Hague-Visby Rules

Article I
Definitions
In these Rules the following
expressions have the meanings
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 water,
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, 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
water;
(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 II
Risks
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.
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, 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
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 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 paragraphs 3(a),
(b) and (c).
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.
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.
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.
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
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.
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 or 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, 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.
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.
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 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 and
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 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 carriage, 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 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.
(b) The total amount recoverable
shall be calculated by reference
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
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.
(c) 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.
(d) The unit of account
mentioned in this Article is the
Special Drawing Right as defined
by the International Monetary
Fund. The amounts mentioned in
sub-paragraph (a) of this
paragraph shall be converted
into national currency on the
basis of the value of that
currency on the date to be
determined by the law of the
Court seized of the case. The
value of the national currency, in
terms of the Special Drawing
Right, of a State which is a
member of the International
Monetary Fund, shall be
calculated in accordance with
the method of valuation applied
by the International Monetary
Fund in effect at the date in
question for its operations and
transactions. The value of the
national currency, in terms of
the Special Drawing Right, of a
State which is not a member of
the International Monetary
Fund, shall be calculated in a
manner determined by that
State.
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:
(i) in respect of the amount of
666.67 units of account
mentioned in sub-paragraph (a)
of paragraph 5 of this Article,
10,000 monetary units;
(ii) in respect of the amount of 2
units of account mentioned in
sub-paragraph (a) of paragraph
5 of this Article, 30 monetary
units.
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.
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.
(e) Neither the carrier nor the
ship shall be entitled to the
benefit of the limitation of
liability provided for in this
paragraph if it is proved that the
damage resulted from an act or
omission of the carrier done with
intent to cause damage, or
recklessly and with knowledge
that damage would probably
result.
(f) The declaration mentioned in
sub-paragraph (a) of this
paragraph, if embodied in the
bill of lading, shall be prima facie
evidence, but shall not be
binding or conclusive on the
carrier.
(g) By agreement between the
carrier, master or agent of the
carrier and the shipper other
maximum amounts than those
mentioned in sub-paragraph (a)
of this paragraph may be fixed,
provided that no maximum
amount so fixed shall be less
than the appropriate maximum
mentioned in that sub-
paragraph.
(h) 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 mis-stated 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 IVbis
Application of Defences and
Limits of Liability
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.
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.
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.
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.
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 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.
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 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.
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 water.
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 vessels.
Article IX
Liability for Nuclear Damage
These Rules shall not affect the
provisions of any international
Convention or national law
governing liability for nuclear
damage.
Article X
Application
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:
(a) the bill of lading is issued in a
Contracting State, or
(b) the carriage is from a port in
a Contracting State, or
(c) the contract contained in or
evidenced by the bill of lading
provides that these Rules or
legislation of any State giving
effect to them are to govern the
contract,
whatever may be the nationality
of the ship, the carrier, the
shipper, the consignee, or any
other interested person.