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Maltese Laws |
CARRIAGE OF GOODS BY SEA ACT
To make provision in respect of the Carriage of Goods by Sea.
(17th December, 1954)*
ACT XI of 1954 as amended by Acts XI of 1973 and XIII of 1983; and
Legal Notice 409 of 2007.
Act.
3. Notwithstanding any provisions to the contrary contained in the Commercial Code, the Rules shall have effect, subject to the provisions of this Act, in relation to and in connection with the carriage of goods by sea in any vessel used for that purpose and carrying goods from Malta to any other port, but not if such vessel is carrying goods within the limits of Malta, that is from one island to the other or from one part of an island to another part of the same island.
6. Where under the usages of any trade the weight of any bulk cargo i n serted i n the b ill o f lading is a weight ascertain e d 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.
286 to 291, both included, and of Part IX of the Merchant Shipping Act, or the operation of any other enactment, for the time being in force, limiting the liability of shipowners.
Short title. Interpretation.
Application of the
Rules.
Cap. 13.
No implied war- ranty of seaworthi- ness.
Statement as to applicability of the Rules to be included in bills of lading.
Modification of rules 4 and 5 of Article III of the Rules in relation to bulk cargoes.
Saving clause. Substituted by: XI. 1973.377. Cap. 234.
Operation of the
Rules.
*See Government Notice No. 571 of 18th December, 1954.
contract as aforesaid.
Amended by: XIII. 1983.5.
SCHEDULE
Rules Relating To Bills Of Lading
ARTICLE I
Definitions
I n these R u les the fol l o w in g expressions have the meanings hereby assigned to them respectively, that is to say:
"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;
"carrier" includes the owner or the charterer who enters into a contract of carriage with a shipper;
"contract of carriage" app lies only t o co ntracts of carriage covered by a bill of lading or any similar document of title,
in so far as such d o cument relat e s to the carriage o f goods by sea, including any bill of lading or any similar document as
aforesaid issued under or pursu ant to a charter party fro m 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 carria ge is stated as being carried on deck and is so carried;
"ship" means any vessel used for the carriage of goods by sea.
ARTICLE II
Risks
Subject to the provisions of Article VI, under every contract of carriage of goods by sea the carrier, in relation to th e 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 III
Responsibilities and Liabilities
(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.
(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 g oods as therein describ e d in accordance with paragraph 3 (a), (b) and (c).
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 lo ss or da mage be not appa re nt , within three da ys, 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 dam age the carrier and the receiver shall give all reasonable facilities to each
other for inspecting and tallying the goods.
A benefit of insurance or similar clause shall be deemed to be a clause relieving the carrier from liability.
ARTICLE IV
Rights and Immunities.
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.
(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) 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.
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.
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 Increases of
Responsibilities and Liabilities
A carrier shall be at liberty to surrender in whole or in part all or an y o f hi s ri ght s and i m m u n iti es or to increase any
of his responsibilities and liabilities under the Rules contained in any of the s e Arti cl es , p r ovi de d s u c h s u rre nde
r o r i n cr ea s e sh al l b e 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 t e rms o f t h ese 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 d ilig ence of h i s serv ant s or agents in reg a rd to
the loadin g, 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 su ch 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 fr om en ter i n g in to any ag ree m en t, st ip ul atio n, cond it
io n, 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 provi sions of these Rul es sh all n ot 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
The monetary units mentioned in these Rules are to be taken to be gold value.
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