"ملف ٣٧/١٦أ- I تدابير مكافحة الجراد الصحراوي" [ظ‎‎٩‎٠] (٩٠٠/١٨٠)

When and so long as a state of War exists rendering the voyage unsafe or
impracticable or the vessel or her cargo in danger of capture or deten
tion or delay and/or so long as any control over the use or movements
of the vessel is exercised by any Government or other Authorities,
and/or the insulated or other space on this vessel is requisitioned or
controlled, the Company and/or its Agents and/or the Master may
(if such state of war, control or requisition makes it reasonable so to
do) at any time before or after the commencement of the voyage alter
or vary or depart from the proposed or advertised or agreed or
customary route and/or delay or detain the vessel at or off any port or
place and/or tranship the cargo at any port or ports place or places
without being liable for any loss or damage whatsoever directly or
indirectly sustained by the Owner of the goods. The ship in addition
to any liberties expressed or implied herein, shall have the liberty to
comply with any orders or directions as to departure, arrival, routes,
ports of call, stoppages, transhipment, discharge or destination, zones,
waters, delivery or otherwise howsoever (including any direction or
recommendation not to go to the port of destination or to delay
proceeding thereto or to proceed to some other port) given by the
Government under whose flag the vessel sails or any other Government
or local authority including any “ de facto ” Government or local
authority or by any belligerent or by any State or organised body
engaged in civil war, hostilities or warlike operations or by any person
or body acting or purporting to act as or with the authority of any
such Government, authority or organised body or by any Committee
or person having under the terms of the War Risks Insurance on the
► Ship the right to give such orders or directions. If by reason of and
. in compliance with any such orders or directions and/or any option
herein contained or referred to anything is done or is not done, the
same shall not be deemed a deviation. The vessel is free to carry
contraband, explosives, munitions, or warlike stores, and may sail
armed or unarmed.
If by reason of the exercise of any option herein contained or of or in
compliance with any direction or recommendation above mentioned the
vessel does not proceed to the port or ports originally designated or to
which she may have been ordered pursuant to the terms of this Bill of
Lading the vessel may proceed to any safe port which the Company
or Master in its or his discretion decide upon and there discharge the
cargo. In the event of the cargo being so discharged at any port
under the provisions of this clause or of the “ blockade ” clause of this
Bill of Lading, such discharge shall be deemed to be due fulfilment
of the Company’s obligations under this Bill of Lading and the
Company shall be entitled to freight as if the discharge had been duly
efiected at the Port or Ports originally designated or to which the
Vessel may have been ordered pursuant to the terms of the Bill of
Lading. All extra expenses involved in reaching and discharging the
cargo at any such other port shall be paid by the Owners of the goods
and/or the consignees and the Company shall have a lien on the cargo
for freight and all such expenses.
The rights liberties and immunities conferred upon the Shipowners by the
War Clauses in this Bill of Lading shall additionally be exercisable
(but only if it is reasonable so to do) in the event of sanctions being
- v imposed and/or measures being taken by any Government under the
Covenant of the League of Nations and again additionally to the
Shipowners’ rights anything done or not done in compliance with this
Clause and the said War Clauses is agreed to be within the contract
voyage and the owners of the goods and/or the consignees thereof
shall pay the full freight stipulated herein if not prepaid and if prepaid
the Shipowners shall be entitled to retain the same.
All the rights, powers,' liberties and immunities conferred upon the
Shipowners and/^r-upon the ship in this clause shall, in all cases where
cargo is accepted for transhipment and oncarriage,’ be and be deemed
to be conferred upon oncarrying vessels, and, additionally to such
rights powers liberties and immunities in the event of any oncarrying
vessel or vessels being lost or requisitioned by Government any
s ■< additional oncarrying freight and/or other charges including demirfage
on boats shall be on shippers’ account.
■9 \$ V ^ \ , : C
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If the ship is not owned or Chartered by Demise to the
Company or line by whom this Bill of Lading is issued (as may be
the case notwithstanding anything that appears to the contrary)
this Bill of Lading shall take effect only as a contract with the
owner or Demise charterer as the case may be as principal made
through the agency of the said company or line who act as agents
only and shall be under no personal liability whatsoever in
respect thereof.
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