shall be limited to those set out in the Maritime Code of Vietnam and the company shall be entitled to rely on all defenses, exemptions or limitations provided to the carriers by the above code. Reference in the above code to carriage by sea shall be deemed to include reference to carriage of inland waterways and the code shall be construed accordingly. C. Air carriage: If the company acts as a principal in respect of a carriage of goods by air, the company’s liability shall be determined by the provisions contained in the Law on Civil Aviation of Viet Nam. VI. GENERAL LIABILITY AND LIMITATION OF LIABILITY 33. Except insofar as otherwise provided by TSTC, the company shall not be liable for any loss or damage whatsoever arising from: a. The act or omission of the customer or owner or any person acting on their behalf. b. Compliance with the instructions given to the company by the customer, owner or any other person entitled to give them. c. Insufficiency of the backing or labeling of the goods except where such service has been provided by the company. d. Handling, loading, stowage or unloading of the goods by the customer or owner person acting on their behalf. e. Inherit vice of goods. f. Riots, civil commotions, strikes, lockouts, stoppage or restraint of labor from whatsoever cause, or g. Any cause with the company could not avoid and the consequences where of if could not prevent by the exercises of reasonable diligence. 34. Notwithstanding other provisions provided in TSTC, the company shall not be liable for loss and damage howsoever caused to the property other than the goods themselves, indirect or consequential loss or damage, loss of profit, delay or deviation. 35. Except as otherwise specified in the TSTC has responsibility of the company, in any case, for any negligence or error or any other incidents or events occur whether any, and regardless of the cause of loss or damage unexplained, shall not exceed as specified in Article 8 of Decree 140/2007/NĐ-CP September 5, 2007 for companies with logistics service business or in Article 24 Decree No. 87/2009/NĐCP October 19, 2009,of The Government of Republic Socialist of Vietnam for companies providing services for multimodal transport. 36. a. Compensation shall be calculated by reference to the invoice value of the goods plus freight and insurance if paid. b. If there be no invoice value for the goods, the compensation shall be calculated by the reference to the value of such goods at the place and time when they are delivered to the customer or should have been so delivered. The value of the goods shall be fixed according to the current market value, or, if there be no commodity exchange price or current market value, by reference to the normal value of goods of the same kind and quality. 37. By special agreement in writing and on payment of additional charges, higher compensation may be claimed from the company not exceeding the value of goods or the agreed value, whichever is lesser. 38. a. The company shall be discharged of any liability whatsoever unless: (i) notice of any claim is received by the company of its agent within 14 days (Sundays, holidays excluded) after the day specified (b) below, (ii) suit is brought in the proper forum and written notice thereof received by the company within 9 months after the date specified in (b) below, b. (i) In the case of damage to goods, the date of delivery of the goods, and in the case of loss of the goods, the date of the goods should have been delivered. (ii) In the case of delay or non-delivery of the goods, the date that the goods should have been delivered. (iii) In any other case, the event giving rise to the claim.
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