CHAPTER
331
CARRIAGE OF GOODS BY SEA |
ARRANGEMENT OF
SECTIONS |
SECTION |
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Application of rules in Schedule. |
Absolute warranty of seaworthiness not to be
implied in contracts to which rules apply. |
Statement as to application of rules to be
included in bills of lading. |
Modification of Article VI. of rules in relation
to coasting trade. |
Modification of rules 4 and 5 of Article III in
relation to bulk cargoes. |
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SCHEDULE - Rules relating to Bills of Lading. |
CHAPTER 331 |
CARRIAGE OF GOODS
BY SEA |
An Act to
make uniform the law with respect to the carriage of goods by sea. | 3 of 1926
5 of 1987
17 of 1989 |
[Commencement 22nd
March, 1926] |
Whereas at the
International Conference on Maritime Law held at Brussels in October, one
thousand nine hundred and twenty-two, the delegates at the Conference,
including the delegates representing His Majesty, agreed unanimously to
recommend to their respective Governments to adopt as the basis of a convention
a draft convention for the unification of certain rules relating to bills of
lading: |
And whereas at a
meeting held at Brussels in October, one thousand nine hundred and
twenty-three, the rules contained in the said draft convention were amended by
the Committee appointed by the said Conference: |
And whereas it is
expedient that the said rules as so amended and as set out with modifications
in the Schedule to this Act should, subject to the provisions of this Act, be
given the force of law with a view to establishing the responsibilities,
liabilities, rights and immunities attaching to carriers under bills of lading: |
1. This Act may be cited as the Carriage of Goods by
Sea Act. | Short title. |
2. In this Act, unless the context otherwise requires- | Interpretation. |
"rules"
means the rules in the Schedule to this Act. |
3. Subject to the provisions of this Act, the rules shall
have effect in relation to and in connection with the carriage of goods by sea
in ships carrying goods from any port in The Bahamas to any other port whether
in or outside the The Bahamas. | Application of rules in Schedule. |
4. There shall not be implied in any contract for the
carriage of goods by sea to which the rules apply any absolute undertaking by
the carrier of the goods to provide a seaworthy ship. | Absolute warranty of seaworthiness not to be implied
in contracts to which rules apply. |
5. Every bill of lading, or similar document of title,
issued in The Bahamas which contains or is evidence of any contract to which
the rules apply shall contain an express statement that it is to have effect
subject to the provisions of the said rules as applied by this Act. | Statement as to application of rules to be included in
bills of lading. |
6. Article VI of the rules shall, in relation to the
carriage of goods by sea in ships carrying goods from any port in The Bahamas
to any other port in The Bahamas have effect as though the said article
referred to goods of any class instead of to particular goods and as though the
proviso to the second paragraph of the said article were omitted. | Modification of Article VI of rules in relation to
coasting trade. |
7. Where under the custom of any trade the weight of
any bulk cargo inserted in the bill of lading is a weight ascertained or
accepted by a third party other than the carrier or the shipper and the fact
that the weight is so ascertained or accepted is stated in the bill of lading,
then, notwithstanding anything in the rules, the bill of lading shall not be
deemed to be prima facie evidence against the carrier of the receipt of
goods of the weight so inserted in the bill of lading, and the accuracy thereof
at the time of shipment shall not be deemed to have been guaranteed by the
shipper. | Modification of rules 4 and 5 of Article III in
relation to bulk cargoes. |
8. (1) Nothing in this Act
shall be construed to affect the operation of section 207 of the
Merchant Shipping Act and sections 3 and 4 of the Merchant Shipping (Maritime
Claims Limitation of Liability) Act, 1989 or the operation of any other
enactment for the time being in force limiting the liability of the owners of
seagoing vessels. | Saving and operation. |
(2) The rules
shall not by virtue of this Act apply to any contract for the carriage of goods
by sea made before such day, not being earlier that the twenty-first day of
January, one thousand nine hundred and twenty-six, as the Governor-General may
by Order in Council direct, nor to any bill of lading or similar document of
title issued, whether before or after such day as aforesaid, in pursuance of
any such contract as aforesaid.[i]* |
SCHEDULE (Schedule 2) |
RULES RELATING TO
BILLS OF LADING |
ARTICLE I
Definitions |
In these Rules the
following expressions have the meaning hereby assigned to them respectively,
that is to say- |
(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; |
(c) "Goods"
includes goods, wares, merchandises, and articles of every kind whatsoever,
except living 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 when they are discharged from the ship. |
ARTICLE II
Risks |
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 immunities hereinafter set forth. |
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; |
(c) Make the
holds, refrigeration 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 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 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: |
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 no reasonable means of checking. |
4. Such a Bill of
Lading shall be a prima facie evidence of the receipt by the carrier of
the goods as therein described in accordance with paragraphs 3(a), (b), and
(c). |
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. 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. |
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. |
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 for lessening such liability otherwise than as provided in these
Rules, shall be null and void and of no effect. |
A benefit of
insurance or similar clause 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 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, refrigeration 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 I of Article III. |
Whatever 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; |
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(f) act of
public enemies; |
(g) arrest or
restraint of princes, rulers or people, or seizure under legal process; |
(h) quarantine
restrictions; |
(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 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 sustained by the carrier or the
ship arising or resulting from any cause without the act, fault or neglect of
the shipper, his agent 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 carriage, and the carrier shall not be liable for any loss
or damage resulting therefrom. |
5. 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 £100 per package
or unit, 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. 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. |
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
misstated by the shipper in the Bill of Lading. |
6. Goods of an
inflammable, explosive or dangerous nature to the shipment 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. |
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. |
ARTICLE V
Surrender of Rights and Immunities, and Increase of Responsibilities and
Liabilities |
A carrier shall be
at liberty to surrender in whole or in part all or any of his rights and
immunities or to increase any of his responsibilities and liabilities under the
Rules contained in any of these Articles, provided such surrender or increase
shall be embodied in the Bill of Lading issued to the shipper. |
The provisions of
these Rules shall not be applicable to charter-parties, but if Bills of Lading
are issued in the case of a ship under a charter-party they shall comply with
the terms of these Rules. Nothing in these Rules shall be held to prevent the
insertion in a Bill of Lading of any lawful provision regarding general
average. |
ARTICLE VI
Special Conditions |
Notwithstanding
the provisions of the preceding Articles, a carrier, master or agent of the
carrier, and a shipper shall in regard to any particular goods be at liberty to
enter into any agreement in any terms as to the responsibility and liability of
the carrier for such goods, and as to the rights and immunities of the carrier
in respect of such goods, or his obligation as to seaworthiness, so far as this
stipulation is not contrary to public policy, or the care or diligence of his
servants or agents in regard to the loading, handling, stowage, carriage,
custody, care, and discharge of the goods carried by sea, provided that in this
case no Bill of Lading has been or shall be issued and that the terms agreed
shall be embodied in a receipt which shall be a non-negotiable document and
shall be marked as such. |
Any agreement so
entered into shall have full legal effect: |
Provided that this
Article shall not apply to ordinary commercial shipments made in the ordinary
course of trade, but only to other shipments where the character or conditions
of the property to be carried or the circumstances, terms and conditions under
which the carriage is to be performed, are such as reasonably to justify a
special agreement. |
ARTICLE VII
Limitations on the Application of the Rules |
Nothing herein
contained shall prevent a carrier or a shipper from entering into any
agreement, stipulation, condition, reservation or exemption as to the
responsibility and liability of the carrier or the ship for the loss or damage
to or in connection with the custody and care and handling of goods prior to
the loading on and subsequent to the discharge from the ship on which the goods
are carried by sea. |
ARTICLE VIII
Limitation of Liability |
The provisions of
these Rules shall not affect the rights and obligations of the carrier under
any statute for the time being in force relating to the limitation of the
liability of owners of seagoing vessels. |
ARTICLE IX |
The monetary units
mentioned in these Rules are to be taken to be gold value. |