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1. The carrier shall be bound before and at the
beginning of the voyage of 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 sale 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 are the same as furnished in writing by the
shipper before the loading of such goods stars, 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 writhing 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 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 S. 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 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.
If the loss or damage is not apparent, the notice
must be given within three days of the delivery of the
goods.
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 deliver.
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 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, if it shows the particulars mentioned if it
shows the particulars mentioned in **3 of Article 3,
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 connexion 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 this Convention,
shall be null and void and of no effect. A benefit of insurance in favour of the
carrier or similar clause shall be deemed to be a clause
relieving the carrier from liability.
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