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This argument, however, even with respect to the particular carrier which makes a misdelivery, loses sight of the practical object in view.
It is urged, however, that the carrier, in making the misdelivery, converted the flour and thus abandoned the contract.
You must report any evidence of actual or suspected misdelivery or pilferage to our Officer immediately and give confirmation in writing.
The carrier will be liable, however for misdelivery, if he issues similar private keys or breaches the private key security safeguards.
With the application of the one year time bar to misdelivery of the goods, longer or indefinite term indemnities are no longer necessary.
The beauties are many: You can read lots of blogs in a little time, there's no noise, no spam and no misdelivery.
Another Visby amendment was designed to ensure that the one-year time bar to claims for damages applies also to claims for misdelivery of the goods.
Unfortunately, in connectionless mode transmission of a packet, the service provider usually cannot guarantee that there will be no loss, error insertion, misdelivery, duplication, or out-of-sequence delivery of the packet.
Except as otherwise provided in these Conditions the liability of the Carrier in respect of loss or misdelivery of or damage to goods shall in all circumstances be limited as follows:
The amendment also protects the carrier from claims of 'fundamental breach of the contract' for misdelivery or deviation which would have otherwise voided the contract and rendered the one year time bar inapplicable.
The possibility of postal misdelivery and of an administrative mishap at the suppliers ' office may be taken into account and it may be appropriate to send out reminders prior to the closing date.
P&I Clubs have always taken pains to point out to members that liabilities arising out of the fraudulent misdelivery of cargo, especially delivery of cargo without demanding the production of an original bill of lading, were not covered by P&I insurance.
Rep. 469); and if the clause must be deemed to cover a case of misdelivery when the action is brought against the initial carrier, it must equally have that effect in the case of the terminal carrier, which, in the contemplation of the parties, was to make the delivery.