User's Warranties. 4.6.1 The User warrants and represents that: (a) it is authorised to contract with the Terminal Operator on the terms of these Standard Conditions in respect of the Container Ship, the Cargo and the Containers, and that it is accepting these Standard Conditions not only for itself, but also as agent for and on behalf of the owners of the Container Ship (if it is chartered by the User), Cargo and Containers or any other person who is or may become interested in the Cargo; (b) all the documentation and information provided by the User or its representatives in relation to any Cargo and/or Containers is full and accurate. 4.6.2 In respect of all Cargo and Containers, the User warrants and represents that they: (a) are properly and sufficiently prepared, packed, stowed, labelled and/or marked, and that the preparation, packing, stowage, labelling and marking are appropriate to any operations or transactions affecting the Cargo and the Containers; (b) are liable to give off any injurious dust, gas, fumes, liquid or radiation; (c) are not infested, verminous, rotten or subject to fungal attack and not liable to become so while at the Container Terminal; (d) are not over-heated or under-heated or liable to become so while at the Container Terminal; (e) will not contaminate or cause danger, injury or pollution or damage to any person, the Container Terminal, any other cargo, equipment or ship or the environment adjacent thereto or generally; (f) require for their safekeeping no special protection (other than as may be agreed in writing between the parties) arising from vulnerability to heat, cold, moisture, salt, pilferage or proximity to other cargo or from inflammability but will remain safe if left standing in the open or in covered accommodation at the Container Terminal if agreed in writing with the Terminal Operator; (g) contain no drugs, prohibited or stolen goods, contraband, pornographic or other illegal matter; and (h) are fit for their intended purpose and in a fit and proper condition to be handled or otherwise dealt with by the Terminal Operator.
Appears in 2 contracts
Sources: Terminal Services Agreement, Terminal Services Agreement