13.Liability for Breach of the Contract

  • After individual contracts are established, if the Lessee requests to alter or cancel individual contracts, it shall pay the corresponding fees and compensate the Lessor for its loss. If the Lessee cancels individual contracts after the Lessor’s Delivery Order has been issued, unless otherwise agreed upon by the Parties, it shall pay the cancellation fees to the Lessor: USD 50/container. If the Lessee cancels an individual contract after the expiration of the period of taking delivery (after the date of on-hire), unless otherwise agreed upon by the Parties, besides paying the cancellation fees based on the mentioned standards, the Lessee shall also pay the rental per diem to the Lessor in line with the following standards from the date of on-hire (after the expiration of the period of taking delivery):
    • From Day 1 to Day 10 : USD 2/20’ GP/ day; USD 3/40’ GP or 40’ HC/ day
    • From Day 11 to Day 20 : USD 4/20’ GP/ day; USD 6/40’ GP or 40’ HC/ day
    • From Day 21 to Day 30 : USD 8/20’ GP/ day; USD 12/40’ GP or 40’ HC/ day
    • From Day 31 to the cancellation date of individual contracts: USD 12/20’ GP/day; USD 18/40’ GP or 40’ HC/ day
    • The rental of open-top containers and frame containers is 3 times of the mentioned standards.
    • The rental of refrigerated containers and folding containers is 6 times of the mentioned standards.
    • The rental of tank containers is 10 times of the mentioned standards.
  • In the event of any delayed payment by either Party, it shall pay the other Party liquidated damages for delayed payment at the rate of 3per day. In this case, the non-breaching Party may exercise lien on any documents or items owned or delivered by the breaching Party (whether associated with the Contract or the business of delayed payment), and the risks and loss incurred, as well as fees such as custody fees and storage fees shall be borne by the breaching Party.
  • If the Lessee fails to pay the fees for 3 months without the consent of the Lessor, sells or mortgages the leased containers without authorization, the Lessor shall be entitled to rescind the Contract at any time and request the Lessee to redeliver all the containers. The Lessee shall be liable for the loss of the Lessor.
  • The Lessor shall fully fulfill its obligations hereunder, and shall be liable for the direct loss and fees to the Lessee incurred by the Lessor’s fault. The mentioned loss does not cover economic loss or other indirect loss incurred by delay in delivery.
  • If the Lessee claims compensation from the Lessor in accordance with the provisions of the previous article, it shall do so within 7 days from the expiration of the period of taking delivery. If the Lessee fails to raise any objection to the Lessor in writing within the mentioned period, it shall be considered that the Lessor delivered qualified containers, and the Lessee shall not make any further claims.
  • In the event of any other breach of the Contract by one Party, the other Party shall compensate the non-breaching Party for any loss incurred including but not limited to, direct loss, loss of available benefits, attorney fees, investigation and evidence collection fees, and travel fees paid by the non-breaching Party for handling disputes, and the amount of compensation paid by the non-breaching Party to a third party, no matter whether the compensation amount is determined by a relevant court or arbitration institution or confirmed after reconciliation or mediation.
  • For the liabilities of the breaching Party not clearly stated in the Contract, the breaching Party shall compensate for the actual economic loss of the other party for breach of the Contract.
on 星期五 10月 21 by gatewaysusan
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