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Kiribati Consolidated Legislation |
LAWS
OF THE GILBERT
ISLANDS
REVISED
EDITION 1977
CHAPTER 7
CARRIAGE OF GOODS BY SEA
ARRANGEMENT OF SECTIONS
Section
1.
Short title
2. Application of rules in
Schedule
3. Absolute warranty of
seaworthiness not to be implied
4.
Statement as to application of rules to be included in bills of
lading
5. Coasting
trade
6. Bulk
cargoes
7. Saving and
operation
SCHEDULE
---------------------
An
Ordinance to give effect to the laws with respect to the carriage of goods by
sea
1
of 1926
(Cap. 77
of 1952)
(Cap. 87
of 1973)
Commencement: 31st March 1926
Short
title
1.
This Ordinance may be cited as the Carriage of Goods by Sea
Ordinance.
Application
of rules in
Schedule
2.
Subject to the provisions of this Ordinance, the rules contained in the Schedule
shall have effect in relation to, and in connection
with, the carriage of goods
by sea in ships carrying goods from any port in the Gilbert Islands to any other
port whether in or outside
the
Islands.
Absolute
warranty of seaworthiness not to be
implied
3.
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.
Statement
as to application of rules to be included in bills of
lading
4.
Any bill of lading, or similar document of title, issued in the Gilbert Islands
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 said rules as
applied by this
Ordinance.
Coasting
trade
5.
Article VI of the rules shall, in relation to the carriage of goods by sea in
ships carrying goods from any port in the Gilbert Islands
to any other port in
the Islands, have effect as though the said Article referred to goods of any
class instead of to particular
goods and as though the proviso to the second
paragraph of the said Article were
omitted.
Bulk
cargoes
6.
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
receipt of goods of the weight so inserted in the bill of lading, and the
accuracy thereof at
the time of shipment shall not be deemed to have been
guaranteed by the
shipper.
Saving
and
operation
7.
Nothing in this Ordinance shall affect the operation of sections 446 to 450,
both inclusive, 502 and 503 of the Merchant Shipping
Act 1894, as amended by any
subsequent enactment, or the operation of any other enactment for the time being
in force limiting the
liability of the owners of sea-going vessels.
1894 c. 60
_____
SCHEDULE
(Section
2)
RULES RELATING TO BILLS OF LADING
ARTICLE I
DEFINITIONS
In these rules the
following expressions have the meanings hereby assigned to them respectively,
that is to say -
"carrier" includes the owner or the charterer who enters into a contract of carriage with a shipper;
"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;
"goods" includes goods, wares, merchandises, 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;
"ship" means any vessel used for the carriage of goods by sea;
"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 the provisions
of Article VI, 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 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 grounds 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 paragraph 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 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 3 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 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 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
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, 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) wasting in bulk or weight or any other loss or damage arising from inherent defect, quality, or vice of the goods;
(n) insufficiency of packing;
(n) insufficiency or inadequacy of marks;
(o) latent defects not discoverable by due diligence;
(p) 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
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 in any event be, or become, liable for
any loss or damage to or in connection with goods
in an amount exceeding $200
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
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 connection
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 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 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 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 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
sea.
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 sea-going vessels.
ARTICLE IX
Monetary units mentioned
in these rules are to be taken to be gold value.
--------------------------------
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