Report of the Delegates of the United States to the International Conference ...

EXHIBIT A.-LIST OF DELEGATES.

(Not printed. The list of delegates to the Conference at Brussels is given in the PROTOCOLE, published as Appendix A.)

(7)

EXHIBIT B.-RULES FOR THE CARRIAGE OF GOODS BY SEA.

[As submitted to the Comité Maritime International, London, October 9-11, 1922.]

(a) "Carrier" includes the owner or the charterer, who enters into a contract of carriage with a shipper.

(b) "Contract. of carriage" means a bill of lading or any similar document of title in so far as such document relates to the carriage of goods by sea.

(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.

sea.

(d) "Ship" includes any vessel used for the carriage of goods by

(e) "Carriage of goods" covers the period from the time when the goods are loaded on to the time when they are delivered 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 regard to the receipt, handling, loading, stowage, carriage, custody, care, unloading, and delivery 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 handle, load, stow, carry, keep, care for, unload, and deliver the goods carried.

3. After receiving the goods into his charge the carrier or the master or agent of the carrier shall on demand issue to the shipper a bill of lading showing amongst 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) The number of packages or pieces, or the quantity, or weight, as the case may be, as furnished in writing by the shipper;

Provided that no carrier, master, or agent of the carrier shall be bound to issue a bill of lading showing any description, marks, number, quantity, or weight which he has reasonable ground for suspecting do not accurately represent the goods actually received.

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 section 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 description, 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 a claim for loss or damage and the general nature of such claim 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, such removal shall be prima facie evidence of the delivery by the carrier of the goods as described in the bill of lading, and 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 two years 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 possible 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 rule 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.

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. 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 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.

(d) Act of God.

(e) Act of war.

(f) Act of public enemies.

Arrest or restraint of princes, rulers, or people, or seizure under legal process.

(h) Quarantine restrictions.

(2) 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.

(k) Riots and civil commotions.

(7) Saving or attempting to save life or property at sea.

(m) Inherent liability for wastage in bulk or weight or inherent defect, quality, or vice of the goods.

(n) Insufficiency of packing.

(0) 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, servants, or employees 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, servants, or employees of the carrier contributed to the loss or damage.

3. The shipper to the same extent as the carrier shall not be responsible for loss or damage sustained by the carrier or the ship arising or resulting from any of the causes particularized in the above section 2 under the headings (b), (c), (d), (e), (f), (g), (h), (j), (k), (p), and (q).

4. Any deviation in saving or attempting to save life or property at sea, or any deviation authorized by the contract of carriage (provided that such deviation shall be reasonable having regard to the service in which the ship is engaged), 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 be responsible in any event for loss or damage to or in connection with goods in an amount beyond £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 the goods are shipped and have been inserted in the bill of lading.

By agreement between the carrier, master, or agent of the carrier and the shipper another maximum amount than mentioned in this paragraph may be fixed, provided that such maximum shall not be less than the figures above named.

The declaration by the shipper as to the nature and value of any goods declared shall be prima facie evidence, but shall not be binding or conclusive on the carrier.

6. 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 wilfully misstated by the shipper in the bill of lading.

7. Goods of an inflammable or explosive nature, or of a dangerous nature, the nature and character whereof are unknown to the carrier before shipment and to the shipment whereof the carrier, master, or agent of the carrier has not consented, may at any time before delivery be destroyed or rendered innocuous by the carrier without compensation to the shipper, 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 destroyed or rendered innocuous by the carrier without liability on the part of the carrier except to general average if any.

ARTICLE V.

A carrier shall be at liberty to surrender in whole or in part all or any of his rights and immunities under these rules, provided such surrender shall be embodied in the bill of lading issued to the shipper.

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, or the care or diligence of his servants or agents in regard to the receipt, handling, loading, stowage, carriage, custody, care, unloading, and delivery 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 nonnegotiable 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.

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