Carriage of Goods By Sea Act 1926

[13 January 1926]

[preamble and words of enactment omitted]

Rules in Schedule apply to carriage of goods by sea from any port in Bermuda

1 Subject to this Act, the articles and rules in the Schedule (in this Act hereinafter referred "the Rules") shall have effect in relation to and in connection with the carriage of good by sea in ships carrying goods from any port in Bermuda to an port whether within or outside Bermuda.

Absolute undertaking to provide a seaworthy ship not implied in contract to which Rules apply

2 There shall not be implied in any contract for the carriage of goods by sea to which the Rules apply any absolute undertaking by the carrier of the goods to provide a seaworthy ship.

Bill of lading to contain express statement applying Rules

3 Every bill of lading, or similar document of title, issued in Bermuda which contains or is evidence of any contract to which the Rules apply shall contain an express statement that it is to have effect subject to the provisions of the Rules as applied by the Act,

Weight of bulk cargo; modification of Rules 4 and 5 of Article III

4 Where under the custom 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 anything in the Rules, the bill of lading shall not be deemed to be prima facie evidence against the carrier of the weight so in serted in the bill of lading, and the accuracy thereof at the time of ship ment shall not be deemed to have been guaranteed by the shipper.

Savings

5 Nothing in this Act shall affect the operation of sections 446 to 450 both inclusive and sections 502 and 503 of the Act of the Parliament of the United Kingdom entitled the Merchant Shipping Act 1894, as amended by any other subsequent Act of the Parliament of the United Kingdom, or the operation of any other Act of the parliament of the United Kingdom for the time being in force limiting the liability of owners of sea-going ships.

SCHEDULE

RULES RELATING TO BILLS OF LADING

ARTICLE I

Definitions

In these Rules the following expressions have the meanings hereby as signed to them respectively—

"carrier" includes the owners or the charterer who enters into a contract of carriage with the shipper;

"contract of carriage" applies only to contracts of carriage cov ered by a bill of lading or any similar document of title, in so
far as such document relates to the carriage of goods by sea, including any bill of lading or any similar document as afore said 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;

"goods" includes goods, wares, merchandise, and articles of ev ery kind whatsoever, except live animals and cargo, which by the contract of carriage is stated as being carried on deck and is so carried;

"ship" means any vessel used for the carriage of goods by sea; and

"carriage of goods" covers the period from the time when the goods are loaded on to the time when they are discharged from the ship.

ARTICLE II

Risks

Subject to Article VI, under any contract carriage of goods by sea the car rier, 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—

(a) to make the ship seaworthy;

(b) properly to man, equip, and supply the ship;

(c) to make the holds, refrigerating and cool chambers, an all other parts of the ship in which goods are carried, and safe for their reception, carriage and preservation.

2 Subject to 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 ship per before the loading of such goods starts, provided such marks are stamped or otherwise shown clearly upon the goods 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 voy age;

(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;

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 reason able 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 sub-paragraphs (a), (b) and (c) of paragraph 3.

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 indem nity shall in no way limit his responsibility and liability under the con tract 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 is 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 cus tody of the person entitled to delivery thereof under the contract of car riage, or, if the loss or damage is 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.

In any event the carrier and the ship shall be discharged from all liability in respect of loss or damage unless suit be brought within one year after the delivery of the goods or at 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 has previously taken up any docu ment 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 re lieving 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 du ties and obligations provided in this article or lessening such liability otherwise than as provided in these Rules, shall be null an void and of no effect.

A benefit of insurance or similar clause shall be deemed to be clause re lieving 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 s for their reception, carriage and preservation in accordance with the provisions of paragraph l of Ar ticle 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 paragraph.

2 Neither the carrier nor the ship shall be responsible for loss or damage arising or resulting—

(a) from any 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) from any fire, unless caused by the actual fault or privity of the carrier;

(d) from any act of God;

(e) from any act of war;

(f) from any act of public enemies;

(g) from any arrest or restraint of princes, rulers or people, or seizure under legal process;

(h) from any quarantine restrictions;

(i) from any act or omission of the shipper or owner of the goods, his agent or representative;

(j) from any strikes or lock-outs or stoppage or restraint of labour from whatever cause, whether partial or general;

(k) from any riots and civil commotions;

(l) from any saving or attempting to save life or property at sea;

(m) from any wastage in bulk or weight or any other loss or damage arising from inherent defect, quality, or vice of the goods;

(n) from any insufficiency of packing;

(o) from any insufficiency or inadequacy of marks;

(p) from any latent defects not discoverable by due dili gence;

(q) from any other cause arising without the actual fault or 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 infringe ment or breach of these Rules or of the contract of carriage, and the car rier shall not be liable for any loss or damage resulting therefrom.

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 goods in an amount exceeding two hundred and forty dollars 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 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 binding or 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 para graph may be fixed, provided that such maximum shall not be less than the figure above named.

Neither the carrier nor the ship shall be respon sible 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 con sented, with knowledge of their nature and character, may at any time before discharge be landed at any place or destroyed or rendered innocu ous 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 become a danger to the ship or cargo, they may in like manner be landed at any place or destroyed or rendered in nocuous by the carrier without liability on the part of the carrier except to general average, if any.

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 if such sur render or increase shall be embodied in the bill of lading issued to the shipper.

These Rules shall not be applicable to charter parties, but if bills of lad ing 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 re garding general average,

ARTICLE VI

Special Conditions

Notwithstanding the foregoing articles of these Rules, 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 responsi bility 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 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; and 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 to other shipments where the character or condition of the property to be carried or the cir cumstances, terms and conditions under which the carriage is to be performed are such as reasonably to justify a special agreement.

ARTICLE VII

Limitations on Application of Rules

Nothing herein contained shall prevent a carrier or a shipper from en tering into any agreement, stipulation, condition, reservation or exemp tion 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 han dling of goods prior to the loading on and subsequent to the discharge from the ship on which the goods are carried by sea.

ARTICLE VIII

Limitation of Liability

These Rules shall not affect the rights and obligations of the carrier un der any statute for the time being in force relating to the limitation of the liability of sea-going ships.

ARTICLE IX

Monetary Units

The monetary units mentioned in these Rules are to be taken to be gold value.

[Originally of limited duration, the Act was continued in force indefinitely by 1930:71]

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[Amended by
1952 : 11]

Bermuda Consolidated Legislation

Carriage of Goods By Sea Act 1926