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1924年统一提单某些法律规定的国际公约* INTERNATIONAL CONVENTION FOR THE UNIFICATION OF CERTAIN RULES OFLAW RELATING TO BILLS OF LADING, 1924

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颁布日期:19240825 实施日期:19310602 颁布单位:布鲁塞尔

  Article 1

  In this convention the following words are employed with the meaningsset out below:

  (a) “Carrier” includes the owner or the charterer who enters intoa contract of carriage with a shipper.

  (b) “Contract of carriage” applies only to contracts of carriagecovered by a bill of lading or any similar document of title, in so far assuch document relates to the carriage of goods by sea, including any billof lading or any similar document as aforesaid issued under or pursuant toa charter party from the moment at which such bill of lading or similardocument of title regulates the relations between a carrier and a holderof the same.

  (c) “Goods” includes goods, wares, merchandise, and articles ofevery kind whatsoever except live animals and cargo which by the contractof 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 thegoods are loaded on to the time they are discharged from the ship.

  Article 2

  Subject to the provisions of Article 6, under every contract ofcarriage 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 tothe rights and immunities hereinafter set forth.

  Article 3

  1. The carrier shall be bound before and at the beginning of thevoyage 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 otherparts of the ship in which goods are carried, fit and safe for theirreception, carriage and preservation.

  2. Subject to the provisions of Article 4. the carrier shall properlyand carefully load, handle, stow, carry, keep, care for, and dischargethe goods carried.

  3. After receiving the goods into his charge the carrier or the masteror agent of the carrier shall, on demand of the shipper, issue to theshipper a bill of lading showing among other things

  (a) The leading marks necessary for identification of the goods asthe same are furnished in writing by the shipper before the loading ofsuch goods starts, provided such marks are stamped or otherwise shownclearly upon the goods if uncovered, or on the cases or coverings in whichsuch goods are contained, in such a manner as should ordinarily remainlegible until the end of the voyage.

  (b) Either the number of packages or pieces, or the quantity, orweight, 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 bebound to state or show in the bill of lading any marks, number, quantity,or weight which he has reasonable ground for suspecting not accurately torepresent the goods actually received, or which he has had no reasonablemeans of checking.

  4. Such a bill of lading shall be prima facie evidence of the receiptby the carrier of the goods as therein described in accordance withparagraph 3(a), (b) and (c)。

  5. The shipper shall be deemed to have guaranteed to the carrier theaccuracy at the time of shipment of the marks, number, quantity andweight, as furnished by him, and the shipper shall indemnify the carrieragainst all loss, damages and expenses arising or resulting frominaccuracies in such particulars. The right of the carrier to suchindemnity shall in no way limit his responsibility and liability under thecontract of carriage to any person other than the shipper.

  6. Unless notice of loss or damage and the general nature of such lossor damage be given in writing to the carrier or his agent at the port ofdischarge before or at the time of the removal of the goods into thecustody of the person entitled to delivery thereof under the contract ofcarriage, or, if the loss or damage be not apparent, within three days,such removal shall be prima facie evidence of the delivery by the carrierof the goods as described in the bill of lading.

  If the loss or damage is not apparent, the notice must be given withinthree 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 orinspection.

  In any event the carrier and the ship shall be discharged from allliability in respect of loss of damage unless suit is brought within oneyear after delivery of the goods or the date when the goods should havebeen delivered.

  In the case of an actual or apprehended loss or damage the carrier andthe receiver shall give all reasonable facilities to each other forinspecting and tallying the goods.

  7. After the goods are loaded the bill of lading to be issued by thecarrier, master, or agent of the carrier, to the shipper shall, if theshipper so demands, be a “shipped” bill of lading, provided that if theshipper shall have previously taken up any document of title to suchgoods, 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 titlemay be noted at the port of shipment by the carrier, master, or agent withthe name or names of the ship or ships upon which the goods have beenshipped and the date or dates of shipment, and when so noted, if it showsthe particulars mentioned in paragraph 3 of Article 3, shall for thepurpose of this Article be deemed to constitute a “shipped” bill oflading.

  8. Any clause, covenant, or agreement in a contract of carriagerelieving the carrier or the ship from liability for loss or damage to, orin connexion with, goods arising from negligence, fault, or failure inthe duties and obligations provided in this Article or lessening suchliability otherwise than as provided in this Convention, shall be null andvoid and of no effect. A benefit of insurance in favour of the carrier orsimilar clause shall be deemed to be a clause relieving the carrier fromliability.

  Article 4

  1. Neither the carrier nor the ship shall be liable for loss or damagearising or resulting from unseaworthiness unless caused by want of duediligence on the part of the carrier to make the ship seaworthy, and tosecure that the ship is properly manned, equipped and supplied, and tomake the holds, refrigerating and cool chambers and all other parts of theship in which goods are carried fit and safe for their reception, carriageand preservation in accordance with the provisions of paragraph 1 ofArticle 3. Whenever loss or damage has resulted from unseaworthiness theburden of proving the exercise of due diligence shall be on the carrier orother person claiming exemption under this Article.

  2. Neither the carrier nor the ship shall be responsible for loss ordamage arising or resulting from

  (a) Act, neglect, or default of the master, mariner, pilot, or theservants of the carrier in the navigation or in the management of theship.

  (b) Fire, unless caused by the actual fault or privity of thecarrier.

  (c) Perils, dangers and accidents of the sea or other navigablewaters.

  (d) Act of God.

  (e) Act of war.

  (f) Act of public enemies.

  (g) Arrest or restraint of princes, rulers or people, or seizureunder legal process.

  (h) Quarantine restrictions.

  (i) Act or omission of the shipper or owner of the goods, hisagent or representative.

  (j) Strikes or lockouts or stoppage or restraint of labour fromwhatever 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 arisingfrom 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 ofthe carrier, or without the fault or neglect of the agents or servants ofthe carrier, but the burden of proof shall be on the person claiming thebenefit of this exception to show that neither the actual fault or privityof the carrier nor the fault or neglect of the agents or servants of thecarrier contributed to the loss or damage.

  3. The shipper shall not be responsible for loss or damage sustainedby the carrier or the ship arising or resulting from any cause without theact, fault or neglect of the shipper, his agents or his servants.

  4. Any deviation in saving or attempting to save life or property atsea or any reasonable deviation shall not be deemed to be an infringementor breach of this Convention or of the contract of carriage, and thecarrier shall not be liable for any loss or damage resulting therefrom.

  5. Neither the carrier nor the ship shall in any event be or becomeliable for any loss or damage to or in connexion with goods in an amountexceeding£ 100 per package or unit, or the equivalent of that sum inother currency unless the nature and value of such goods have beendeclared by the shipper before shipment and inserted in the bill oflading.

  This declaration if embodied in the bill of lading shall be primafacie evidence, but shall not be binding or conclusive on the carrier.

  By agreement between the carrier, master or agent of the carrier andthe shipper another maximum amount than that mentioned in this paragraphmay be fixed, provided that such maximum shall not be less than the figureabove named.

  Neither the carrier nor the ship shall be responsible in any event forloss or damage to, or in connexion with, goods if the nature or valuethereof has been knowingly misstated by the shipper in the bill of lading.

  6. Goods of an inflammable, explosive or dangerous nature to theshipment whereof the carrier, master or agent of the carrier has notconsented with knowledge of their nature and character, may at any timebefore discharge be landed at any place, or destroyed or renderedinnocuous by the carrier without compensation and the shipper of suchgoods shall be liable for all damages and expenses directly or indirectlyarising out of or resulting from such shipment. If any such goods shippedwith such knowledge and consent shall become a danger to the ship orcargo, they may in like manner be landed at any place, or destroyed orrendered innocuous by the carrier without liability on the part of thecarrier except to general average, if any.

  Article 5

  A carrier shall be at liberty to surrender in whole or in part all orany of his rights and immunities or to increase any of hisresponsibilities and obligations under this Convention, provided suchsurrender or increase shall be embodied in the bill of lading issued tothe shipper. The provisions of this Convention shall not be applicable tocharter parties, but if bills of lading are issued in the case of a shipunder 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 oflading 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 anyparticular goods be at liberty to enter into any agreement in any terms asto the responsibility and liability of the carrier for such goods, and asto the rights and immunities of the carrier in respect of such goods, orhis obligation as to seaworthiness, so far as this stipulation is notcontrary to public policy, or the care or diligence of his servants oragents in regard to the loading, handling, stowage, carriage, custody,care and discharge of the goods carried by sea, provided that in this caseno bill of lading has been or shall be issued and that the terms agreedshall be embodied in a receipt which shall be a nonnegotiable document andshall be marked as such.

  Any agreement so entered into shall have full legal effect.

  Provided that this Article shall not apply to ordinary commercialshipments made in the ordinary course of trade, but only to othershipments where the character or condition of the property to be carriedor the circumstances, terms and conditions under which the carriage is tobe performed are such as reasonably to justify a special agreement.

  Article 7

  Nothing herein contained shall prevent a carrier or a shipper fromentering into any agreement, stipulation, condition, reservation orexemption as to the responsibility and liability of the carrier or theship for the loss or damage to, or in connexion with, the custody and careand handling of goods prior to the loading on, and subsequent to, thedischarge from the ship on which the goods are carried by sea.

  Article 8

  The provisions of this Convention shall not affect the rights andobligations of the carrier under any statute for the time being in forcerelating 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 begold value.

  Those contracting States in which the pound sterling is not a monetaryunit reserve to themselves the right of translating the sums indicated inthis Convention in terms of pound sterling into terms of their ownmonetary system in round figures.

  The national laws may reserve to the debtor the right of discharginghis debt in national currency according to the rate of exchange prevailingon the day of the arrival of the ship at the port of discharge of thegoods concerned.

  Article 10

  The provisions of this Convention shall apply to all bills of ladingissued in any of the contracting States.

  Article 11

  After an interval of not more than two years from the day on which theConvention is signed the Belgian Government shall place itself incommunication with the Governments of the High Contracting Parties whichhave declared themselves prepared to ratify the Convention, with a viewto deciding whether it shall be put into force. The ratifications shall bedeposited at Brussels at a date to be fixed by agreement among the saidGovernments. The first deposit of ratifications shall be recorded in aprocess-verbal signed by the representatives of the Powers which take parttherein and by the Belgian Minister for Foreign Affairs.

  The subsequent deposit of ratifications shall be made by means of awritten notification, addressed to the Belgian Government and accompaniedby the instrument of ratification.

  A duly certified copy of the process-verbal relating to the firstdeposit of ratifications, of the notifications referred to in the previousparagraph, and also of the instruments of ratification accompanying them,shall be immediately sent by the Belgian Government through the diplomaticchannel to the Powers who have signed this Convention or who have accededto it. In the cases contemplated in the preceding paragraph, the saidGovernment shall inform them at the same time of the date on which itreceived the notification.

  Article 12

  Non-signatory States may accede to the present Convention whether ornot they have been represented at the International Conference atBrussels.

  A State which desires to accede shall notify its intention in writingto 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 Stateswhich have signed or acceded to the Convention a duly certified copy ofthe notification and of the act of accession, mentioning the date onwhich 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 presentConvention does not include any or all of the self-governing dominions, orof the colonies, overseas possessions, protectorates or territories undertheir sovereignty or authority, and they may subsequently accedeseparately on behalf of any self-governing dominion, colony, overseaspossession, protectorate or territory excluded in their declaration. Theymay also denounce the Convention separately in accordance with itsprovisions in respect of any self-governing dominion, or any colony,overseas possession, protectorate or territory under their sovereignty orauthority.

  Article 14

  The present Convention shall take effect, in the case of the Stateswhich have taken part in the first deposit of ratifications, one yearafter the date of the protocol recording such deposit. As respects theStates which ratify subsequently or which accede, and also in cases inwhich the Convention is subsequently put into effect in accordance withArticle 13, it shall take effect six months after the notificationsspecified in paragraph 2 of Article 11 and paragraph 2 of Article 12 havebeen received by the Belgian Government.

  Article 15

  In the event of one of the contracting States wishing to denounce thepresent Convention, the denunciation shall be notified in writing to theBelgian Government, which shall immediately communicate a duly certifiedcopy of the notification to all the other States, informing them of thedate on which it was received.

  The denunciation shall only operate in respect of the State which madethe notification, and on the expiry of one year after the notificationhas reached the Belgian Government.

  Article 16

  Any one of the contracting States shall have the right to call for afresh conference with a view to considering possible amendments.

  A State which would exercise this right should notify its intention tothe other States through the Belgian Government, which would makearrangements for convening the Conference.

  DONE at Brussels, in a single copy, August 25, 1924.

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