Carriage of Goods by Sea

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Carriage of Goods by Sea
CARRIAGE OF GOODS BY SEA ACT

CHAPTER 50:02

LAWS OF TRINIDAD AND TOBAGO

Current Authorised Pages
Pages Authorised

(inclusive) by L.R.O.
1–12 ..

L.R.O.

Act
6 of 1926

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2 Chap. 50:02 Carriage of Goods by Sea

Note on Subsidiary Legislation

This Chapter contains no subsidiary legislation.

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Carriage of Goods by Sea Chap. 50:02 3

CHAPTER 50:02

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 6 of Rules in relation to coasting trade.
6. Modification of Rules 4 and 5 of Article 3 in relation to bulk cargoes.
7. Saving and operation.

SCHEDULE.

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4 Chap. 50:02 Carriage of Goods by Sea

CHAPTER 50:02

CARRIAGE OF GOODS BY SEA ACT

An Act to amend the law with respect to the Carriage of
Goods by Sea.

[22ND APRIL 1926]

WHEREAS at the International Conference on Maritime Law held at
Brussels in October, 1922, the delegates at the Conference,
including the delegates representing His Majesty, agreed
unanimously to recommend their respective Governments to adopt
as the basis of a convention a draft convention for the unification
of certain rules relating to bills of lading:

And whereas at a meeting held at Brussels in October, 1923, the
rules contained in the said draft convention were amended by the
Committee appointed by the said Conference:

And whereas it is expedient that the said Rules as so amended
and as set out with modifications in the Schedule to this Act (in
this Act referred to as “the Rules”) should, subject to the provisions
of this Act be given the force of law with a view to establishing the
responsibilities, liabilities, rights and immunities attaching to
carriers under bills of lading:

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

2. Subject to the provisions of this Act, the Rules contained
in the Schedule shall have effect in relation to and in connection
with the carriage of goods by sea in ships carrying goods from any
port in Trinidad and Tobago to any other port whether in or outside
Trinidad and Tobago.

3. There shall not be implied in any 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.

1950 Ed.
Ch. 31 No. 7.
6 of 1926.

Commencement.

Short title.

Application of
Rules in
Schedule.

Absolute
warranty of
seaworthiness
not to be
implied in
contracts to
which Rules
apply.

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Carriage of Goods by Sea Chap. 50:02 5

4. Every bill of lading, or similar document of title, issued in
Trinidad and Tobago which contains or is evidence of any contract
to which the Rules apply shall contain an express statement that it
is to have effect subject to the provisions of the said Rules as applied
by this Act.

5. Article 6 of the Rules shall, in relation to the carriage of
goods by sea in ships carrying goods from any port in Trinidad
and Tobago to any other port in Trinidad and Tobago, have effect
as though the said Article referred to goods of any class instead of
to particular goods and as though the proviso to the second
paragraph of the said 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. (1) Nothing in this Act shall affect the operation of
sections 446 to 450, both inclusive, 502 and 503 of the Merchant
Shipping Act, 1894, of the United Kingdom as amended by any
subsequent written law, or the operation of any other written law
for the time being in force limiting the liability of the owners of
seagoing vessels.

(2) The Rules shall not by virtue of this Act apply to
any contract for the carriage of goods by sea made before
1st January 1927, nor to any bill of lading or similar document of
title issued, whether before or after such day as aforesaid, in
pursuance of any such contract as aforesaid.

Statement as to
application of
Rules to be
included in bills
of lading.

Modification of
Article 6 of
Rules in
relation to
coasting trade.

Modification of
rules 4 and 5 of
Article 3 in
relation to
bulk cargoes.

Saving and
operation.
57 & 58.
Vict. c. 60.

Proc.
No. 24/1926.

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SCHEDULE

RULES RELATING TO BILLS OF LADING

Article 1
DEFINITIONS

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

(a) “carrier” includes the owner or the charterer who enters
into a contract of carriage with a shipper;

(b) “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;

(c) “goods” includes goods, wares, merchandises, 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) “ship” means any vessel used for the carriage of goods
by sea;

(e) “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 2
RISKS

Subject to the provisions of Article 6, 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.

Section 2.

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Carriage of Goods by Sea Chap. 50:02 7

Article 3
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 4, 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 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

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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
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.

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Carriage of Goods by Sea Chap. 50:02 9

Article 4
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 3.

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;

(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 lockouts or stoppage or restraint of labour from

whatever cause whether partial or general;
(k) riots and 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 of packing;
(o) insufficiency or inadequacy of marks;
(p) latent defects not discoverable by due diligence;

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(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
four hundred and eighty dollars per package per 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.

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.

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Carriage of Goods by Sea Chap. 50:02 11

Article 5
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 charterparties, 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 6
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 7
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

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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 8
LIMITATION OF LIABILITY

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

Article 9
The monetary units mentioned in these Rules are to be taken to be

gold value.

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