Extent of Responsibility

1) In no event shall the Carrier be liable for damage to
and/or loss of goods prior to loading or after discharge, not
even if such damage or loss is to the negligence of his serv­
ants and even though the goods are in the custody of the
Carrier, his agents or servants as warehousemen or howso­
ever. In no event shall the Carrier's liability commence be­
fore the goods have been loaded over ship's rail and shall cease
at the latest when the goods have passed ship's rail upon dis­
charge. The Merchant shall be required to prove that the
goods were damaged within this period of responsibility.

2) The Carrier shall however be relieved of liability of any
loss or damage if such loss or damage arose or resulted from:

 

a) act, neglect or default of the master, mariner, pilot,
or the servants of the Carrier in the navigation or the man­
agement of the ship;

b) the wrongful act or neglect of the Merchant;

c) compliance with the instructions of any person enti­
tled to give them;

d) the lack of, or defective condition of packing in the
case of goods which, by their nature, are liable to wastage or

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to be damaged when not packed or when not properly packed, unless the packing had been carried out by Carrier;

e) handling, loading, stowage or unloading of the goods
by the Merchant or any person acting on behalf of the
Merchant;

f) inherent vice of the goods;

g) insufficiency or inadequacy of marks or numbers of
the goods, covering, or unit loads; except where they are
required to be affixed by the Carrier;

h) strikes or lockouts or stoppage or restraint of labour from whatever cause whether partial or general;

I) any other cause or event which the Carrier could not avoid and the consequences whereof he could not prevent by the exercise of reasonable diligence.

3) Where under sub-clause 2 the Carrier is not under
any liability in respect of some of the factors causing the
loss or damage, he shall only be liable to the extent that
those factors for which he is liable under this clause have
contributed to the loss or damage.

4) The burden of proving that the loss or damage was
due to one or more of the causes or events, specified in a,
b, с and I of sub-clause 2 shall rest upon the Carrier.

11. Limitation of Responsibility. In no case shall the Carrier be liable in an amount exceeding $... per package or unit, or the equivalent of that sum in other currency, unless declared with value on the Bill of Lading. When carrying loaded containers, pallets or other similar unit loads the Carrier is responsible for the number of packages enumerated in the Bill of Lading, i.e., either for the whole container (the pallet) or for its contents according to the number of packages loaded into it if such number is in­serted in the Bill of Lading. In the absence of any particu­lars about the number of packages loaded into such con­tainer (or on the pallet) the Carrier's responsibility is lim­ited only to the number of unit loads on the whole.

С. А. Семко, В. В. Сдобников, С. Н. Чеку нова

12. Notice of Loss. Unless notice of loss of or damage
to the goods and the general nature of it be given in writing
to the Carrier at the place of delivery before or at the time
of the removal of the goods into the custody of the person
entitled to delivery thereof under this Bill of Lading, or if
the loss or damage be not apparent, within three consecu­
tive days thereafter, such removal shall be prima facie ev­
idence of the delivery by the Carrier of the goods as de­
scribed in this Bill of Lading.

13. Time Bar. The Carrier shall be discharged of all
liability under the rules of these conditions unless suit is
brought within one year after delivery of the goods or in
the case of total loss of the goods the period shall begin
with the moment when the goods should have been deliv­
ered.

14. Defences for Servants, etc. The defences and lim­
its of liability provided for in this B/L shall apply to any
action against the Carrier for loss or damage to the goods
whether the action be founded in contract or in tort, also
in any action against a servant, agent, or independent con­
tractor, unless it is proved that the loss or damage resulted
from an act or omission of the Carrier or of this person
done with intent to cause damage or recklessly and with
knowledge that damage would probably result.

15. Inspection of Goods. The Carrier shall be at liberty
at the place of loading or discharging as well as during the
voyage to have the contents inspected in order to ascertain
the weight, measurement or value for the purpose of veri­
fying the freight basis and their correspondence to their
description. If on such inspection it is found that the dec­
laration is not correct it is agreed that a sum equal either to
five times the difference between the correct figure and
the freight charged, or to double the correct freight less
the freight charged, whichever sum is the smaller, shall be
payable as liquidated damages to the carrier notwithstand-

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ing any other sum having been stated on the Bill of Lading as freight payable.

16. Sealed Goods. The Carrier shall not be responsible
for the shortage of or damage to the goods arrived at the
destination in good containers or other similar receptacles
duly sealed by the Shipper and for goods delivered in other
safe and good packages without any signs of opening (un­
sealing) them during the carriage in case of Merchant's
failure to prove that such shortage of or damage to the
goods occurred through the fault of the Carrier.

17. Lien. The Carrier shall have an absolute lien on
goods for any amount due under this Contract and for con­
tribution in respect of general average and for salvage to
whomsoever due, including costs of recovering the same
and shortage fees, any may enforce such lien in any rea­
sonable manner which he may think fit. If on sale of the
goods the proceeds fail to cover the amount due and the
cost and expenses incurred the Carrier shall be entitled to
recover the difference from the Merchant.

18. Description of the Goods. The Merchant shall be
deemed to have guaranteed to the Carrier the accuracy, at
the time the goods were taken in charge by the Carrier, of
the description of the goods, marks, numbers, quantity
and weight (including gross weight of the container or any
other receptacle) and insurance as furnished by him, and
the Merchant shall indemnify the Carrier against all loss,
damage and expense arising or resulting from inaccuracies
in or inadequacy of such particulars. The Merchant is lia­
ble for the said incorrectness according to clause 15. The
right of the Carrier to such indemnity shall in no way limit
his responsibility and liability under this Bill of Lading to
any person other than the Merchant.