(i)
on 28 days notice in writing to the Customer, or (where the
Customer cannot be traced and reasonable efforts have been
made to contact any parties who may reasonably be supposed
by the Company to have any interest in the goods) without
notice, any goods which have been held by the Company for
90 days and which cannot be delivered as instructed; and
(ii) without prior notice, goods which have perished, deteriorated
or altered or are in immediate prospect of doing so in a manner
which has caused or may reasonably be expected to cause loss
or damage to the Company or Third Parties or to contravene
any applicable laws or regulations.
11(A) No Insurance will be effected except upon express instructions
given in writing by the Customer and all Insurances effected
by the Company are subject to the usual exceptions and conditions
of the Policies of the Insurance Company or Underwriters taking
the risk. Unless otherwise agreed in writing the Company shall
not be under any obligation to effect a separate Insurance
on each consignment but may declare it on any open or general
Policy held by the Company.
(B) Insofar as the Company agrees to effect Insurance, the
Company acts solely as Agent for the Customer. The limits
of liability under Clause 27(A)(ii) of these Conditions shall
not apply to the Company's obligations under Clauses 11(A)
and (B).
12(A) Except under special arrangements previously made in
writing or under the terms of a printed document signed by
the Company, any instructions relating to the delivery or
release of goods in specified circumstances only, such as
(but without prejudice to the generality of this Clause) against
payment or against surrender of a particular document, are
accepted by the Company where the Company has to engage third
parties to effect compliance with the instructions, only as
Agents for the Customer.
(B) The Company shall not be under any liability in respect
of such arrangements as are referred to under Sub-Clause (A)
hereof save where such arrangements are made in writing.
(C) In any event, the Company's liability in respect of the
performance or arranging the performance of such instructions
shall not exceed the limits set out in Clause 27(A) (ii) of
these Conditions.
13 Advice and information, in whatever form it may be given,
is provided by the Company for the Customer only and the Customer
shall not pass such advice or information to any Third Party
without the Company's written agreement . The Customer shall
indemnify the Company against all loss and damage suffered
as a consequence of any breach of this Condition by the Customer.
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