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

 

(4) 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;

(2) 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;

(0) 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 these rules 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 connection with goods in an amount
exceeding $480 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 connection 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.

1 (2)

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