Sec.
2. This Act shall take
effect upon its approval. (Approved October 22, 1936).
(a) The
term "carrier" includes the owner or the charterer who enters into a
contract
of carriage with a shipper.
(b) The
term "contract of carriage" applies only to contracts of carriage by
covered
by a bill of lading or any similar document of title, insofar as such
document
relates to the carriage of goods by sea, including any bill of lading
or
any similar document as aforesaid issued under or pursuant to a
character
party from 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.
(c) The
term "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) The
term "ship" means any vessel used for the carriage of goods by sea.
(e) The
term "carriage of goods" covers the period from the time when the goods
are loaded to the time when they are discharged from the ship.
(a) Make
the ship seaworthy;
(b) Properly
man,equip, and supply the ship;
(c) Make
the holds, refrigerating and cooling chambers, and all other parts of
the
ship in which goods are carried, fit and safe for their reception,
carriage,
and preservation.
(2) 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 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
loading 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 marksare stamped or
otherwise shown clearly upon the goods if uncovered,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 casemay
be, as furnished in writing by the shipper.
(c) The
apparent order and conditions 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 good 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 paragraphs (3)
(a),
(b), and (c), of this section: (The rest of the provision is not
applicable
to the Philippines).
(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 or loss or damage and the general nature of such loss or damage
by given in writing to the carrier or his agent at the port of
discharge
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.
Said
notice of loss or damage may be endorsed upon the receipt for the goods
given by the person taking delivery thereof.
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:
Provided, that, if a notice of loss or damage, either apparent or
concealed,
is not given as provided for in this section, that fact shall not
affect
or prejudice the right of the shipper to bring suit within one year
after
the 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, 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
section
be deemed to constitute a "shipped" bill of lading.
(8) Any
clause, covenant, or agreement in a contract of carriage relieving the
carrier of the ship from liability for loss or damage to or in
connection
with the goods, arising from negligence, fault, or failure in the
duties
and obligations provide in this section or lessening such liability
otherwise
than as provided in this Act, 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.
(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;
(c) Perils,
dangers, and accidents of the sea or other navigable water;
(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 lockouts or stoppage or restraint of labor from whatever cause,
whether
partial or general: Provided, that nothing herein contained shall be
construed
to relieve a carrier from responsibility for the carrier's own acts;
(k) Riotsand
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
or packing;
(o) Insufficiency
or inadequacy of marks;
(p) Latent
defects not discoverable by due diligence; and
(q) Any
other cause arising without the actual fault and privity of the carrier
and 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, 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
or this Act or of the contract of carriage, and carrier shall not be
liable
for any loss or damage resulting therefrom: Provided, however, that if
the deviation is for the purpose of loading or unloading cargo or
passengers
it shall, prima facie, be regarded as unreasonable.
(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 the transportation of goods in
an amount exceeding $500 per package of lawful money of the United
States,
or in case of goods not shipped in packages, per customary freight
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 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. In no event shall the carrier be liable for more than the
amount of damage actually sustained.
Neither
the carrier nor the ship shall be responsible in any event for loss
damage
to or in connection with the transportation of the goods if the nature
or value thereof has been knowingly and fraudulently 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. 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.
The
provisions of this Act 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 terms of this Act. Nothing in this Act shall
be held to prevent the insertion in a bill of lading of any lawful
provisions
regarding general average.
Any
agreement so entered into shall have full legal effect: Provided, that
this section 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.
Sec.
7. Nothing contained in
this Act 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.
Sec.
8. The provisions of this
Act shall not affect the rights and obligations of the carrier under
the
provisions of the Shipping Act, 1916, or under the provisions of
Sections
4281 to 4292, inclusive, of the Revised Statutes of the United States,
or of any amendments thereto, or under the provisions of any other
enactment
for the time being in force relating to the limitation of the liability
of the owners of seagoing vessels.
Sec.
10. (Not applicable to
the Philippines.)
Sec.
11. When under the custom
of any trade the weight of any bulk cargo inserted in the bill of
lading
is a weight ascertained or accepted by a third party other than the
carrier
or the shipper and the fact that the weight as ascertained or accepted
is stated in the bill of lading, then notwithstanding anything in this
Act, 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 bills of lading, and the accuracy thereof at the time of shipment
shall
not be deemed to have been guaranteed by the shipper.
Sec.
12. (Not applicable to
the Philippines.)
Sec.
13. This Act shall apply
to all contracts for carriage of goods by seas to or from ports of the
United States in foreign trade. As used in this Act the term
"United States"
includes its districts, territories, and possessions: Provided,
however,
that the Philippine Legislature may by law exclude its application to
transportation
to or from ports of the Philippine Islands. The term "foreign trade"
means
the transportation of goods between the ports of the United States and
ports of foreign countries. Nothing in this Act shall be held to apply
to contracts for carriage of goods by sea between any port of the
United
States or its possessions and any other port of the United States or
its
possessions: Provided, however, that any bill of lading or similar
document
of the title which is evidence of a contract for the carriage of goods
by sea between such ports, containing an express statement that it
shall
be subject to the provisions of this Act; shall be subjected hereto as
fully as if subject hereto by the express provisions of this Act:
Provided,
further, that every bill of lading or similar document of title which
is
evidence of a contract for the carriage of goods by sea from ports of
the
United States in foreign trade, shall contain a statement that it shall
have effect subject to the provisions of this Act.
Sec.
14. Upon the certification
of the Secretary of Commerce that the foreign commerce of the United
States
in its competition with that of foreign nations is prejudiced by the
provisions,
or any of them, of the Title I of this Act, or by the laws of any
foreign
country or countries relating to the carriage of goods by sea, the
President
of the United States may, from time to time by proclamation, suspend
any
or all provisions of Title I of this Act for such periods of time or
indefinitely
as may be designated in the proclamation. The President may at any time
rescind such suspension of Title I hereof, and any provisions thereof
which
may have been suspended shall thereby be reinstated and again apply to
contracts thereafter made for carriage of goods by sea. Any
proclamation
of suspension or rescission of any such suspension shall take effect on
the date named therein, which date shall be not less than ten days from
the issue of the proclamation.
Any
contract for the carriage of goods by sea, subject to the provisions of
this Act, effective during any period when Title I hereof, or any part
thereof, is suspended, shall be subject to all provisions of law now or
hereafter applicable to that part of Title I which may have thus been
suspended.
Sec.
15. This Act shall take
effect ninety days after the date of its approval; but nothing in this
Act shall apply during a period not to exceed one year following its
approval
to any contract for the carriage of goods by sea, made before the date
on which this Act is approved nor to any bill of lading or similar
document
of title issued, whether before or after such date of approval in
pursuance
of any such contract as aforesaid.
Approved: April 16, 1936
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