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Terms & Conditions

Terms & Conditions Of Business For Westports

WESTPORTS MALAYSIA SDN BHD is licensed by Port Kelang Authority to operate, maintain and manage the provision of port facilities and services at Westports, Port Klang.

WESTPORTS MALAYSIA SDN BHD provides port facilities and services to users subject to the Terms And Conditions Of Business For Westports.

Standing Offer, Definitions, Construction And Applicable Laws

The Terms And Conditions Of Business For Westports (hereinafter referred to as the "Terms & Conditions of Business") will constitute a standing offer as to the terms and conditions upon which Westports Malaysia Sdn Bhd (hereinafter referred to as "Westports") makes its port facilities and services at Westports available to the users.

The Terms And Conditions of Business shall be deemed to be accepted by users either:

  • Upon receipt by Westports of notification in whatever manner from users, of the intention to berth a vessel or use the port facilities and/or services at Westports, or
  • Upon the user doing or transacting business with Westports of the engagement of Westports by users for its port facilities and services, whether by agreement conduct or otherwise.

All services and/or transaction are subject to the Term and Conditions of Business (copy of which is available on request) and which, in certain cases, exclude or limit the liability of Westports and include certain indemnities benefiting Westports.

Limitation Of Liability

Unless otherwise stated herein, Westports shall not be liable for any loss (whether direct or consequential), damage (whether direct or consequential), costs, expenses, injury or death of whatsoever nature or kind and however sustained or occasioned and whether to property or persons arising out of or resulting from any cause whatsoever including damage to goods caused by or contributed to by insufficient protection or packing by the User its servants or agents unless it can be proved that such loss damage costs expenses injury or death of the type specified in sub-clauses (a) to (g) below was directly caused by the willful default or negligence of Westports or its servants or agents and any employee thereof and in that event the liability of Westports shall in no case exceed the financial limits set out hereunder:

a) In respect of physical loss or damage to container, the liability of Westports under this sub-clause (a) shall not in any event exceed in the aggregate of Ringgit Malaysia Two Thousand (RM 2,000.00) in the case of a container of up to 6.1m (twenty-foot equivalent) in length and Ringgit Malaysia Four Thousand (RM 4,000.00) in the case of a container exceeding 6.1m (twenty-foot equivalent) in length in respect of any one incident or series of related incidents occurring in connection with or consequent upon one event;

b) In respect of the destruction or damage to goods contained in any container, the liability of Westports under this sub-clause (b) shall not exceed in the aggregate of Ringgit Malaysia Five Thousand (RM 5,000.00) in the case of a container of up to 6.1m (twenty-foot equivalent) in length and Ringgit Malaysia Ten Thousand (RM 10,000.00) in the case of a container exceeding 6.1m (twenty-foot equivalent) in length in respect of any one incident or series of related incidents occurring in connection with or consequent upon one event;

c) In respect of physical loss or damage to cargo not otherwise referred to in sub-clause (b) above, the liability of Westports under this sub-clause (c) shall not in any event exceed ten times (10x) of the port charges for each ton of the cargo imported or exported in respect of any one incident or series of related incidents occurring in connection with or consequent upon one event;

d) In respect of physical loss or damage to any property or equipment, the liability of Westports under this sub-clause (d) shall not in any event exceed ten times (10x) of the wharfage charges for each to of cargo loaded or discharged in respect of any one incident or series of related incidents occurring in connection with or consequent upon one event;

e) In respect of death or injury the liability under sub-clauses (a) and (b) above, the liability of Westports shall not exceed in the aggregate Ringgit Malaysia One Hundred Thousand (RM 100,000.00) in respect of any one incident or series of related incidents occurring in connection with or consequent upon one event;

f) In respect of damage to vessels and or its equipment, the liability of Westports under this sub-clause (f) shall not in any event exceed in the aggregate Ringgit Malaysia Two Hundred Thousand (RM 200,000.00) in respect of any one incident or series of related incidents occurring in connection with or consequent upon one event; and

g) In respect of any delay, detention or misdelivery of any containers, property or cargo by Westports, the liability of Westports for any loss whatsoever shall not exceed in the aggregate of Ringgit Malaysia Five Thousand Only (RM 5,000.00) in respect of any one incident or series of related incidents occurring in connection with or consequent upon one event.

The Terms And Conditions Of Business For Westports (hereinafter referred to as the "Terms & Conditions of Business") will constitute a standing offer as to the terms and conditions upon which Westports Malaysia Sdn Bhd (hereinafter referred to as "Westports") makes its port facilities and services at Westports available to the users.

The Terms And Conditions of Business shall be deemed to be accepted by users either:

  • Upon receipt by Westports of notification in whatever manner from users, of the intention to berth a vessel or use the port facilities and/or services at Westports, or
  • Upon the user doing or transacting business with Westports of the engagement of Westports by users for its port facilities and services, whether by agreement conduct or otherwise.

All services and/or transaction are subject to the Term and Conditions of Business (copy of which is available on request) and which, in certain cases, exclude or limit the liability of Westports and include certain indemnities benefiting Westports.