L.R.O. 1/2012
LAWS OF GUYANA
CARRIAGE OF GOODS BY SEA ACT
CHAPTER 49:02
Act
8 of 1927


Current Authorised Pages
Pages
(inclusive)
Authorised
by L.R.O.
1 – 14 ... 1/2012





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Note
on
Subsidiary Legislation
This Chapter contains no subsidiary legislation
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CHAPTER 49:02
CARRIAGE OF GOODS BY SEA ACT
ARRANGEMENT OF SECTIONS
SECTION
1. Short title.
2. Application of Rules in Schedule.
3. Absolute warranty of seaworthiness not to be implied in contracts to
which Rules apply.
4. Statement as to application of Rules to be included in bills of lading.
5. Modification of Article VI of Rules in relation to coasting trade.
6. Modification of Rules 4 and 5, Article III, in relation to bulk cargoes.
7. Saving and operation.
SCHEDULE— Rules relating to Bills of Lading.
__________________________ 1929 Ed.
c. 123
1953 Ed.
c. 266 _______________________________________________________
8 of 1927 An Act to amend the Law with respect to the Carriage of
Goods by Sea.
[21ST MAY, 1927]
Short title.

Application of
Rules in
Schedule.
1. This Act may be cited as the Carriage of Goods by
Sea Act.
2. Subject to this Act, the Rules set forth in the
Schedule and hereinafter referred to as “the Rules,” shall have
effect in relation to and in connection with the carriage of
goods by sea in ships carrying goods from any port in
Guyana to any other port whether in or outside Guyana.

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Absolute
warranty of
seaworthiness
not to be
implied in
contracts to
which Rules
apply.
Statement as to
application of
Rules to be
included in
bills of lading.

Modification of
Article VI of
Rules in
relation to
coasting trade.

Modification of
Rules 4 and
5, Article III, in
relation to bulk
cargoes.

Saving and
operation.
c. 49:01.
3. There shall not be implied in a contract for the
carriage of goods by sea to which the Rules apply any
absolute undertaking by the carrier of the goods to provide a
seaworthy ship.
4. Every bill of lading or similar document of title
issued in Guyana which contains or is evidence of a contract
to which the Rules apply shall contain an express statement
that it is to have effect subject to the Rules as applied by this
Act.
5. Article VI of the Rules shall, in relation to the
carriage of goods by sea in ships carrying goods from any
port in Guyana to any other port therein, have effect as
though that Article referred to goods of any class instead of to
particular goods and as though the proviso to the second
paragraph of the Article were omitted.
6. Where 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 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.
7. Nothing in this Act shall affect the operation
Guyana Shipping Act, or the operation of any other written
law for the time being in force limiting the liability of the
owners of seagoing vessels.

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s. 2
SCHEDULE
RULES RELATING TO BILLS OF LADING
ARTICLE I
Definitions
In these Rules the following expressions have the
meanings 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 document of title regulates the relations
between a carrier and a holder of the same;

“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;
“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.

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ARTICLE II
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 III
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;
(c) 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.
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—

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(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 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 the end of the voyage;
(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;
(c) the apparent order and condition 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 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 paragraph 3 (a), (b), and (c).
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
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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.
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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
carrier to make the ship seaworthy, and to secure that the ship
is properly 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 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;

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(b) 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;
(h) quarantine restrictions;
(i) 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;
(1) 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;
(o) insufficiency or inadequacy of marks;
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(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 £100 sterling 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
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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.
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.
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
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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 V I
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
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 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 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,
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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.
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 I X
The monetary units mentioned in these Rules are to be taken
to be gold value.
_________________