PART VI
EXCLUSION OF LIABILITY FOR JPB

38.0 EXCLUSION OF LIABILITY
38.1 Except where expressly agreed otherwise between JPB and the User, and notwithstanding anything to the contrary contained in these Terms and Conditions of Business, JPB shall not in any event be liable to the User for:-

38.2 Any claim arising from:

(a) Force Majeure;

(b) Any act of God, act of war, public enemy, whether to person or property;

(c) Any consequential loss, economic loss, loss of profit, business, goodwill, market performance, whatsoever and howsoever caused;

(d) Climatic conditions, whether to persons or property;

(e) Any third party interference;

(f) Any failure to or of the Applications due to inherent bugs, defects or otherwise of these applications; or

(g) Any other circumstances the occurrence or extent of which JPB could not reasonably have controlled, foreseen, avoided, prevented or forestalled.

38.3 Any injury, illness to or death of any person and/or any saving or attempting to save life or property at sea or on land caused or contributed, but not limited to:

(a) by a cargo or container or any inherent vice thereof; or

(b) by the storage, carriage, handling or other dealings of cargo or container by persons other than JPB or its employees, servants or agents or sub-contractors.

38.4 Any loss or damage to any vessel, property, plant, equipment, cargo or container including but not limited to:

(a) inherent liability due to wastage in bulk weight, latent defects, contamination or inherent defects, vice or natural deterioration of cargo; or

(b) any failure or malfunction of insulated (reefer) containers, refrigeration equipment and gaseous refrigerants; or

(c) spillage, leakage or sullage from any tanks or pipelines; or

(d) any act or omission of any User or the owner of the cargo or containers or their respective employees, servants, agents or sub-contractors; or

(e) any defective or malfunctioning twist locks; or

(f) any act or omission of JPB in preparing the plans for the stowage of cargo / container on board any vessel, and sequence of discharging and loading of cargo / containers, and vessel stability calculations; or

(g) failure to forward, misforwarding and delay in forwarding or misdelivery, non-delivery or delay in delivery of cargo or containers; or

(h) work carried out in the loading and/or discharging of containers onto or from a non-purpose built cellular container vessel; or

(i) any latent defects not discoverable by due diligence; or

(j) delay in connection with the vessel, cargo or containers or their delivery; or

(k) any detention of the vessel, cargo or containers; or

(l) any delays in discharging or loading containers or other cargo caused by inclement weather, mechanical failure in any cranes or other equipment; or

(m) for any breakage, loss of content, damage or complete destruction of unprotected cargo or containers; or

(n) the dangerous/hazardous/obnoxious nature of such cargo; or

(o) by any other gradually operating cause.

38.5 Any damage to containers and its content of the following nature which shall be deemed not to have been caused by the negligence of JPB, Its employees, servants agents, being damage to:

(a) roof rails, damage thereto 60 cm (sixty centimetres) away from the container corner castings in any direction; or

(b) roof puncture, 60 cm (sixty centimetres) away from the container corner castings in any direction; or

(c) door mouldings, cracked or split door mouldings without evidence of physical damage; or

(d) container walls, door, floor or roof, bulging or warping, caused by incorrectly loaded or inadequately secured cargo or by uneven distribution of cargo; or

(e) damage of cargo/container due to defect in securing/lashing works or material of cargo in container.

38.6 Any loss or damage to any property or death or injury to persons in premises occupied and facilities controlled by the Users within JPB's premises.

38.7 Any injury to or death of any persons or loss or damage to any property otherwise than in the circumstances and to the amount not exceeding the limits respectively set out in Paragraph 29.0 herein.

38.8 Any injury loss or damage to person life or property resulting from improper or inapplicable or irrelevant input of data by the User into the Applications in relation to the business operations undertaken with JPB.

39.0 TERMS
39.1 For the purpose of this Part:

(a) "Force Majeure" includes

(i) act of God, act of war, civil war, hostilities, acts of terrorists,

(ii) fire, lightning or explosion, including any water or chemicals or measures used in extinguishing any fire;

(iii) vermin, white ants or other rodents, pests and insects;

(iv) acts or omissions of any Port Authority or of any Government or Semi-Government port, body or any other Authorities;

(v) any industrial action or any action taken pursuant to such industrial action, Including (without prejudice to the generality of the foregoing) strikes, lockouts, stoppage and restraint of labour, combination of scarcity of labour, labour bans, overtime and work bans and limitations, demarcation disputes, go-slow and work to rule.

(b) "Climatic condition" includes

(i) storm, typhoons, tornadoes, tidal waves, tempest, flood;

(ii) any rust, damage or deterioration caused by rain, exposure or other action of climatic conditions.

(c) "Third party interference" includes any criminal or tortious acts by persons known or unknown other than JPB or its employees and/or servants and in respect of the Applications, it shall include unauthorised access, transmission, communication, etc. in any method whatsoever.