The Hague-Visby Rules: Regulations Governing Carriage of Goods by Sea, Lecture notes of Acting

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The Hague-Visby Rules The Hague-Visby Rules The Hague Rules as Amended by the Brussels Protocol 1968 Article 1 In these Rules the following words are employed, with the mean- ings set out below: (a) ‘Carrier’ includes the owner or the charterer who enters into a contract of carriage with a shipper (b) ‘Contract of carriage’ applies only to contracts of carriage covered by a bill of lading or any similar document of title, in so far as such document relates to the carriage of goods by sea, including any bill of lading or any similar document as aforesaid issued under or pursuant to a charter party from the moment at which such bill of lading or similar document of title regulates the relations between a carrier and a holder of the same (0) ‘Goods’ includes goods, wares, merchandise, and articles of every kind whatsoever except live animals and cargo which by the contract of carriage is stated as being carried on deck and is so carried, (d) Ship’ means any vessel used for the carriage of goods by sea. (e) Carriage of goods’ covers the period from the time when the goods are loaded on to the time they are discharged from the ship, Article Il Subject to the provisions of Article VI, under every contract of carriage of goods by sea the carrier, in relation to the loading, handling, stowage, carriage, custody, care and discharge of such goods, shall be subject to the responsibilities and liabilities and entitled to the rights and immurities hereinafter set forth Article Il 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; (©) 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 prop- erly and 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 mas- ter 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 (0) The apparent order and condition of the goods, 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 suspect- ing 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 paragraph 3 (a), (b) and (c). However, proof to the contrary shall not be admissible when the bill of lading has been trans- ferred 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 in- demnify 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 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, 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. Subject to paragraph ébis the carrier and the ship shall in any event be discharged from all liability whatsoever in respect of the goods, unless suit is brought within one year of their delivery or of the date when they should have been delivered. This period, may however, be extended if the parties so agree after the cause of action has arisen. 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. 6 bis. ‘An action for indemnity against a third person may be brought even after the expiration of the year provided for in the preced- ing paragraph if brought within the time allowed by the law of the Court seized of the case. However; the time allowed shall be not less than three months, commencing from the day when the person bringing such action for indemnity has settled the claim or has been served with process in the action against himself 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, if it shows the particulars mentioned in paragraph 3 of Article Ill, 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 Rules, shall be null and void and of no effect. A benefit of insurance in favour of the carrier or similar clause shall be deemed to be a dlause relieving the carrier from liability. Article IV 1 Neither the carrier nor the ship shall be liable for loss or dam- age arising or resulting from unseaworthiness unless 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 arried fit and safe for their reception, carriage and preservation in accordance with the provisions of paragraph | of Article Ill 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 artide, 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. (©) Fire, unless caused by the actual fault or privity of the carrier (0) Perils, dangers and accidents of the sea or other navigable waters. (d) Act of God. (e) Act of war () Act of public enemies, (g) Arrest or restraint of princes, rulers or people, or seizure under legal process. (h) Quarantine restrictions () Act or omission of the shipper or owner of the goods, his agent or representative. (i) Strikes or lockouts or stoppage or restraint of labour from whatever cause, whether partial or general. (W Riots and civil commotions, (\) Saving or attempting to save life or property at sea (m) Wastage in bulk of weight or any other loss or damage aris- ing from inherent defect, quality or vice of the goods. (n) Insufficiency of packing, (0) Insufficiency or inadequacy of marks (p) Latent defects not discoverable by due diligence (q) Any other cause arising without the actual fault or priv- ity of the carrier, or without the fautt 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 or 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 sus- tained 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 breach of these Rules or of the contract of car riage, and the carrier shall not be liable for any loss or damage resulting therefrom, 5 (a) Unless the nature and value of such goods have been declared by the shipper before shipment and inserted in the bill of lading, neither the carrier nor the ship shall in any event be or become liable for any loss or damage to or in connection with the goods in an amount exceeding the equivalent of 666.67 units of account per package or unit or 2 units of account per kilo of gross weight of the goods lost or damaged, whichever is the higher (b) The total amount recoverable shall be calculated by refer- ence to the value of such goods at the place and time at which the goods are discharged from the ship in accordance with the contract or should have been so discharged The value of the goods shall be fixed according to the commod- ity exchange price, of there be no such price, according to the current market price, or if there be no commodity exchange price or current market price, by reference to the normal value of goods of the same kind and quality. (©) 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 as packed in such article of transport shall be deemed the number of packages or units for the purpose of this paragraph as far as these packages or units are concerned, Except as aforesaid such article of transport shall be considered the package or unit.