Carriage of Goods by Sea Act

Link to law: http://laws.gov.ag/acts/chapters/cap-76.pdf
Published: 1926

Carriage of Goods by Sea (CAP. 76 1

CHAPTER 76

THE CARRIAGE OF GOODS BY SEA ACT

Arrangement of Sections
Section

1. Short title.
2. Application of Rules in Schedule.
3. No absolute implied warranty of seaworthiness.
4. Statement as to application of Rules to be included in

Bills of Lading.
5. Modification of Article I11 in relation to bulkcargoes.
6. Saving.

SCHEDULE.

CARRIAGE O F GOODS BY SEA

(10th March, 1926.) 211926.
10/1926.
1511961.
1811989.

1. This Act may be cited as the Carriage of Goods Short title.
by Sea Act.

2. Subject to the provisions of this Act, the Rules in
k:$tC":ion of

the Schedule shall have effect in relation to and in connec- schedule.
tion with the carriage of goods by sea in ships carrying goods
from any port in Antigua and Barbuda to any port outside
Antigua and Barbuda.

3. There shall not be implied in any contract for the No absolute
implied warranty

carriage of goods by sea to which the Rules apply any absolute sea,ort~;ness.
undertaking by the carrier of the goods to provide a sea-
worthy ship.

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2 CAP. 76) Carriage of Goods by Sea

Statement as to
application of 4. Every bill of lading or similar document of title,
Rules to be issued in Antigua and Barbuda which contains or is evidence
included in Bills
of Lading. of any contract to which the Rules apply shall contain an

express statement that it is to have effect subject to the pro-
visions of the said Rules as applied by this Act.

Modification of
Article I11 in

5 . Where under the custom of any trade the weight
relation to bulk of any bulk cargo inserted in the bill of lading is a weight
cargoes. ascertained or accepted by a third party other than the carrier

or the shipper and the fact that the weight is so ascertained
or accepted is stated in the bill of lading, then,
notwithstanding anything in the Rules, 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 bill
of lading, and the accuracy thereof at the time of shipment
shall not be deemed to have been guaranteed by the shipper.

6. Nothing in this Act shall affect the operation of
any other enactment for the time being in force limiting the
liability of the owners of sea-going vessels.

Saving.

SCHEDULE

RULES RELATING TO BILLS OF LADING

ARTICLE 1

DEFINITIONS

In these Rules the following expressions have the meaning hereby assigned
to them respectively, that is to say-

"carrier" includes the owner or the charterer who enters into a contract of
carriage with a shipper;

" contract of carriage" applies only to contracts of carriage covered by a bill
of lading or any similar document of title, in so far 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 charter-
party from the moment at which such bill of lading or similar docu-
ment of title regulates the relations between a carrier and a holder of
the same;

LAWS OF ANTIGUA AND BARBUDA

Carriage of Goods by Sea (CAP. 76

"goods" includes goods, wares, merchandises, and articles of every kind what-
soever, except live animals and cargo which by the contract of carriage
is stated as being carried on deck and is so carried;

"ship" means any vessel used for the carriage of goods by sea;

"carriage of goods" covers the period from the time when the goods are
loaded on to the time when they are discharged from the ship.

ARTICLE I1

RISKS

Subject to the provisions of Article VI, 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 111

RESPONSIBILITIES AND LIABILITIES

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;

(6) 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, car-
riage and preservation.

2. Subject to the provisions of Article IV, 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 .A
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 A
the end of the voyage; ., s

(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;

(6) the apparent order and condition of the goods:

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4 CAP. 76) Carriage of Goods by Sea

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 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 paragraphs 3(a),(b)
and ( 6 ) .

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, or, if the loss or damage
be not apparent, within three days, such removal shall be prima facie evidence
of the delivery by the carrier of the goods as described in- the bill of lading.

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.

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 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

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Carriage of Goods by Sea (CAP. 76 5

goods arising from negligence, fault or failure in the duties and obligations pro-
vided 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 reliev-
ing 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 carrier to make the ship seaworthy, and to secure that the ship is pro-
perly 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 provi-
sions of paragraph 1 of Article 111.

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 claim-
ing 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;

( 6 ) Fire, unless caused by the actual fault or privity of the carrier;

(6) Perils, dangers and accidents of the sea or other navigable waters;

(d) Act of God;

( e ) Act of war;

V) Act of public enemies;

(J) 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;

Strikes or lock-outs or stoppage or restraint of labour from whatever
cause, whether partial or general;

(k) Riots and civil commotions;

(I) Saving or attempting to save life or property at sea;

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CAP. 76) Carriage of Goods by 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 car-
rier, 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
four hundred and eighty dollars 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 futed, provided that such maximum shall not be less than the figure above named.

Neither the carrier nor the s h i ~ shall be res~onsible in anv 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 ship-
ment 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

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Carriage of Goods by Sea (CAP. 76 7

or destroyed or rendered innocuous by the carrier without liability on the part
of the carrier except to general average, if any.

ARTICLE V

SURRENDER OF RIGHTS AND IMMUNITIES, AND INCREASE OF
RESPONSIBILITIES AND LIABILITIES

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 liabilities
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 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 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 carrier for such goods, and as to the rights and immunities of the
carrier in respect of such goods, or his obligations 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 loading, 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 circdmstances, 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

LAWS OF ANTIGUA AND BARBUDA

8 CAP. 76) Carriage of Goods by Sea

loading on and subsequent to the discharge from the ship on which the goods
are carried by sea.

ARTICLE VIII

LIMITATION OF LIABILITY

The provisions of these Rules shall not affect the rights and obligations of
the carrier under any statute for the time being in force relating to the limitation
of the liability of owners of sea-going vessels.

ARTICLE IX

The monetary units mentioned in these Rules are to be taken to be gold value.
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