Article 87p. 87

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

by the carrier without liability on the part of the carrier

except to general average, if any.

Surrender of Rights and Immunities and Increase of

Responsibilities and Liabilities

SECTION 5. 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

this Act, provided such surrender or increase shall be

embodied in the bill of lading issued to the shipper.

The provisions of this Act 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 this Act. Nothing in this Act shall be held to

prevent the insertion in a bill of lading of any lawful

provision regarding general average.

Special Conditions

SECTION

6.

Notwithstanding

the

provisions

of

the

preceding sections, 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

the

stipulation

regarding

seaworthiness 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 section shall not apply to ordinary

commercial shipments made in the ordinary course of

trade but only to other shipments where the character or

condition

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.

SECTION 7. Nothing contained in this Act 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.

SECTION 8. The provisions of this Act shall not affect the

rights and obligations of the carrier under the provisions

of the Shipping Act, 1916, or under the provisions of

sections 4281 to 4289, inclusive, of the Revised Statutes of

the United States, or of any amendments thereto; or

under the provisions of any other enactment for the time

being in force relating to the limitation of the liability of

the owners of seagoing vessels.

TITLE II

SECTION

9.

Nothing

contained in this Act shall be

construed as permitting a common carrier by water to

discriminate

between

competing

shippers

similarly

placed in time and circumstances, either (a) with respect

to their right to demand and receive bills of lading

subject to the provisions of this Act; or (b) when issuing

such bills of lading, either in the surrender of any of the

carrier's rights and immunities or in the increase of any of

the carrier's responsibilities and liabilities pursuant to

section 5, title I, of this Act; or (c) in any other way

prohibited by the Shipping Act, 1916, as amended.

SECTION 10. Section 25 of the Interstate Commerce Act is

hereby amended by adding the following proviso at the

end

of

paragraph

4

thereof:

" Provided , however ,That

insofar as any bill of lading authorized hereunder relates

to the carriage of goods by sea, such bill of lading shall be

subject to the provisions of the Carriage of Goods by Sea

Act."

SECTION 11. Where under the customs 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 any thing in this Act, 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.

SECTION 12. Nothing in this Act shall be construed as

superseding any part of the Act entitled "An act relating

to navigation of vessels, bills of lading, and to certain

obligations, duties, and rights in connection with the

carriage of property," approved February 13, 1893, or of any

other law which would be applicable in the absence of

this

Act,

insofar

as

they

relate

to

the

duties,

responsibilities, and liabilities of the ship or carrier prior to

the time when the goods are loaded on or after the time

they are discharged from the ship.

SECTION 13. This Act shall apply to all contracts for

carriage of goods by sea to or from ports of the United

States in foreign trade. As used in this Act the term

"United

States"

includes

its

districts,

territories,

and

possessions:

Provided,

however ,That

the

Philippine

Legislature

may

by

law

exclude

its

application

to

transportation to or from ports of the Philippine Islands.

The term "foreign trade" means the transportation of

goods between the ports of the United States and ports

of foreign countries. Nothing in this Act shall be held to

apply to contracts for carriage of goods by sea between

any port of the United States or its possessions, and any

other port of the United States or its possession: Provided,

however ,That any bill of lading or similar document of

title which is evidence of a contract for the carriage of

goods by sea between such ports, containing an express

statement that it shall be subject to the provisions of this

Act, shall be subjected hereto as fully as if subject hereto

by

the

express

provisions

of

this

Act:

Provided,

further ,That every bill of lading or similar document of

title which is evidence of a contract for the carriage of

goods by sea from ports of the United States, in foreign

trade, shall contain a statement that it shall have effect

subject to the provisions of this Act.

SECTION 14. Upon the certification of the Secretary of

Commerce that the foreign commerce of the United

States in its competition with that of foreign nations is

prejudiced by the provisions, or any of them, of Title I of

this Act, or by the laws of any foreign country or countries

relating to the carriage of goods by sea, the President of

the

United

States,

may,

from

time

to

time,

by

proclamation, suspend any or all provisions of Title I of

this Act for such periods of time or indefinitely as may be

designated in the proclamation. The President may at any

time rescind such suspension of Title I hereof, and any

provisions thereof which may have been suspended shall

thereby

be

reinstated and again apply to contracts

thereafter made for the carriage of goods by sea. Any

proclamation of suspension or rescission of any such

suspension shall take effect on a date named therein,

which date shall be not less than ten days from the issue

of the proclamation.

Any contract for the carriage of goods by sea, subject to

the provisions of this Act, effective during any period

when title I hereof, or any part thereof, is suspended, shall

be subject to all provisions of law now or hereafter

applicable to that part of Title I which may have thus

been suspended.

SECTION 15. This Act shall take effect ninety days after the

date of its approval; but nothing in this Act shall apply

during a period not to exceed one year following its

approval to any contract for the carriage of goods by sea,

made before the date on which this Act is approved, nor

to any bill of lading or similar document of title issued,

© Compiled by RGL

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