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MARITIME LAW

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中华人民共和国海商法(英文版)


MARITIME LAW OF THE PEOPLE'S REPUBLIC OF CHINA


 


(Adopted at the 28th Meeting of the Standing Committee of the SeventhNational People's Congress on November 7, 1992, promulgated by Order No. 64 ofthe President of the People's Republic of China on November 7, 1992, andeffective as of July 1, 1993)


 


Chapter I General Provisions

Chapter II Ships

Section 1 Ownership of Ships

Section 2 Mortgage of Ships

Section 3 Maritime Liens

Chapter III Crew

Section 1 Basic Principles

Section 2 the Master

Chapter IV Contract of Carriage of Goods by Sea

Section 1 Basic Principles

Section 2 Carrier's Responsibilities

Section 3 Shipper's Responsibilities

Section 4 Transport Documents

Section 5 Delivery of Goods

Section 6 Cancellation of Contract

Section 7 Special Provisions Regarding Voyage Charter Party

Section 8 Special Provisions Regarding Multimodal Transport Contract

Chapter V Contract of Carriage of Passengers by Sea

Chapter VI Charter Parties

Section 1 Basic Principles

Section 2 Time Charter Party

Section 3 Bareboat Charter Party

Chapter VII Contract of Sea Towage

Chapter VIII Collision of Ships

Chapter IX Salvage at Sea

Chapter X General Average

Chapter XI Limitation of Liability for Maritime Claims

Chapter XII Contract of Marine Insurance

Section 1 Basic Principles

Section 2 Conclusion, Termination and Assignment of Contract

Section 3 Obligations of the Insured

Section 4 Liability of the Insurer

Section 5 Loss of or Damage to the Subject Matter Insured and Abandonment

Section 6 Payment of Indemnity

Chapter XIII Limitation of Time

Chapter XIV application of Law in Relation to Foreign-Related Matters

Chapter XV Supplementary Provisions


Article 1


This Code is enacted with a view to regulating the relations arising frommaritime transport and those pertaining to ships, to securing and protectingthe legitimate rights and interests of the parties concerned, and to promotingthe development of maritime transport, economy and trade.


Article 2


"Maritime transport" as referred to in this Code means thecarriage of goods and passengers by sea, including the sea-river and river-seadirect transport.

The provisions concerning contracts of carriage of goods by sea ascontained in Chapter IV of this Code shall not be applicable to the maritimetransport of goods between the ports of the People's Republic of China.


Article 3


"Ship" as referred to in this Code means sea-going ships andother mobile units, but does not include ships or craft to be used for militaryor public service purposes, nor small ships of less than 20 tons gross tonnage.

The term "ship" as referred to in the preceding paragraph shallalso include ship's apparel.


Article 4


Maritime transport and towage services between the ports of the People'sRepublic of China shall be undertaken by ships flying the national flag of thePeople's Republic of China, except as otherwise provided for by laws oradministrative rules and regulations.

No foreign ships may engage in the maritime transport or towage servicesbetween the ports of the People's Republic of China unless permitted by thecompetent authorities of transport and communications under the State Council.


Article 5


Ships are allowed to sail under the national flag of the People's Republicof China after being registered, as required by law, and granted thenationality of the People's Republic of China.

Ships illegally flying the national flag of the People's Republic of Chinashall be prohibited and fined by the authorities concerned.


Article 6


All matters pertaining to maritime transport shall be administered by thecompetent authorities of transport and communications under the State Council.The specific measures governing such administration shall be worked out by suchauthorities and implemented after being submitted to and approved by the StateCouncil.


Article 7


The ownership of a ship means the shipowner's rights to lawfully possess,utilize, profit from and dispose of the ship in his ownership.


Article 8


With respect to a State-owned ship operated by an enterprise owned by thewhole people having a legal person status granted by the State, the provisionsof this Code regarding the shipowner shall apply to that legal person.


Article 9


The acquisition, transference or extinction of the ownership of a shipshall be registered at the ship registration authorities; no acquisition,transference or extinction of the ship's ownership shall act against a thirdparty unless registered.

The transference of the ownership of a ship shall be made by a contract inwriting.


Article 10


Where a ship is jointly owned by two or more legal persons or individuals,the joint ownership thereof shall be registered at the ship registrationauthorities. The joint ownership of the ship shall not act against a thirdparty unless registered.


Article 11


The right of mortgage with respect to a ship is the right of preferredcompensation enjoyed by the mortgagee of that ship from the proceeds of theauction sale made in accordance with law where and when the mortgagor fails topay his debt to the mortgagee secured by the mortgage of that ship.


Article 12


The owner of a ship or those authorized thereby may establish the mortgageof the ship.

The mortgage of a ship shall be established by a contract in writing.


Article 13


The mortgage of a ship shall be established by registering the mortgage ofthe ship with the ship registration authorities jointly by the mortgagee andthe mortgagor. No mortgage may act against a third party unless registered.

The main items for the registration of the mortgage of a ship shall be:

(1) Name or designation and address of the mortgagee and the name ofdesignation and address of the mortgagor of the ship;

(2) Name and nationality of the mortgaged ship and the authorities thatissued the certificate of ownership and the certificate number thereof;

(3) Amount of debt secured, the interest rate and the period for therepayment of the debt.

Information about the registration of mortgage of ships shall beaccessible to the public for enquiry.


Article 14


Mortgage may be established on a ship under construction.

In registering the mortgage of a ship under construction, the buildingcontract of the ship shall as well be submitted to the ship registrationauthorities.


Article 15


The mortgaged ship shall be insured by the mortgagor unless the contractprovides otherwise. In case the ship is not insured, the mortgagee has theright to place the ship under insurance coverage and the mortgagor shall payfor the premium thereof.


Article 16


The establishment of mortgage by the joint owners of a ship shall, unlessotherwise agreed upon among the joint owners, be subject to the agreement ofthose joint owners who have more than two-thirds of the shares thereof.

The mortgage established by the joint owners of a ship shall not beaffected by virtue of the division of ownership thereof.


Article 17


Once a mortgage is established on a ship, the ownership of the mortgagedship shall not be transferred without the consent of the mortgagee.


Article 18


In case the mortgagee has transferred all or part of his right to debtsecured by the mortgaged ship to another person, the mortgage shall betransferred accordingly.


Article 19


Two or more mortgages may be established on the same ship. The ranking ofthe mortgages shall be determined according to the dates of their respectiveregistrations.

In case two or more mortgages are established, the mortgagees shall bepaid out of the proceeds of the auction sale of the ship in the order ofregistration of their respective mortgages. The mortgages registered on thesame date shall rank equally for payment.


Article 20


The mortgages shall be extinguished when the mortgaged ship is lost. Withrespect to the compensation paid from the insurance coverage on account of theloss of the ship, the mortgagee shall be entitled to enjoy priority incompensation over other creditors.


Article 21


A maritime lien is the right of the claimant, subject to the provisions ofArticle 22 of this Code, to take priority in compensation against shipowners,bareboat charterers or ship operators with respect to the ship which gave riseto the said claim.


Article 22


The following maritime claims shall be entitled to maritime liens:

(1) Payment claims for wages, other remuneration, crew repatriation andsocial insurance costs made by the Master, crew members and other members ofthe complement in accordance with the relevant labour laws, administrativerules and regulations or labour contracts;

(2) Claims in respect of loss of life or personal injury occurred in theoperation of the ship;

(3) Payment claims for ship's tonnage dues, pilotage dues, harbour duesand other port charges;

(4) Payment claims for salvage payment;

(5) Compensation claims for loss of or damage to property resulting fromtortious act in the course of the operation of the ship.

Compensation claims for oil pollution damage caused by a ship carryingmore than 2,000 tons of oil in bulk as cargo that has a valid certificateattesting that the ship has oil pollution liability insurance coverage or otherappropriate financial security are not within the scope of sub-paragraph (5) ofthe preceding paragraph.


Article 23


The maritime claims set out in paragraph 1 of Article 22 shall besatisfied in the order listed. However, any of the maritime claims set out insub-paragraph (4) arising later than those under sub-paragraph (1) through (3)shall have priority over those under sub- paragraph (1) through (3). In casethere are more than two maritime claims under sub-paragraphs (1), (2), (3) or(5) of paragraph 1 of Article 22, they shall be satisfied at the same timeregardless of their respective occurrences; where they could not be paid infull, they shall be paid in proportion. Should there be more than two maritimeclaims under sub-paragraph (4), those arising later shall be satisfied first.


Article 24


The legal costs for enforcing the maritime liens, the expenses forpreserving and selling the ship, the expenses for distribution of the proceedsof sale and other expenses incurred for the common interests of the claimants,shall be deducted and paid first from the proceeds of the auction sale of theship.


Article 25


A maritime lien shall have priority over a possessory lien, and apossessory lien shall have priority over ship mortgage.

The possessory lien referred to in the preceding paragraph means the rightof the ship builder or repairer to secure the building or repairing cost of theship by means of detaining the ship in his possession when the other party tothe contract fails in the performance thereof. The possessory lien shall beextinguished when the ship builder or repairer no longer possesses the ship hehas built or repaired.


Article 26


Maritime liens shall not be extinguished by virtue of the transfer of theownership of the ship, except those that have not been enforced within 60 daysof a public notice on the transfer of the ownership of the ship made by a courtat the request of the transferee when the transfer was effected.


Article 27


In case the maritime claims provided for in Article 22 of this Code aretransferred, the maritime liens attached thereto shall be transferredaccordingly.


Article 28


A maritime lien shall be enforced by the court by arresting the ship thatgave rise to the said maritime lien.


Article 29


A maritime lien shall, except as provided for in Article 26 of this Code,be extinguished under one of the following circumstances:

(1) The maritime claim attached by a maritime lien has not been enforcedwithin one year of the existence of such maritime lien;

(2) The ship in question has been the subject of a forced sale by thecourt;

(3) The ship has been lost.

The period of one year specified in sub-paragraph (1) of the precedingparagraph shall not be suspended or interrupted.


Article 30


The provisions of this Section shall not affect the implementation of thelimitation of liability for maritime claims provided for in Chapter XI of thisCode.


 Article 31


The term "crew" means the entire complement of the ship,including the Master.


Article 32


The Master, deck officers, chief engineer, engineers, electrical engineerand radio operator must be those in possession of appropriate certificates ofcompetency.


Article 33


Chinese "crew" engaged in international voyages must possessSeaman's Book and other relevant certificates issued by the harboursuperintendency authorities of the People's Republic of China.


Article 34


In the absence of specific stipulations in this Code as regards theemployment of the crew as well as their labour-related rights and obligations,the provisions of the relevant laws and administrative rules and regulationsshall apply.


Article 35


The Master shall be responsible for the management and navigation of theship.

Orders given by the Master within the scope of his functions and powersmust be carried out by other members of the crew, the passengers and allpersons on board.

The Master shall take necessary measures to protect the ship and allpersons on board, the documents, postal matters, the goods as well as otherproperty carried.


Article 36


To ensure the safety of the ship and all persons on board, the Mastershall be entitled to confine or take other necessary measures against those whohave committed crimes or violated laws or regulations on board, and to guardagainst their concealment, destruction or forging of evidence.

The Master, having taken actions as referred to in the preceding paragraphof this Article, shall make a written report of the case, which shall bear thesignature of the Master himself and those of two or more others on board, andshall be handed over, together with the offender, to the authorities concernedfor disposition.


Article 37


The Master shall make entries in the log book of any occurrence of birthor death on board and shall issue a certificate to that effect in the presenceof two witnesses. The death certificate shall be attached with a list ofpersonal belongings of the deceased, and attestation shall be given by theMaster to the will, if any, of the deceased. Both the death certificate and thewill shall be taken into safe keeping by the Master and handed over to thefamily members of the deceased or the organizations concerned.


Article 38


Where a sea casualty has occurred to a ship and the life and property onboard have thus been threatened, the Master shall, with crew members and otherpersons on board under his command, make best efforts to run to the rescue.

Should the foundering and loss of the ship have become inevitable, theMaster may decide to abandon the ship. However, such abandonment shall bereported to the shipowner for approval except in case of emergency.

Upon abandoning the ship, the Master must take all measures first to evacuatethe passengers safely from the ship in an orderly way, then make arrangementsfor crew members to evacuate, while the Master shall be the last to evacuate.

Before leaving the ship, the Master shall direct the crew members to dotheir utmost to rescue the deck log book, the engine log book, the oil recordbook, the radio log book, the charts, documents and papers used in the currentvoyage, as well as valuables, postal matters and cash money.


Article 39


The duty of the Master in the management and navigation of the ship shallnot be absolved even with the presence of a pilot piloting the ship.


Article 40


Should death occur to the Master or the Master be unable to perform hisduties for whatever reason, the deck officer with the highest rank shall act asthe Master; before the ship sails from its next port of call, the shipownershall appoint a new Master to take command.


CHAPTER IV CONTRACT OF CARRIAGE OF GOODS BY SEA

Article 41


A contract of carriage of goods by sea is a contract under which the carrier,against payment of freight, undertakes to carry by sea the goods contracted forshipment by the shipper from one port to another.


Article 42


For the purposes of this Chapter:

(1) "Carrier" means the person by whom or in whose name acontract of carriage of goods by sea has been concluded with a shipper;

(2) "Actual carrier" means the person to whom the performance ofcarriage of goods, or of part of the carriage, has been entrusted by thecarrier, and includes any other person to whom such performance has beenentrusted under a sub-contract;

(3) "Shipper" means:

a) The person by whom or in whose name or on whose behalf a contract ofcarriage of goods by sea has been concluded with a carrier;

b) The person by whom or in whose name or on whose behalf the goods havebeen delivered to the carrier involved in the contract of carriage of goods bysea;

(4) "Consignee" means the person who is entitled to takedelivery of the goods;

(5) "Goods" includes live animals and containers, pallets orsimilar articles of transport supplied by the shipper for consolidating thegoods.


Article 43


The carrier or the shipper may demand confirmation of the contract ofcarriage of goods by sea in writing. However, voyage charter shall be done inwriting. Telegrams, telexes and telefaxes have the effect of written documents.


Article 44


Any stipulation in a contract of carriage of goods by sea or a bill oflading or other similar documents evidencing such contract that derogates fromthe provisions of this Chapter shall be null and void. However, such nullityand voidness shall not affect the validity of other provisions of the contractor the bill of lading or other similar documents. A clause assigning thebenefit of insurance of the goods in favour of the carrier or any similarclause shall be null and void.


Article 45


The provisions of Article 44 of this Code shall not prejudice the increaseof duties and obligations by the carrier besides those set out in this Chapter.


Section 2 Carrier's Responsibilities

Article 46


The responsibilities of the carrier with regard to the goods carried incontainers covers the entire period during which the carrier is in charge ofthe goods, starting from the time the carrier has taken over the goods at theport of loading, until the goods have been delivered at the port of discharge.The responsibility of the carrier with respect to non-containerized goodscovers the period during which the carrier is in charge of the goods, startingfrom the time of loading of the goods onto the ship until the time the goodsare discharged therefrom. During the period the carrier is in charge of thegoods, the carrier shall be liable for the loss of or damage to the goods,except as otherwise provided for in this Section.

The provisions of the preceding paragraph shall not prevent the carrierfrom entering into any agreement concerning carrier's responsibilities withregard to non-containerized goods prior to loading onto and after dischargingfrom the ship.


Article 47


The carrier shall, before and at the beginning of the voyage, exercise duediligence to make the ship seaworthy, properly man, equip and supply the shipand to make the holds, refrigerating and cool chambers and all other parts ofthe ship in which goods are carried, fit and safe for their reception, carriageand preservation.


Article 48


The carrier shall properly and carefully load, handle, stow, carry, keep,care for and discharge the goods carried.


Article 49


The carrier shall carry the goods to the port of discharge on the agreedor customary or geographically direct route.

Any deviation in saving or attempting to save life or property at sea orany reasonable deviation shall not be deemed to be an act deviating from theprovisions of the preceding paragraph.


Article 50


Delay in delivery occurs when the goods have not been delivered at thedesignated port of discharge within the time expressly agreed upon.

The carrier shall be liable for the loss of or damage to the goods causedby delay in delivery due to the fault of the carrier, except those arising orresulting from causes for which the carrier is not liable as provided for inthe relevant Articles of this Chapter.

The carrier shall be liable for the economic losses caused by delay indelivery of the goods due to the fault of the carrier, even if no loss of ordamage to the goods had actually occurred, unless such economic losses hadoccurred from causes for which the carrier is not liable as provided for in therelevant Articles of this Chapter.

The person entitled to make a claim for the loss of goods may treat thegoods as lost when the carrier has not delivered the goods within 60 days fromthe expiry of the time for delivery specified in paragraph 1 of this Article.


Article 51


The carrier shall not be liable for the loss of or damage to the goodsoccurred during the period of carrier's responsibility arising or resultingfrom any of the following causes:

(1) Fault of the Master, crew members, pilot or servant of the carrier inthe navigation or management of the ship; 

(2) Fire, unless caused by the actual fault of the carrier;

(3) Force majeure and perils, dangers and accidents of the sea or othernavigable waters;

(4) War or armed conflict;

(5) Act of the government or competent authorities, quarantinerestrictions or seizure under legal process;

(6) Strikes, stoppages or restraint of labour;

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

(8) Act of the shipper, owner of the goods or their agents;

(9) Nature or inherent vice of the goods;

(10) Inadequacy of packing or insufficiency of illegibility of marks;

(11) Latent defect of the ship not discoverable by due diligence;

(12) Any other causes arising without the fault of the carrier or hisservant or agent.

The carrier who is entitled to exoneration from the liability forcompensation as provided for in the preceding paragraph shall, with theexception of the causes given in sub-paragraph (2), bear the burden of proof.


Article 52


The carrier shall not be liable for the loss of or damage to the liveanimals arising or resulting from the special risks inherent in the carriagethereof. However, the carrier shall be bound to prove that he has fulfilled thespecial requirements of the shipper with regard to the carriage of the live animalsand that under the circumstances of the sea carriage, the loss or damage hasoccurred due to the special risks inherent therein.


Article 53


In case the carrier intends to ship the goods on deck, he shall come intoan agreement with the shipper or comply with the custom of the trade or therelevant laws or administrative rules and regulations.

When the goods have been shipped on deck in accordance with the provisionsof the preceding paragraph, the carrier shall not be liable for the loss of ordamage to the goods caused by the special risks involved in such carriage.

If the carrier, in breach of the provisions of the first paragraph of thisArticle, has shipped the goods on deck and the goods have consequently sufferedloss or damage, the carrier shall be liable therefore.


Article 54


Where loss or damage or delay in delivery has occurred from causes fromwhich the carrier or his servant or agent is not entitled to exoneration fromliability, together with another cause, the carrier shall be liable only to theextent that the loss, damage or delay in delivery is attributable to the causesfrom which the carrier is not entitled to exoneration from liability; however,the carrier shall bear the burden of proof with respect to the loss, damage ordelay in delivery resulting from the other cause.


Article 55


The amount of indemnity for the loss of the goods shall be calculated onthe basis of the actual value of the goods so lost, while that for the damageto the goods shall be calculated on the basis of the difference between thevalues of the goods before and after the damage, or on the basis of theexpenses for the repair.

The actual value shall be the value of the goods at the time of shipmentplus insurance and freight.

From the actual value referred to in the preceding paragraph, deductionshall be made, at the time of compensation, of the expenses that had beenreduced or avoided as a result of the loss or damage occurred.


Article 56


The carrier's liability for the loss of or damage to the goods shall belimited to an amount equivalent to 666.67 Units of Account per package or othershipping unit, or 2 Units of Account per kilogramme of the gross weight of thegoods lost or damaged, whichever is the higher, except where the nature andvalue of the goods had been declared by the shipper before shipment andinserted in the bill of lading, or where a higher amount than the amount oflimitation of liability set out in this Article had been agreed upon betweenthe carrier and the shipper.

Where a container, pallet or similar article of transport is used to consolidategoods, the number of packages or other shipping units enumerated in the bill oflading as packed in such article of transport shall be deemed to be the numberof packages or shipping units. If not so enumerated, the goods in such articleof transport shall be deemed to be one package or one shipping unit.

Where the article of transport is not owned or furnished by the carrier,such article of transport shall be deemed to be one package or one shippingunit.


Article 57


The liability of the carrier for the economic losses resulting from delayin delivery of the goods shall be limited to an amount equivalent to thefreight payable for the goods so delayed. Where the loss of or damage to thegoods has occurred concurrently with the delay in delivery thereof, thelimitation of liability of the carrier shall be that as provided for inparagraph 1 of Article 56 of this Code.


Article 58


The defence and limitation of liability provided for in this Chapter shallapply to any legal action brought against the carrier with regard to the lossof or damage to or delay in delivery of the goods covered by the contract ofcarriage of goods by sea, whether the claimant is a party to the contract orwhether the action is founded in contract or in tort.

The provisions of the preceding paragraph shall apply if the actionreferred to in the preceding paragraph is brought against the carrier's servantor agent, and the carrier's servant or agent proves that his action was withinthe scope of his employment or agency.


Article 59


The carrier shall not be entitled to the benefit of the limitation ofliability provided for in Article 56 or 57 of this Code if it is proved thatthe loss, damage or delay in delivery of the goods resulted from an act oromission of the carrier done with the intent to cause such loss, damage ordelay or recklessly and with knowledge that such loss, damage or delay wouldprobably result.

The servant or agent of the carrier shall not be entitled to the benefitof limitation of liability provided for in Article 56 or 57 of this Code, if itis proved that the loss, damage or delay in delivery resulted from an act oromission of the servant or agent of the carrier done with the intent to causesuch loss, damage or delay or recklessly and with knowledge that such loss,damage or delay would probably result.


Article 60


Where the performance of the carriage or part thereof has been entrustedto an actual carrier, the carrier shall nevertheless remain responsible for theentire carriage according to the provisions of this Chapter. The carrier shallbe responsible, in relation to the carriage performed by the actual carrier,for the act or omission of the actual carrier and of his servant or agentacting within the scope of his employment or agency.

Notwithstanding the provisions of the preceding paragraph, where acontract of carriage by sea provides explicitly that a specified part of thecarriage covered by the said contract is to be performed by a named actualcarrier other than the carrier, the contract may nevertheless provide that thecarrier shall not be liable for the loss, damage or delay in delivery arisingfrom an occurrence which takes place while the goods are in the charge of theactual carrier during such part of the carriage.


Article 61


The provisions with respect to the responsibility of the carrier containedin this Chapter shall be applicable to the actual carrier. Where an action isbrought against the servant or agent of the actual carrier, the provisionscontained in paragraph 2 of Article 58 and paragraph 2 of Article 59 of thisCode shall apply.


Article 62


Any special agreement under which the carrier assumes obligations notprovided for in this Chapter or waives rights conferred by this Chapter shallbe binding upon the actual carrier when the actual carrier has agreed inwriting to the contents thereof. The provisions of such special agreement shallbe binding upon the carrier whether the actual carrier has agreed to thecontents or not.


Article 63


Where both the carrier and the actual carrier are liable for compensation,they shall jointly be liable within the scope of such liability.


Article 64


If claims for compensation have been separately made against the carrier,the actual carrier and their servants or agents with regard to the loss of ordamage to the goods, the aggregate amount of compensation shall not be inexcess of the limitation provided for in Article 56 of this Code.


Article 65


The provisions of Article 60 through 64 of this Code shall not affect therecourse between the carrier and the actual carrier.


Section 3 Shipper's Responsibilities

Article 66


The shipper shall have the goods properly packed and shall guarantee theaccuracy of the description, mark, number of packages or pieces, weight orquantity of the goods at the time of shipment and shall indemnity the carrieragainst any loss resulting from inadequacy of packing or inaccuracies in theabove-mentioned information. 

The carrier's right to indemnification as provided for in the precedingparagraph shall not affect the obligation of the carrier under the contract ofcarriage of goods towards those other than the shipper.


Article 67


The shipper shall perform all necessary procedures at the port, customs,quarantine, inspection or other competent authorities with respect to theshipment of the goods and shall furnish to the carrier all relevant documentsconcerning the procedures the shipper has gone through. The shipper shall beliable for any damage to the interest of the carrier resulting from theinadequacy or inaccuracy or delay in delivery of such documents.


Article 68


At the time of shipment of dangerous goods, the shipper shall, incompliance with the regulations governing the carriage of such goods, have themproperly packed, distinctly marked and labelled and notify the carrier inwriting of their proper description, nature and the precautions to be taken. Incase the shipper fails to notify the carrier or notified him inaccurately, thecarrier may have such goods landed, destroyed or rendered innocuous when andwhere circumstances so require, without compensation. The shipper shall beliable to the carrier for any loss, damage or expense resulting from suchshippment.

Notwithstanding the carrier's knowledge of the nature of the dangerousgoods and his consent to carry, he may still have such goods landed, destroyedor rendered innocuous, without compensation, when they become an actual dangerto the ship, the crew and other persons on board or to other goods. However,the provisions of this paragraph shall not prejudice the contribution ingeneral average, if any.


Article 69


The shipper shall pay the freight to the carrier as agreed.

The shipper and the carrier may reach an agreement that the freight shallbe paid by the consignee. However, such an agreement shall be noted in thetransport documents.


Article 70


The shipper shall not be liable for the loss sustained by the carrier orthe actual carrier, or for the damage sustained by the ship, unless such lossor damage was caused by the fault of the shipper, his servant or agent.

The servant or agent of the shipper shall not be liable for the losssustained by the carrier or the actual carrier, or for the damage sustained bythe ship, unless the loss or damage was caused by the fault of the servant oragent of the shipper.


Article 71


A bill of lading is a document which serves as an evidence of the contractof carriage of goods by sea and the taking over or loading of the goods by thecarrier, and based on which the carrier undertakes to deliver the goods againstsurrendering the same. A provision in the document stating that the goods areto be delivered to the order of a named person, or to order, or to bearer,constitutes such an undertaking.


Article 72


When the goods have been taken over by the carrier or have been loaded onboard, the carrier shall, on demand of the shipper, issue to the shipper a billof lading.

The bill of lading may be signed by a person authorized by the carrier. Abill of lading signed by the Master of the ship carrying the goods is deemed tohave been signed on behalf of the carrier.

 

Article 73


A bill of lading shall contain the following particulars:

(1) Description of the goods, mark, number of packages or pieces, weightor quantity, and a statement, if applicable, as to the dangerous nature of thegoods;

(2) Name and principal place of business of the carrier;

(3) Name of the ship;

(4) Name of the shipper;


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