Bill S-2
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SCHEDULE 3
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HAGUE-VISBY RULES |
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ARTICLE I |
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Definitions |
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In these Rules the following expressions have the meanings
hereby assigned to them respectively, that is to say,
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ARTICLE II |
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Risks |
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Subject to the provisions of Article VI, under every contract
of carriage of goods by water 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.
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ARTICLE III |
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Responsibilities and Liabilities |
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1. The carrier shall be bound, before and at the beginning of
the voyage, to exercise due diligence to
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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.
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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
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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 paragraphs 3(a), (b) and (c).
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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.
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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.
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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.
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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.
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Subject to paragraph 6bis 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.
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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.
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6.bis An action for indemnity against a third person may be
brought even after the expiration of the year provided for in the
preceding 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.
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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.
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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.
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A benefit of insurance or similar clause shall be deemed to be a
clause relieving the carrier from liability.
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ARTICLE IV |
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Rights and Immunities |
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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 Article III.
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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 article.
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2. Neither the carrier nor the ship shall be responsible for loss
or damage arising or resulting from
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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.
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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.
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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 666.67 units of account per
package or unit or 2 units of account per kilogramme of gross
weight of the goods lost or damaged, whichever is the higher.
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The value of the goods shall be fixed according to the commodity
exchange price, or, if 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.
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Nevertheless, a State which is not a member of the International
Monetary Fund and whose law does not permit the application
of the provisions of the preceding sentences may, at the time of
ratification of the Protocol of 1979 or accession thereto or at any
time thereafter, declare that the limits of liability provided for in
this Convention to be applied in its territory shall be fixed as
follows:
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The monetary unit referred to in the preceding sentence
corresponds to 65.5 milligrammes of gold of millesimal fineness
900. The conversion of the amounts specified in that sentence
into the national currency shall be made according to the law of
the State concerned. The calculation and the conversion
mentioned in the preceding sentences shall be made in such a
manner as to express in the national currency of that State as far
as possible the same real value for the amounts in sub-paragraph
(a) of paragraph 5 of this Article as is expressed there in units of
account.
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States shall communicate to the depositary the manner of
calculation or the result of the conversion as the case may be,
when depositing an instrument of ratification of the Protocol of
1979 or of accession thereto and whenever there is a change in
either.
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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.
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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.
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ARTICLE IV BIS |
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Application of Defences and Limits of Liability |
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1. The defences and limits of liability provided for in these
Rules shall apply in any action against the carrier in respect of
loss or damage to goods covered by a contract of carriage
whether the action be founded in contract or in tort.
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2. If such an action is brought against a servant or agent of the
carrier (such servant or agent not being an independent
contractor), such servant or agent shall be entitled to avail himself
of the defences and limits of liability which the carrier is entitled
to invoke under these Rules.
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3. The aggregate of the amounts recoverable from the carrier,
and such servants and agents, shall in no case exceed the limit
provided for in these Rules.
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4. Nevertheless, a servant or agent of the carrier shall not be
entitled to avail himself of the provisions of this Article, if it is
proved that the damage resulted from an act or omission of the
servant or agent done with intent to cause damage or recklessly
and with knowledge that damage would probably result.
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ARTICLE V |
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Surrender of Rights and Immunities, and Increase of Responsibilities and Liabilities |
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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.
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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.
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ARTICLE VI |
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Special Conditions |
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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 water, 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.
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Any agreement so entered into shall have full legal effect.
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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 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.
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ARTICLE VII |
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Limitations on the Application of the Rules |
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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 water.
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ARTICLE VIII |
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Limitation of Liability |
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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 vessels.
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ARTICLE IX |
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Liability for Nuclear Damage |
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These Rules shall not affect the provisions of any international
Convention or national law governing liability for nuclear
damage.
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ARTICLE X |
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Application |
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The provisions of these Rules shall apply to every bill of
lading relating to the carriage of goods between ports in two
different States if:
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whatever may be the nationality of the ship, the carrier, the
shipper, the consignee, or any other interested person.
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