The Applicable Laws shall apply and unless otherwise expressly agreed in the Contract, liability of SKIPPEX shall be determined by AÖSp 2017 (§51-§63)
9.2. Indemnities by Customer
9.2.1 Customer shall indemnify SKIPPEX against:
220.127.116.11 all liabilities, losses, damage, claims, demands, costs and expenses incurred or suffered by SKIPPEX: (a) that arise out of SKIPPEX acting in accordance with Customer’s instructions; or (b) that arise out of or in connection with any breach by Customer of any obligation or warranty in the Contract or from the negligence of Customer, its directors, officers, employees, subcontractors or agents; and
18.104.22.168 all claims and demands whatsoever and by whomsoever (including by any Consignee, Owner or other third party) made or preferred in excess of the liability of SKIPPEX under the Contract, regardless whether such claim or demand arises from or in connection with any breach of contract or negligence or other wrongdoing on the part of SKIPPEX, its directors, officers, employees, subcontractors or agents, and against all liabilities, losses, damage, costs and expenses arising out of or in connection with such claims and demands.
9.2.2 SKIPPEX shall without undue delay give to Customer notice in writing if SKIPPEX becomes aware of any circumstances, including any claim or demand, in respect of which SKIPPEX may seek indemnification under Clause 9.2.1.
9.2.3 SKIPPEX shall deal with and control the handling and resolution of any circumstances, including any claim or demand, in respect of which SKIPPEX seeks indemnification under Clause 9.2.1, in consultation with Customer to the extent SKIPPEX considers appropriate. Customer shall provide to SKIPPEX all such cooperation in relation thereto as SKIPPEX may reasonably require.
9.3. Force Majeure
9.3.1 Subject to Clause 9.3.2, neither Party shall be considered in breach of the Contract, or liable for any loss or damage which may be suffered by the other Party, as a direct or indirect result of the performance of any of the first Party’s obligations under the Contract being prevented, hindered or delayed by reason of strike, lock-out, stoppage, restraint of labour, government action, war, terrorism, storm or any other circumstances or events beyond such first Party’s reasonable control (Force Majeure).
9.3.2 A Party affected by Force Majeure shall:
22.214.171.124 promptly notify the other Party in writing of the Force Majeure and the actual or expected effects of it; and
126.96.36.199 use all reasonable efforts to resume performance and continue performance of the affected obligations.
9.3.3 If a Party’s performance of its obligations under the Contract is affected by Force Majeure for a period of 28 days or more, then the other Party shall be entitled to terminate the Contract by giving to the affected Party written notice of termination having immediate effect.
9.4. Time limits for claims
Any claim by Customer against SKIPPEX arising in respect of any Services must be made in writing and notified to SKIPPEX within 14 days of the date upon which Customer became or should have become aware of any event or occurrence alleged to give rise to such claim, and any claim not so made and notified shall be deemed to be waived and absolutely barred except in the case that Customer can show that it was impossible for it to comply with this time limit and that it has made the claim as soon as it was reasonably possible for it to do so. Notwithstanding the immediately preceding sentence, SKIPPEX shall in any event be discharged of all liability whatsoever howsoever arising in respect of any Services provided (or which should have been provided) unless the applicable claim is issued and written notice thereof given to SKIPPEX within nine months from the date of the event or occurrence alleged to give rise to a cause of action against SKIPPEX.
The Costumer will make his own arrangements to insure the shipment to its full value against all appropriate risks. SKIPPEX will not effect any insurance on behalf of Customer. However, if requested by Customer, SKIPPEX may agree to arrange enhancements to its own insurance cover as it applies to risks and liabilities in connection with the Services, and to accept increases in the limits of its liability under the Contract accordingly. Any such increases will be effective only if agreed in writing by a duly authorised representative of SKIPPEX, and subject to SKIPPEX (on the basis it shall use reasonable efforts to do so) obtaining the applicable payment from its insurers in the event of a claim. SKIPPEX shall be entitled to charge Customer the cost of effecting the applicable enhancements to SKIPPEX’s insurance cover as above, plus a reasonable administrative fee.