5.1 By presenting Units for shipment, the Shipper agrees and warrants that
(i) he is authorised to contract and accept these conditions on behalf of himself, the Consignee and every person with an interest of any nature in the Units;
(ii) he is authorised to agree on behalf of any person holding a proprietary interest in the Units to the Carrier’s rights as set out in these conditions;
(iii) the cargo has been properly packed and secured within the unit for the sea voyage and the Carrier has no liability for damage to goods within a Unit not so properly packed and secured. The Carrier will not check such packing and securing;
(iv) any damage to the Units will be brought to the attention of the Carrier if discovered or if, in the Carrier’s sole discretion, reasonably discoverable at the port of loading before the Shipper leaves the port of loading;
(v) the cargo is suitable and has been properly and adequately described and parked for the purposes of carriage by sea;
(vi) the cargo is lawful merchandise at the ports of loading and discharge and the Shipper shall be liable for any and all financial consequences in the event that the cargo is found not to be lawful merchandise at the ports of loading and discharge;
(vii) any person accompanying the Units is properly authorised to do so and will comply with the requirements of all immigration and other regulations (including road transport regulations) applicable at the ports of loading and discharge and with all lawful instructions given by the Carrier;
(viii) the Carrier is specifically authorised to take any reasonable steps for the purposes of inspecting or checking the cargo where the Carrier reasonably believes that it is necessary to do so for any reason whatsoever or where the Carrier is asked or instructed to do so by any customs or other authority, whether at the ports of loading or discharging or elsewhere;
(ix) the Consignee is properly authorised to take delivery of the Units at the port of discharge.
(x) any Unit does not contain any stowaways at the time of receipt and at the port of loading onto a vessel at the port of loading and the Shipper shall be liable for any and all financial consequences in the event that stowaways are found in any Unit at any stage, including during shipment or at the port of discharge;
5.2 Every person accompanying any Units must comply with the applicable law regarding the consumption of alcohol and drugs at all times whilst the Units are in the custody of the Carrier as provided by clause 8 below. In the event that the Carrier has any reason to believe that Units may be loaded on board a vessel whilst accompanied by any person under the improper influence of alcohol or drugs, the Carrier shall be entitled to refuse to carry those Units and the Carrier shall have no liability to any person as a result of such refusal.
5.3 The Shipper agrees to indemnify the Carrier against:
(i) any and all financial consequences of a breach of the Shipper’s warranties as set out at clause 5.1 above and of any breach of clause 5.2 above;
(ii) any and all financial consequences resulting from the inaccuracy or inadequacy of the description, weight, number, measure, quantity, marks, value, condition, quality or content of Units and/or from defective loading and overloading of a Unit and/or from the inadequate securing, packing, sealing or stuffing of Units;
(iii) generally, any and all liabilities which the Carrier may incur to any third party save insofar as the same arises out of the Carrier’s own negligence;
(iv) any liabilities of the Carrier in excess of the limits under these conditions.
5.4 The Shipper shall be responsible at all times for ensuring that (i) all documentation for the cargo that is required by customs, health and any other regulations or authorities has been obtained and is available for inspection if required ; and (ii)every person (whether or not authorised) travelling with a Unit has all the documentation required by immigration, customs, health and other regulations and authorities and the Shipper shall be liable to indemnify the Carrier forthwith in respect of all financial consequences arising as a result of any such person failing to comply with such requirements.
5.5 The Shipper is advised that children under the age of 16 are not allowed to enter the Port of Tilbury even if they remain within the vehicle.
5.6 The Carrier’s right of lien for unpaid freight as provided by clause 3.4 above shall extend to any financial consequences arising under this clause 5.