bimco clauses(Himalaya Clauses)

Himalaya Clauses

(A) For Inclusion in Passenger Tickets:

"By accepting or receiving this ticket, each passenger agrees without prejudice to its other provisions and both on his or her behalf and on behalf of any person or child travelling with him or her or in his or her care that neither the Captain, Officers, Crew and other personnel of the vessel named in this ticket or of any vessel owned or in the service of the Company nor any person employed by the Company at any time before, during or after the contemplated voyage shall be liable in respect of anything he may negligently do or omit to do in the course of or in connection with his employment which shall cause loss, damage or injury (whether fatal or otherwise) to the person and/or property of such passenger, person or child as aforesaid. For the purpose of the agreement expressed in this Clause, the Company shall be deemed to contract on behalf of and for the benefit of all persons who are or may be its servants or agents from time to time and all such persons shall to this extent be or be deemed to be parties to the Contract contained in or evidenced by this ticket."

(a) For inclusion in Passenger Tickets:

"All limitations, exceptions and conditions herein contained as to the liability of the Carrier shall apply also to the liability, if any, of his agents, vessels, employees and other representatives, and also to the liability, if any, of the owners, vessels, agents, employees and other representatives of any substituted vessel."

(B) For inclusion in Bills of Lading:

Either
"It is hereby expressly agreed that no servant or agent of the carrier (including every independent contractor from time to time employed by the carrier) shall in any circumstances whatsoever be under any liability whatsoever to the Shipper, Consignee or Owner of the goods or to any holder of this Bill of Lading for any loss, damage or delay of whatsoever kind arising or resulting directly or indirectly from any act, neglect or default on his part while acting int the course of or in connection with his employment and, without prejudice to the generality of the foregoing provisions in this Clause, every exemption from liability, defence and immunity of whatsoever nature applicable to the carrier or to which the carrier is entitled hereunder shall also be available and shall extend to protect every such servant or agent of the carrier acting as aforesaid and for the purpose of all the foregoing provisions of this Clause the carrier is or shall be deemed to be acting as agent or trustee on behalf of and for the benefit of all persons who are or might be his servants or agents from time to time (including independent contractors as aforesaid) and all such persons shall to this extent be or be deemed to be parties to the contract in or evidenced by this Bill of Lading."

Or

"The terms of this Bill of Lading constitute the contract of carriage, which is between the shipper and the owner or demise charterer of the ship designated to carry the goods. It is understood and agreed that, other than said shipowner or demise charterer, no person, firm or corporation or other legal entity whatsoever (including the master, officers and crew of the vessel and all agents and independent contractors) is, or shall be deemed to be, liable with respect to the goods as carrier, bailee or otherwise howsoever in contract or in tort. If however, it shall be adjudged that any other than said shipowner or demise charterer is carrier or bailee of the goods or under any responsibility with respect thereto, all limitations of and exonerations from liability provided by law or by the terms hereof shall be available to such other."

(b) For inclusion in Bills of Lading:

"All limitations of liability and other provisions herein contained shall inure not only to the benefit of the Carrier, his agents, vessels, employees and other representatives but also to the benefit of any independent contractor performing services to the goods."

bimco clauses(Himalaya Clauses)

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