Malaysia legislation

Section 75D

of PENANG PORT COMMISSION ACT 1955

Section 75D

Force majeure, etc.

The provisions of paragraph 75A(2)(b) and of section 75C shall not impose on the Commission or any person duly authorized by it any liability for the loss or destruction of, or damage to, any goods arising from—

(a)

fire or flood, unless caused by the actual fault or privity of the Commission;

(b)

an act of God;

(c)

an act of war or of public enemies;

(d)

seizure under any legal process;

(e)

quarantine restrictions;

(f)

any act, omission or default of the owner or carrier of such goods;

(g)

strikes, lockouts or stoppages or restraints of labour from whatever cause, whether partial or general;

(h)

riots and civil commotions;

(i)

saving or attempting to save life or property;

(j)

insufficient or improper packing, defective or insufficient marks or leakage from defective drums, containers or packages;

(k)

any inherent liability to wastage in bulk or weight, latent or inherent defect or natural deterioration;

(l)

any deficiency in the contents of unbroken packages; or

(m)

the dangerous nature of such goods.

Limitation of liability in respect of one occasion

Read in full context — PENANG PORT COMMISSION ACT 1955 →