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a) A Ship shall be deemed to have entered the Terminal when it berths at the Terminal. A Ship shall be deemed to have left the Terminal when its mooring lines are removed from the Terminal’s berth.
b) Goods and Equipment shall be deemed to have been delivered to the Terminal in the following circumstances:-
c) Goods and Equipment shall be deemed to have been delivered to the Customer:-
d) Without prejudice to the Conditions herein, DCT reserves the right but is under no obligation to:
i) Remove Goods and Equipment immediately in the case of a hazard or danger to life, the environment or other property or other emergency and to dispose of such Goods and Equipment without notice;
ii) Open containers, inspect Goods or refuse to handle, move or otherwise deal with Goods or Equipment which in DCT’s opinion appear to be or may become dangerous or hazardous to life, the environment or other property.
e) The Customer undertakes that it has complied with all relevant local, national and international legislation and regulations relating to the carriage, handling and movement of the Goods and DCT accepts no responsibility whatsoever for the failure of the Customer to comply with such local, national or international legislation or regulations or the consequences of such failure. The Customer hereby agrees to indemnify and hold DCT harmless from and against any failure to comply with any such legislation and regulations or the consequences of such failure.
Unless otherwise specified in writing to the Terminal Manager before the Goods or Equipment are delivered to the Terminal, the Customer warrants that any Goods, Equipment or Ship which it delivers, directs to or causes to be upon the Terminal:
f) The Customer warrants that it will immediately inform the Terminal Manager of any occurrence or incident which might affect the safe and efficient operation of DCT or other persons using the Terminal and take, at its own cost, such reasonable steps to control or eliminate any danger or inconvenience as may be required by DCT. Without prejudice to the foregoing, the Customer shall indemnify and hold DCT harmless from and against any costs, fines, claims, indemnities or other losses of whatever nature arising from such occurrence or incident unless the occurrence or incident has been caused by the negligence of DCT.