INTERNATIONAL CONVENTION FOR THE UNIFICATION OF CERTAIN RULES OFLAW RELATING TO BILLS OF LADING, 1924
INTERNATIONAL CONVENTION FOR THE UNIFICATION OF CERTAIN RULES OFLAW RELATING TO BILLS OF LADING, 1924
Whole document
Article 1
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 is 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.
Article 2
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.
Article 3
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
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 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 of 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 an 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 paragraph 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.
Article 4
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 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 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) 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 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¡ê 100 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 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 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 5
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.
Article 6
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 nonnegotiable 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 7
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.
Article 8
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 seagoing vessels.
Article 9
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 currency 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.
Article 10
The provisions of this Convention shall apply to all bills of lading
issued in any of the contracting States.
Article 11
After an interval of not more than two years from the day on 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
process-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 process-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 signed this Convention or 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.
Article 12
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 writing
to the Belgian Government, forwarding to it the document of accession,
which shall be deposited in the archives of the said Government.
The Belgian Government shall immediately forward to all the States
which have signed or acceded to the Convention a duly certified copy of
the notification and of the act of accession, mentioning the date on
which it received the notification.
Article 13
The High Contracting Parties may at the time of signature,
ratification or accession declare that their acceptance of the present
Convention does not include any or all of the self-governing dominions, or
of the colonies, overseas possessions, protectorates or territories under
their sovereignty or authority, and they may subsequently accede
separately on behalf of any self-governing dominion, colony, overseas
possession, protectorate or territory excluded in their declaration. They
may also denounce the Convention separately in accordance with its
provisions in respect of any self-governing dominion, or any colony,
overseas possession, protectorate or territory under their sovereignty or
authority.
Article 14
The present Convention shall take effect, in the case of the States
which have taken part in the first deposit of ratifications, one year
after the date of the protocol recording such deposit. As respects the
States which ratify subsequently or which accede, and also in cases in
which the Convention is subsequently put into effect in accordance with
Article 13, it shall take effect six months after the notifications
specified in paragraph 2 of Article 11 and paragraph 2 of Article 12 have
been received by the Belgian Government.
Article 15
In the event of one of the contracting States wishing to denounce the
present Convention, the denunciation shall be notified in writing to the
Belgian Government, which shall immediately communicate a duly certified
copy of the notification to all the other States, informing them of the
date on which it was received.
The denunciation shall only operate in respect of the State which made
the notification, and on the expiry of one year after the notification
has reached the Belgian Government.
Article 16
Any one of the contracting States shall have the right to call for a
fresh conference with a view to considering possible amendments.
A State which would exercise this right should notify its intention to
the other States through the Belgian Government, which would make
arrangements for convening the Conference.
DONE at Brussels, in a single copy, August 25, 1924.
atent defects not discoverable by due diligence.
(q) 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 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¡ê 100 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 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 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 5
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.
Article 6
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 nonnegotiable 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 7
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.
Article 8
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 seagoing vessels.
Article 9
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 currency 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.
Article 10
The provisions of this Convention shall apply to all bills of lading
issued in any of the contracting States.
Article 11
After an interval of not more than two years from the day on 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
process-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 process-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 signed this Convention or 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.
Article 12
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 writing
to the Belgian Government, forwarding to it the document of accession,
which shall be deposited in the archives of the said Government.
The Belgian Government shall immediately forward to all the States
which have signed or acceded to the Convention a duly certified copy of
the notification and of the act of accession, mentioning the date on
which it received the notification.
Article 13
The High Contracting Parties may at the time of signature,
ratification or accession declare that their acceptance of the present
Convention does not include any or all of the self-governing dominions, or
of the colonies, overseas possessions, protectorates or territories under
their sovereignty or authority, and they may subsequently accede
separately on behalf of any self-governing dominion, colony, overseas
possession, protectorate or territory excluded in their declaration. They
may also denounce the Convention separately in accordance with its
provisions in respect of any self-governing dominion, or any colony,
overseas possession, protectorate or territory under their sovereignty or
authority.
Article 14
The present Convention shall take effect, in the case of the States
which have taken part in the first deposit of ratifications, one year
after the date of the protocol recording such deposit. As respects the
States which ratify subsequently or which accede, and also in cases in
which the Convention is subsequently put into effect in accordance with
Article 13, it shall take effect six months after the notifications
specified in paragraph 2 of Article 11 and paragraph 2 of Article 12 have
been received by the Belgian Government.
Article 15
In the event of one of the contracting States wishing to denounce the
present Convention, the denunciation shall be notified in writing to the
Belgian Government, which shall immediately communicate a duly certified
copy of the notification to all the other States, informing them of the
date on which it was received.
The denunciation shall only operate in respect of the State which made
the notification, and on the expiry of one year after the notification
has reached the Belgian Government.
Article 16
Any one of the contracting States shall have the right to call for a
fresh conference with a view to considering possible amendments.
A State which would exercise this right should notify its intention to
the other States through the Belgian Government, which would make
arrangements for convening the Conference.
DONE at Brussels, in a single copy, August 25, 1924.
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