International Convention
FOR THE UNIFICATION OF CERTAIN RULES OF LAW RELATING TO BILLS OF LADING AND
PROTOCOL OF SIGNATURE
(Brussels,
25.VIII.1924)
The
President of the German Republic, the President of the Argentine Republic, ...
etc.
Having
recognized the utility of fixing by agreement certain uniform rules of law
relating to bills of lading.
Have
decided to conclude a convention with this object and have appointed the
following Plenipotentiaries:
(Follows
the list of Plenipotentiaries)
Who,
duly authorized thereto, have agreed as follows:
In
this Convention the following words are employed with the meanings set out
below:
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 sea, 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 in stated as being
carried on deck and is so carried.
d) "Ship" means
any vessel used for the carriage of goods by sea.
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.
Subject
to the provisions of Article 6, under every contract of carriage of goods by
sea 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.
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 4, 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 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 marks, number, quantity and weight, as furnished by
him, and the shipper shall indemnity 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 of 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.
If
the loss or damage is not apparent, the notice must be given within three days
of the delivery of the goods.
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 is brought within one year 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 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
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, if it shows the particulars mentioned in 3 of
Article 3, 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 connexion 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 this Convention, shall be null and void and of no effect. A benefit of
insurance in favour of the carrier or similar clause shall be deemed to be a
clause relieving the carrier from liability.
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, carnage and preservation in accordance with
the provisions of 1 of Article 3. 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 lockouts or
stoppage or restraint of labor 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 or privity of the carrier, or without the actual 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
this Convention 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 in any event be or become liable for any
loss or damage to or in connexion with goods in an amount exceeding 100 pounds
sterling per package of 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 paragraph may be fixed,
provided that such maximum shall not be less than the figure above named.
Neither
the carrier nor the ship shall be responsible in any event for loss or damage
to, or in connexion with, goods if the nature or value thereof has been
knowingly misstated by the shipper in the bill of lading.
6.
Goods of an inflammable, explosive or dangerous nature to the shipment when of
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 damage 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.
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
obligations under this Convention, provided such surrender or increase shall be
embodied in the bill of lading issued to the shipper.
The
provisions of this Convention 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 Convention. Nothing in these rules shall be
held to prevent the insertion in a bill of lading of any lawful provision
regarding general average.
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 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 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 a reasonably to justify a
special agreement.
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 connexion 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.
The
provisions of this Convention 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 sea-going vessels.
The
monetary units mentioned in this Convention are to be taken to be gold value.
Those
contracting States in which the pound sterling is not a monetary unit reserve
to themselves the right of translating the sums indicated in this Convention in
terms of pound sterling into terms of their own monetary system in round
figures.
The
national laws may reserve to the debtor the right of discharging his debt in
national concurrency according to the rate of exchange prevailing on the day of
the arrival of the ship at the port of discharge of the goods concerned.
The
provisions of this Convention shall apply to all bills of lading issued in any
of the contracting States.
After
an interval of not more than two years from the day of which the Convention is
signed, the Belgian Government shall place itself in communication with the
Governments of the High Contracting Parties which have declared themselves
prepared to ratify the Convention, with a view to deciding whether it shall be
put into force. The ratifications shall be deposited at Brussels at a date to
be fixed by agreement among the said Governments. The first deposit of
ratifications shall be recorded in a proces-verbal signed by the
representatives of the Powers which take part therein and by the Belgian
Minister for Foreign Affairs.
The
subsequent deposit of ratifications shall be made by means of a written
notification, addressed to the Belgian Government and accompanied by the
instrument of ratification.
A
duly certified copy of the proces-verbal relating to the first deposit of
ratifications, of the notifications referred to in the previous paragraph, and
also of the instruments of ratification accompanying them, shall be immediately
sent by the Belgian Government through the diplomatic channel to the Powers who
have acceded to it. In the cases contemplated in the preceding paragraph, the
said Government shall inform them at the same time of the date on which it
received the notification.
Non-signatory
States may accede to the present Convention whether or not they have been
represented at the International Conference at Brussels.
A
State which desires to accede shall notify its intention in