804

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

 

 

 

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
ability on the part of the carrier except to gencral average, if any.

ARTICLE V.

Surrender of rights and immunities, and increase of responsibilities
and liabtltties.

A carrier shall be at liberty to surrender in whole or in part all or any
of his rights and immunities or to increase any of his responsibilities and
habilities under the rules contained in any of these Articles, provided
such surrender or increase shall be embodied in the bill of lading issued
to the shipper.

The provisions of these rules shall not be applicable to charterpartic. ,
but if bills of lading are issued in the case of a ship under a charterparty
they shall comply with the terms of these 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 carmer 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 diligence of his servants or agents in regard
to the leading, 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
such 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 from
entering into any agreement, stipulation, condition, 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.