802

Ch. 31. No. 7.] Carriage of Goods by Sea.

 

7. After the goods are loaded the bill of lading to be issued by the
carner, 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 the same
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 these rules, shall be null and void and of no effect.

A benefit of insurance or similar clause shall be deemed to be a clause
relieving the carrier from liability.

ARTICLE IV.
Rights and immunities.

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 carmer to make the ship seaworthy, and to
secure that the ship is properly manned, equipped and supplied, and te
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 III.

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.

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;

(5) 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;

(4) quarantine restrictions;