•ARTICLE III: Responsibilities and liabilities. ––(1) The carrier shall be
•bound, before and at the beginning of the voyage, to exercise due diligence to —
(a)make the ship seaworthy;
(b)properly man, equip, and supply the ship; and
(c)make the holds, refrigerating and cool chambers, and all other parts
•of the ship in which goods are carried, fit and safe for their reception,
•carriage and preservation.
(2)Subject to the provisions of Article IV, the carrier shall properly an d
•carefully load, handle, stow, carry, keep, care for and discharge the goods carried.
(3)After receiving the goods into his charge, the carrier, or the master or
•agent of the carrier, shall, on demand of the shipper, issue to the shipper a bill of
•lading showing among other things—
(a)the leading marks necessary for identification of the goods, as the
•same are furnished in writing by the shipper before the loading of such
•goods starts, provided such marks are stamped or otherwise shown clearly
•upon the goods if uncovered, or on the cases or coverings in which such
•goods are contained, in such a manner as should ordinarily remain legible
•until the end of the voyage;
(b)either the number of packages or pieces, or the quantity, or weight,
•as the case may be, as furnished in writing by the shipper;
(c)the apparent order and condition of the goods:
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•Provided that no carrier, master or agent of the carrier, shall be bound to
•state or show in the bill of lading any marks, number, quantity, or weight, which
•he has reasonable ground for suspecting not accurately to represent the goods
•actually received, or which he has had no reasonable means of checking.
(4)Such a bill of lading shall be prima facie evidence of the receipt by the
•carrier of the goods as therein described in accordance with clauses (a), (b)
•and (c) of paragraph 3 of this Article. However, proof to the contrary shall not be
•admissible when the bill of lading has been transferred to a third party acting in
•good faith.
(5)The shipper shall be deemed to have guaranteed to the carrier the
•accuracy at the time of shipment of the marks, number, quantity, and weight, as
•furnished by him, and the shipper shall indemnify the carrier against all loss,
•damages, and expenses arising or resulting from inaccuracies in such particulars.
•The right of the carrier to such indemnity shall in no way limit his responsibility
•and liability under the contract of carriage to any person other than the shipper.
(6)(a) Unless notice of loss or damage and the general nature of such loss
•or damage be given in writing to the carrier or his agent at the port of discharge
•before or at the time of the removal of the goods into the custody of the person
•entitled to delivery thereof under the contract of carriage, or if, the loss or damage
•be not apparent, within three days, such removal shall be prima facie evidence of
•the delivery by the carrier of the goods as described in the bill of lading.
(b)The notice in writing need not be given if the state of the goods has at
•the time of their receipt been the subject of joint survey or inspection.
(c)In any event the carrier and the ship shall be discharged from all liability
•in respect of loss or damage unless suit is brought within one year after delivery of
•the goods or the date when the goods should have been delivered. This period may,
•however, be extended if the parties so agree after the cause of action has arisen:
•Provided that a suit may be brought after the expiry of the period of one year
•referred to in this sub-paragraph within a further period of not more than three
•months as allowed by the court.
(d)In the case of any actual or apprehended loss or damage, the carrier and
•the receiver shall give all reasonable facilities to each other for inspecting and
•tallying the goods.
(7)After the goods are loaded, the bill of lading to be issued by the carrier,
•master or agent of the carrier, to the shipper shall, if the shipper so demands, be a
•“shipped” bill of lading, provided that, if the shipper shall have previously taken
•up any document of title to such goods, he shall surrender the same as against the
•issue of the “shipped” bill of lading, but at the option of the carrier, such document
•of title may be noted at the port of shipment by the carrier, master, or agent with
•the name or names of the ship or ships upon which the goods have been shipped
•and
•the date or dates of shipment, and when so noted the same shall for the
•purpose of this Article be deemed to constitute a “shipped” bill of lading.
(8)Any clause, covenant or agreement in a contract of carriage relieving the
•carrier or the ship from liability for loss or damage to or in connection with goods
•arising from negligence, fault or failure in the duties and obligations provided in
•this Article or lessening such liability otherwise than as provided in these
•applicable rules, shall be null and void and of no effect.
(9)A benefit of insurance or similar claus e shall be deemed to be a clause
•relieving the carrier from liability.
•ARTICLE IV: Rights and immunities.––(1) Neither the carrier nor the ship
•shall be liable for loss or damage arising or resulting from unseaworthiness unless
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•caused by want of due diligence on the part of the carrier to make the ship
•seaworthy, and to secure that the ship is properly manned, equipped and supplied,
•and to make the holds, refrigerating and cool chambers and all other parts of the
•ship in which goods are carried fit and safe for their reception, carriage and
•preservation in accordance with the provisions of paragraph 1 of Article III.
•Whenever loss or damage has resulted from unseaworthiness, the burden of
•proving the exercise of due diligence shall be on the carrier or other person
•claiming exemption under this section.
(2)Neither the carrier nor the ship shall be responsible for loss or damage
•arising or resulting from—
(a)act, neglect, or default of the master, mariner, pilot, or the servants
•of the carrier in the navigation or in the management of the ship;
(b)fire, unless caused by the actual fault or privity of the carrier;
(c)perils, dangers and accidents of the sea or other navigable waters;
(d)act of God;
(e)act of war;
(f)act of public enemies;
(g)arrest or restraint of princes, rulers or people, or seizure under legal process;
(h)quarantine restriction;
(i)act or omission of the shipper or owner of the goods, his agent, or
•representative;
(j)strikes or lock-outs or stoppage or restraint of labour from whatever
•cause, whether partial or general;
(k)riots and civil commotions;
(l)saving or attempting to save life or property at sea;
(m)wastage in bulk or weight or any other loss or damage arising from
•inherent defect, quality, or vice of the goods;
(n)insufficiency of packing;
(o)insufficiency or inadequacy of marks;
(p)latent defects not discoverable by due diligence;
(q)any other cause arising without the actual fault or privity of the
•carrier, or without the fault or neglect of the agents or servants of the carrier,
•but the burden of proof shall be on the person claiming the benefit of this
•exception to show that neither the actual fault nor privity of the carrier nor
•the fault or neglect of the agents or servants of the carrier contributed to the
•loss or damage.
(3)The shipper shall not be responsible for loss or damage sustained by the
•carrier or the ship arising or resulting from any cause without the act, fault or
•neglect of the shipper, his agents, or his servants.
(4)Any deviation in saving or attempting to save life or property at sea, or
•any reasonable deviation shall not be deemed to be an infringement or brea ch of
•these applicable rules or of the contract of carriage, and the carrier shall not be
•liable for any loss or damage resulting therefrom.
(5)(a) Neither the carrier nor the ship shall in any event be or become liable for
•any loss or damage to or in connection with goods in an amount exceeding 666.67
•Special Drawing Rights per package or unit or two Special Drawing Rights
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•per kilogram of gross weight of the goods lost or damaged, whichever is higher
•or the equivalent of that sum in other currency, unless the nature and value of such
•goods have been declared by the shipper before shipment and inserted in the bill
•of lading. This declaration if embodied in the bill of lading shall be prima facie
•evidence, but shall not be binding or conclusive on the carrier.
(b)Where a container, pallet or similar article of transport is used to consolidate
•goods, the number of packages or units enumerated in the bill of lading and as packed
•in such article of transport shall be deemed to be the number of packages or units for
•the purposes of this paragraph as far as these packages or units are concerned.
(c)Neither the carrier nor the ship shall be entitled to the benefit of
•limitation of liability provided for in this paragraph if it is proved that the damage
•resulted from an act or omission of the carrier done with intent to cause damage,
•or recklessly and with knowledge that damage would probably result.
(d)Where the nature or value of the goods has been knowingly mis -stated
•by the shipper in the bill of lading, the liability of the carrier or ship shall not
•exceed the value so stated.
(e)By agreement between the carrier, master or agent of the carrier and the
•shipper, another maximum amount than that mentioned in this paragraph may be
•fixed, provided that such maximum shall not be less than the figure above named.
(f)Neither the carrier nor the ship shall be responsible in any event for loss
•or damage to or in connection with goods if the nature or value thereof has been
•knowingly mis-stated by the shipper in the bill of lading.
(6)(a) Goods of an inflammable, explosive or dangerous nature to the
•shi
•pment whereof the carrier, master or agent of the carrier, has not consented,
•with knowledge of their nature and character, may at any time before discharge
•be landed at any place or destroyed or rendered innocuous by the carrier without
•compensation, and the shipper of such goods shall be liable for all damages and
•expenses directly or indirectly arising out of or resulting from such shipment.
•(b
•) If any such goods shipped with such knowledge and consent shall
•become a danger to the ship or cargo, they may in like manner be landed at any
•place or destroyed or rendered innocuous by the carrier without liability on the
•part of the carrier except to general average, if any.
