18 Should the Customer otherwise than under special arrangements
previously made in writing as set out in Clause 15 above deliver
to the Company or cause the Company to deal with or handle
goods of a dangerous or damaging nature, or goods likely to
harbour or encourage vermin or other pests, or goods liable
to taint or affect other goods, he shall be liable for all
loss or damage arising in connection with such goods and shall
indemnify the Company against all penalties, claims, damages,
costs and expenses whatsoever arising in connection therewith,
and the goods may be dealt with in such manner as the Company
or any other person in whose custody they may be at any relevant
time shall think fit.
19 The Customer undertakes that no claim shall be made against
any Director, Servant, or Employee of the Company which imposes
or attempts to impose upon them any liability in connection
with any services which are the subject of these Conditions
and if any such claim should nevertheless be made, to indemnify
the Company against all consequences thereof.
20 The Customer shall save harmless and keep the Company indemnified
from and against:-
(A) All liability, loss, damage, costs and expenses whatsoever
(including without prejudice to the generality of the foregoing,
all duties, taxes, imposts, levies, deposits and outlays of
whatsoever nature levied by any authority in relation to the
goods) arising out of the Company acting in accordance with
the Customer's instructions or arising from any breach by
the Customer of any Warranty contained in these Conditions
or from the negligence of the Customer, and
(B) Without derogation from Sub-Clause (A) above, any liability
assumed or incurred by the Company when by reason of carrying
out the Customer's instructions the Company has reasonably
become liable or may become liable to any other party, and
(C) All claims, costs and demands whatsoever and by whomsoever
made or preferred in excess of the liability of the Company
under the terms of these Conditions regardless whether such
claims, costs and demands arise from or in connection with
the negligence or breach of duty of the Company, its Servants,
Sub-Contractors or Agents, and
(D) Any claims of a General Average nature which may be made
on the Company.
21(A) The Customer shall pay to the Company in cash or as
otherwise agreed all sums immediately when due without reduction
or deferment on account of any claim, counterclaim or set-off.
(B) In respect of all sums which are overdue with reference
to the Late Payments (Interest) Act 1998 the Customer shall
be liable to pay to the Company interest calculated at 8%
above the prevailing Base Rate of the London clearing banks.
22 Despite the acceptance by the Company of instructions to
collect freight, duties, charges or other expenses from the
Consignee or any other person the Customer shall remain responsible
for such freight, duties, charges or expenses on receipt of
evidence of proper demand and in the absence of evidence of
payment (for whatever reason) by such Consignee or other person
when due.
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