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5. Rights and Obligations of the Company
(Ⅰ)General provisions
5.1 Unless otherwise previously agreed in writing, the Company is authorized to enter into contract on its own behalf or on behalf of the Customer for the following matters, without notice to the Customers:
(1) selecting the carrier, mode and route of transport for the goods;
(2) selecting whether to containerize the goods or not and whether to carry the goods on deck or not;
(3) for the storage, packing, unpacking, transshipping or otherwise handling of the goods;
(4) other arrangements in pursuance to the Instructions of the Customer or as deemed necessary by the Company.
5.2 The Company is authorized (but is not obliged) to depart or deviate from the Customer’s Instructions in any respect if in the opinion of the Company such departure or deviation is necessary or desirable in the Customer’s interests. The Company shall in any time comply with the instruction or orders of the governmental departments and the Company’s responsibility for the Goods shall cease at the time of delivery or otherwise handling of the goods as per the above instructions and orders.
5.3 The Company is authorized by the Customer to act and the Company is not required, unless specifically requested by the Customer in writing, to inform the Customer of details of acts taken by the Company.
5.4 At any time when the Company deems that impediment, risks, delay or disadvantage is or likely to be affecting its performance of the obligations and the Company does not have reasonable methods to avoid the same, the Company may terminate the performance of obligations by giving a written notice to the Customer. The Company may hand over all or part of the goods to the Customer for control at any place the Company deems convenient and the Company’s responsibility for the goods shall cease till then. The Customer shall, upon request, pay the expenses additionally incurred by the Company for carrying, delivering and storing the goods at the above place and other relevant expenses.
5.5 If delivery of the goods or any part thereof is not taken by the Customer at the time and place notified by the Company, the Company shall be entitled to store the goods or any part thereof at the sole risk of the Customer, whereupon any liability which the Company may have in respect of the goods or that part thereof stored as aforesaid shall wholly cease.
5.6 The Company is entitled (but not obliged) to sell or dispose of all or part of the Goods at the sole risk and expense of the Customer under any of the following circumstances:
(1)The Company has given a written 21-day notice to the Customer when the Company at its sole discretion deems that all the Goods can not be delivered as instructed:
(2)The Goods have perished or deteriorated 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 other persons or properties.
5.7 The Company shall not be under any liability for the date of arrival or departure of the Goods, except and unless under special arrangement previously made in writing.
(Ⅱ) Where the Company contracts on behalf of the Customer
5.8 Where the Company acts as agent, the Company is entitled to enter into a contract on behalf of the Customer on the name of the Customer in the name of the Customer or in its own name with any third party. The contract thus concluded shall have direct binding effect on the Customer and the third party.
5.9 Where the Company act as agent, the Company shall not be liable for the loss of the Customer unless and except to the extent that the loss is caused by the negligence of the Company.
5.10 Where the Company acts as agent, the Company shall not be liable for the loss caused by the acts or omissions of the third party including but not limited to the carriers, warehousemen, stevedores, railway bureau and truckmen, unless the Company has not acted diligently in selecting, instructing and supervising the third party.
(Ⅲ) Where the Company contracts as principal
5.11 The Company acts as principal when undertaking carriage with its own means of transport or concluding agreement and issuing transport document in the name of carrier. The responsibility period of the Company as the multimodal transport operator with respect to the goods under multimodal transport contract covers the period from the time of taking the goods in its charge to the time of their delivery. The responsibility of the Company shall be determined by the principle of “network liability”, subject to the laws and regulations governing a special section of the multimodal transport. Where the Customer accepts the transport document issued by persons other than the Company and fails within a reasonable time to demand the Company to bear the responsibility as the principal, the Company shall no longer bear the responsibility as the principal.
5.12 Where the Company contracts as principal it shall be responsible for the acts and omission of the third party employed by the Company in undertaking the carriage contract or other services as if such acts and omission are done by the Company itself.
5.13 The operation of the 5.12 dose not preclude the Company from the benefits of the exceptions and liability limitation under the laws and these Conditions.

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