Article 86p. 86

COMMERCIAL LAWS NEGOTIABLE INSTRUMENTS, CORPORATION, INSURANCE, TRANSPORTATION, BANKING

the delivery by the carrier of the goods as described in

the bill of lading. If the loss or damage is not apparent,

the notice must be given within three days ofthe delivery.

Said notice of loss or damage may be endorsed upon the

receipt for the goods given by the person taking delivery

thereof.

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:

Provided ,That

if

a

notice

of

loss or damage, either

apparent or concealed, is not given as provided for in this

section, that fact shall not affect or prejudice the right of

the shipper to bring suit within one year after the 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

section 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 the goods,

arising from negligence, fault, or failure in the duties and

obligations provided in this section, or lessening such

liability otherwise than as provided in this Act, shall be

null and void and of no effect. A benefit of insurance in

favor of the carrier, or similar clause, shall be deemed to

be a clause relieving the carrier from liability.

Rights and Immunities

SECTION 4. (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, 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 section 3. Whenever loss or damage has

resulted from unseaworthiness, the burden of proving

the exercise of due diligence shall be on the carrier or

other persons 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 restrictions;

(i) Act or omission of the shipper or owner of the goods,

his agent or representative;

(j) Strikes or lockouts or stoppage or restraint of labor

from

whatever

cause,

whether

partial

or

general;

Provided ,That

nothing

herein

contained

shall

be

construed to relieve a carrier from responsibility for the

carrier's own acts;

(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; and

(q) Any other cause arising without the actual fault and

privity of the carrier and 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 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 this Act or of

the contract of carriage, and the carrier shall not be liable

for any loss or damage resulting therefrom: Provided,

however ,That if the deviation is for the purpose of loading

or unloading cargo or passengers it shall, prima facie ,be

regarded as unreasonable.

(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 the transportation of goods in an amount exceeding

$500 per package lawful money of the United States, or in

case of goods not shipped in packages, per customary

freight 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 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. In no event shall the carrier be liable

for more than the amount of damage actually sustained.

Neither the carrier nor the ship shall be responsible in any

event for loss or damage to or in connection with the

transportation of the goods if the nature or value thereof

has been knowingly and fraudulently 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

© Compiled by RGL

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