[Translation] INTERNATIONAL CONVENTION FOR THE UNIFICATION OF CERTAIN RULES RELATING TO BILLS OF LADING, SIGNED AT BRUSSELS, AUGUST 25, 1924 The President of the German Republic, the President of the Argentine Republic, His Majesty the King of the Belgians, the President of the Republic of Chile, the President of the Republic of Cuba, His Majesty the King of Denmark and Iceland, His Majesty the King of Spain, the Chief of the Estonian State, the President of the United States of America, the President of the Republic of Finland, the President of the French Republic, His Majesty the King of the United Kingdom of Great Britain and Ireland and of the British Possessions Beyond the Seas, Emperor of India, His Serene Highness the Regent of the Kingdom of Hungary, His Majesty the King of Italy, His Majesty the Emperor of Japan, the President of the Republic of Latvia, the President of the Republic of Mexico, His Majesty the King of Norway, Her Majesty the Queen of the Netherlands, the President of the Republic of Peru, the President of the Republic of Poland, the President of the Portuguese Republic, His Majesty the King of Rumania, His Majesty the King of the Serbs, Croats and Slovenes, His Majesty the King of Sweden, and the President of the Republic of Uruguay, Having recognized the utility of laying down in common accord certain uniform rules relating to bills of lading, have decided to conclude a Convention to that effect and have designated as their Plenipotentiaries, namely: THE PRESIDENT OF THE GERMAN REPUBLIC: His Excellency Mr. von Keller, Minister of Germany at Brussels. THE PRESIDENT OF THE ARGENTINE REPUBLIC: HIS MAJESTY THE KING OF THE BELGIANS: Mr. L. Franck, Minister of Colonies, President of the Interna- Mr. A. Le Jeune, Senator, Vice President of the International Mr. F. Sohr, Doctor of Law, Secretary General of the Interna- THE PRESIDENT OF THE REPUBLIC OF CHILE: His Excellency Mr. Armando Quezada, Minister of Chile at THE PRESIDENT OF THE REPUBLIC OF CUBA: HIS MAJESTY THE KING OF DENMARK AND ICELAND: HIS MAJESTY THE KING OF SPAIN: His Excellency the Marquis of Villalobar and Guimarey, Ambassador of Spain at Brussels. CHIEF OF THE ESTONIAN STATE: His Excellency Mr. Pusta, Minister of Estonia at Brussels. THE PRESIDENT OF THE UNITED STATES OF AMERICA: His Excellency Mr. William Phillips, Ambassador of the United THE PRESIDENT OF THE REPUBLIC OF FINLAND: THE PRESIDENT OF THE FRENCH REPUBLIC: His Excellency Mr. M. Herbette, Ambassador of France at HIS MAJESTY THE KING OF THE UNITED KINGDOM OF GREAT BRITAIN His Excellency the Right Honorable Sir George Grahame, HIS SERENE HIGHNESS THE REGENT OF THE KINGDOM OF HUNGARY: Count Olivier Woracziczky, Baron of Pabienitz, Chargé d'Affaires of Hungary at Brussels. HIS MAJESTY THE KING OF ITALY: Mr. J. Daneo, Chargé d'Affaires ad interim of Italy at Brussels. HIS MAJESTY THE EMPEROR OF JAPAN: His Excellency Mr. M. Adatci, Ambassador of Japan at THE PRESIDENT OF THE REPUBLIC OF LATVIA: THE PRESIDENT OF THE REPUBLIC OF MEXICO: HIS MAJESTY THE KING OF NORWAY: HER MAJESTY THE QUEEN OF THE NETHERLANDS: THE PRESIDENT OF THE REPUBLIC OF PERU: THE PRESIDENT OF THE REPUBLIC OF POLAND AND THE FREE CITY OF DANZIG: His Excellency Count Jean Szembek, Minister of Poland at THE PRESIDENT OF THE PORTUGUESE REPUBLIC: HIS MAJESTY THE KING OF RUMANIA: His Excellency Mr. Henry Catargi, Minister of Rumania at HIS MAJESTY THE KING OF THE SERBS, CROATS AND SLOVENES: Messrs. Straznicky and Verona. HIS MAJESTY THE KING OF SWEDEN: THE PRESIDENT OF THE REPUBLIC OF URUGUAY: Who, duly authorized therefor, have agreed on the following: ARTICLE 1 In this convention the following words are employed with the meanings set out below: (a) "Carrier" includes the owner of the vessel 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, insofar as such document relates to the carriage of goods by sea; it also applies to any bill of lading or any similar document as aforesaid issued under or pursuant to a charter party from the moment at which such instrument 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 grounds 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, 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. 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. 31255-38 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 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. 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, it 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 connection 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 favor 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; |