; likewise all goods which although not so defined, are known to have properties likely to endanger life or property.
There shall apply to Dangerous Goods tendered to LLPM:-
10.2.1 : the provision of the International Maritime Dangerous Goods Code (IMDG Code) standards as amended from time to time;
10.2.2 : other relevant Acts, rules and regulations pertaining to Malaysia;
10.2.3 : all provision relating to the carriage of goods by road or sea, contained in any Statutory Instrument or Order made pursuant to the above Acts or in any International Convention or Agreement or otherwise regulations and recommendations made by the Government or other relevant authorities and local by-laws.
the port user shall be responsible for ensuring that all provisions referred to in sub-clause 10.2 hereof are complied with.
10.3 : Dangerous Goods shall not be presented to LLPM unless has first been obtained. For this purpose, applications for permission shall be made by submitting to LLPM copies of the prescribed statutory forms stating clearly the nature of the goods, the IMDG Code, Class No., UN No., if applicable, the flash point, if any, the method of packing and any other material details which may be required by LLPM or by any authority pertaining to the carriage of dangerous goods.
10.4 : For the purpose of these Terms and Conditions "Obnoxious Goods" means any of the following kinds of goods which are not included in the category of Dangerous Goods:-
10.4.1 : the provision of the International Maritime Dangerous Goods Code (IMDG Code) standards as amended from time to time;
10.4.2 : Substances which will taint other goods or containers in close proximity;
10.4.3 : Substances which damage other goods by contact or by sifting e.g. carbons, graphite, white pigment, greases and other "dirty goods";
10.4.4 : Hydroscopic or deliquescent goods in a moist or wet condition such as hides;
10.4.5 : Goods liable to infestation by insects, mites, weevils or grubs or any other cause which might require fumigation;
10.4.6 : Goods of liquid or semi-solid nature and goods liable to liquefy with a rise in temperature such as reasonably could be foreseen; or
10.4.7 : Any other goods, which in the opinion of LLPM, are likely to adversely affect other goods or containers or to present any special difficulties in handling.
10.5 : Obnoxious goods shall not be presented to LLPM unless permission has first been obtained. For this purpose, application for permission shall be made by submitting all relevant details that may be required by LLPM or any lawful authority pertaining to the carriage of obnoxious goods.