Preamble
THE STATES PARTIES TO
THIS CONVENTION,
HAVING RECOGNIZED the
desirability of determining by agreement certain rules relating to the carriage
of goods by sea,
HAVE DECIDED to
conclude a Convention for this purpose and have thereto agreed as follows:
Article 1
Definitions
In this Convention:
1. "Carrier" means any
person by whom or in whose name a contract of carriage of goods by sea has been
concluded with a shipper.
2. "Actual carrier" means
any person to whom the performance of the carriage of the goods, or of part of
the carriage, has been entrusted by the carrier, and includes any other person
to whom such performance has been entrusted.
3. "Shipper" means any
person by whom or in whose name or on whose behalf a contract of carriage of
goods by sea has been concluded with a carrier, or any person by whom or in
whose name or on whose behalf the goods are actually delivered to the carrier
in relation to the contract of carriage by sea.
4. "Consignee" means the
person entitled to take delivery of the goods.
5. "Goods" includes live
animals; where the goods are consolidated in a container, pallet or similar
article of transport or where they are packed, "goods" includes such
article of transport or packaging if supplied by the shipper.
6. "Contract of carriage by
sea" means any contract whereby the carrier undertakes against payment of
freight to carry goods by sea from one port to another; however, a contract
which involves carriage by sea and also carriage by some other means is deemed
to be a contract of carriage by sea for the purposes of this Convention only in
so far as it relates to the carriage by sea.
7. "Bill of lading" means a document which evidences a contract of carriage by sea and the
taking over or loading of the goods by the carrier, and by which the
carrier undertakes to deliver the goods against surrender of the document. A
provision in the document that the goods are to be delivered to the order of a
named person, or to order, or to bearer, constitutes such an undertaking.
8. "Writing" includes, inter
alia, telegram and telex.
Article 2
Scope of
application
1. The provisions of this Convention
are applicable to all contracts of carriage by sea between two different
States, if:
(a) the port of loading as provided for in the contract of
carriage by sea is located in a Contracting State, or
(b) the port of discharge as provided for in the contract of
carriage by sea is located in a Contracting State, or
(c) one of the optional ports of discharge provided for in the
contract of carriage by sea is the actual port of discharge and such port is
located in a Contracting State, or
(d) the bill of lading or other document evidencing the contract
of carriage by sea is issued in a Contracting State, or
(e) the bill of lading or other document evidencing the contract
of carriage by sea provides that the provisions of this Convention or the
legislation of any State giving effect to them are to govern the contract.
2. The provisions of this Convention
are applicable without regard to the nationality of the ship, the carrier, the
actual carrier, the shipper, the consignee or any other interested person.
3. The provisions of this Convention
are not applicable to charter-parties. However, where a bill of lading is
issued pursuant to a charter-party, the provisions of the Convention apply to
such a bill of lading if it governs the relation between the carrier and the
holder of the bill of lading, not being the charterer.
4. If a contract provides for future
carriage of goods in a series of shipments during an agreed period, the
provisions of this Convention apply to each shipment. However, where a shipment
is made under a charter-party, the provisions of paragraph 3 of this article
apply.
Article 3
Interpretation of
the Convention
In the interpretation
and application of the provisions of this Convention regard shall be had to its
international character and to the need to promote uniformity.
Article 4
Period of
responsibility
1. The responsibility of the carrier
for the goods under this Convention covers the period during which the carrier
is in charge of the goods at the port of loading, during the carriage and at
the port of discharge.
2. For the purpose of paragraph 1 of
this article, the carrier is deemed to be in charge of the goods
(a) from the time he has taken over the goods from:
(i) the
shipper, or a person acting on his behalf; or
(ii) an authority or other third party to whom, pursuant to law
or regulations applicable at the port of loading, the goods must be handed over
for shipment;
(b) until the time he has delivered the goods:
(i) by
handing over the goods to the consignee; or
(ii) in cases where the consignee does not receive the goods from
the carrier, by placing them at the disposal of the consignee in accordance
with the contract or with the law or with the usage of the particular trade,
applicable at the port of discharge; or
(iii) by handing over the goods to an authority or other third
party to whom, pursuant to law or regulations applicable at the port of
discharge, the goods must be handed over.
3. In paragraphs 1 and 2 of this
article, reference to the carrier or to the consignee means, in addition to the
carrier or the consignee, the servants or agents, respectively of the carrier
or the consignee.
Article 5
Basis of liability
1. The carrier is liable for loss
resulting from loss of or damage to the goods, as well as from delay in delivery,
if the occurrence which caused the loss, damage or delay took place while the
goods were in his charge as defined in article 4, unless the carrier proves
that he, his servants or agents took all measures that could reasonably be
required to avoid the occurrence and its consequences.
2. Delay in delivery occurs when the
goods have not been delivered at the port of discharge provided for in the
contract of carriage by sea within the time expressly agreed upon or, in the
absence of such agreement, within the time which it would be reasonable to
require of a diligent carrier, having regard to the circumstances of the case.
3. The person entitled to make a claim
for the loss of goods may treat the goods as lost if they have not been
delivered as required by article 4 within 60 consecutive days following the
expiry of the time for delivery according to paragraph 2 of this article.
4. (a)
The carrier is liable
(i) for
loss of or damage to the goods or delay in delivery caused by fire, if the
claimant proves that the fire arose from fault or neglect on the part of the
carrier, his servants or agents;
(ii) for such loss, damage or delay in delivery which is proved
by the claimant to have resulted from the fault or neglect of the carrier, his
servants or agents, in taking all measures that could reasonably be required to
put out the fire and avoid or mitigate its consequences.
(b) In case of
fire on board the ship affecting the goods, if the claimant or the carrier so
desires, a survey in accordance with shipping practices must be held into the
cause and circumstances of the fire, and a copy of the surveyor's report shall
be made available on demand to the carrier and the claimant.
5. With respect to live animals, the
carrier is not liable for loss, damage or delay in delivery resulting from any
special risks inherent in that kind of carriage. If the carrier proves that he
has complied with any special instructions given to him by the shipper
respecting the animals and that, in the circumstances of the case, the loss,
damage or delay in delivery could be attributed to such risks, it is presumed
that the loss, damage or delay in delivery was so caused, unless there is proof
that all or a part of the loss, damage or delay in delivery resulted from fault
or neglect on the part of the carrier, his servants or agents.
6. The carrier is not liable, except
in general average, where loss, damage or delay in delivery resulted from
measures to save life or from reasonable measures to save property at sea.
7. Where fault or neglect on the part
of the carrier, his servants or agents combines with another cause to produce
loss, damage or delay in delivery the carrier is liable only to the extent that
the loss, damage or delay in delivery is attributable to such fault or neglect,
provided that the carrier proves the amount of the loss, damage or delay in
delivery not attributable thereto.
Article 6
Limits of liability
1. (a)
The liability of the carrier for loss resulting from loss of or damage to goods
according to the provisions of article 5 is limited to an amount equivalent to
835 units of account per package or other shipping unit or 2.5 units of account
per kilogramme of gross weight of the goods lost or damaged, whichever is the
higher.
(b) The
liability of the carrier for delay in delivery according to the provisions of
article 5 is limited to an amount equivalent to two and a half times the
freight payable for the goods delayed, but not exceeding the total freight
payable under the contract of carriage of goods by sea.
(c) In no case
shall the aggregate liability of the carrier, under both subparagraphs (a)
and (b) of this paragraph, exceed the limitation which
would be established under subparagraph (a) of this paragraph for total
loss of the goods with respect to which such liability was incurred.
2. For the purpose of calculating
which amount is the higher in accordance with paragraph 1(a) of this
article, the following rules apply:
(a) Where a
container, pallet or similar article of transport is used to consolidate goods,
the package or other shipping units enumerated in the bill of lading, if
issued, or otherwise in any other document evidencing the contract of carriage
by sea, as packed in such article of transport are deemed packages or shipping
units. Except as aforesaid the goods in such article of transport are deemed
one shipping unit.
(b) In cases
where the article of transport itself has been lost or damaged, that article of
transport, if not owned or otherwise supplied by the carrier, is considered one
separate shipping unit.
3. Unit of account means the unit of
account mentioned in article 26.
4. By agreement between the carrier
and the shipper, limits of liability exceeding those provided for in paragraph
1 may be fixed.
Article 7
Application to
non-contractual claims
1. The defences and limits of
liability provided for in this Convention apply in any action against the
carrier in respect of loss or damage to the goods covered by the contract of
carriage by sea, as well as of delay in delivery whether the action is founded
in contract, in tort or otherwise.
2. If such an action is brought
against a servant or agent of the carrier, such servant or agent, if he proves
that he acted within the scope of his employment, is entitled to avail himself
of the defences and limits of liability which the
carrier is entitled to invoke under this Convention.
3. Except as provided in article 8,
the aggregate of the amounts recoverable from the carrier and from any persons
referred to in paragraph 2 of this article shall not exceed the limits of
liability provided for in this Convention.
Article 8
Loss of right to
limit responsibility
1. The carrier is not entitled to the
benefit of the limitation of liability provided for in article 6 if it is
proved that the loss, damage or delay in delivery resulted from an act or
omission of the carrier done with the intent to cause such loss, damage or
delay, or recklessly and with knowledge that such loss, damage or delay would
probably result.
2. Notwithstanding the provisions of
paragraph 2 of article 7, a servant or agent of the carrier is not entitled to
the benefit of the limitation of liability provided for in article 6 if it is
proved that the loss, damage or delay in delivery resulted from an act or
omission of such servant or agent, done with the intent to cause such loss,
damage or delay, or recklessly and with knowledge that such loss, damage or
delay would probably result.
Article 9
Deck cargo
1. The carrier is entitled to carry
the goods on deck only if such carriage is in accordance with an agreement with
the shipper or with the usage of the particular trade or is required by
statutory rules or regulations.
2. If the carrier and the shipper have
agreed that the goods shall or may be carried on deck, the carrier must insert
in the bill of lading or other document evidencing the contract of carriage by
sea a statement to that effect. In the absence of such a statement the carrier
has the burden of proving that an agreement for carriage on deck has been
entered into; however, the carrier is not entitled to invoke such an agreement
against a third party, including a consignee, who has acquired the bill of
lading in good faith.
3. Where the goods have been carried on deck contrary to the prov