|
|
|
| Article 1-4 5-6 9-13 14-17 18-21 21-22 23-26 27-32 33-34
|
Hamburg
Rules
United
Nations Convention on the Carriage of Goods
by Sea, 1978
(Hamburg,
31 March, 1978)
Preamble
THE
STATES PARTIES TO THIS CONVENTION,
HAVING RECOGNIZED the desirability of determining by agreement
certain rules relating to the carriage of goods by sea,
HAVE DECIDED to conclude a Convention for this purpose and have
thereto agreed as follows:
PART
I GENERAL PROVISIONS
|
Article 1: Definitions |
|
In this Convention:
1."Carrier"
means any person by whom or in whose name a contract of carriage
of goods by sea has been concluded with a shipper.
2."Actual carrier” means any person to whom the performance
of the carriage of the goods, or of port of the carriage, has
been entrusted by the carrier, and includes any other person
to whom such performance has been entrusted.
3."Shipper” means any person by whom or in whose name of
on whose behalf a contract of carriage of goods by sea has been
concluded with a carrier, or any person by whom or in whose
name or on whose behalf the goods are actually delivered to
the carrier in relation to the contract of carriage by sea.
4."Consignee” means the person entitled to take delivery
of the goods.
5. "Goods"
includes live animals; where the goods are consolidated in a
container, pallet or similar article of transport or packaging
if supplied by the shipper.
6. Contract
of carriage by sea” means any contract whereby the carrier undertakes
against payment of freight to carry goods by sea from one port
to another; however, a contract which involves carriage by sea
and also carriage by some other means is deemed to be a contract
of carriage by sea for the purposes of this Convention only
in so far as it relates to the carriage by sea.
7."Bill
of lading” means a document which evidences a contract of carriage
b y sea and the taking over or loading of the goods by the carrier,
and by which the carrier undertakes to de liver the gods against
surrender of the document. A provision in the document that the goods
are to be delivered to the order of a named person, or to order,
or to bearer, constitutes such an undertaking.
8."Writing"
includes, interalia, telegram and telex.
(I) This
Convention was adopted by the United Nations Conference on the
Carriage of Goods by Sea convened in Hamburg, at the invitation
of the Government of the Federal Republic of Germany, from 6
to 31 March, 1978.
|
| Article
2 : Scope of application |
1. The
provisions of this Convention are applicable to all contracts
of carriage by sea between two different States, if:
(a) the port of loading as
provided for in the contract of carriage by sea is located in
a Contracting State, or
(b) the port of loading as
provided for in the contract of carriage by sea is located in
a Contracting State, or
(c) one of the optional
ports of discharge and such port is located in a Contracting
State, or
(d) the bill of lading
or other document evidencing the contract of carriage by sea
is issued in a Contracting State, or
(e) the bill of lading
or other document evidencing the contract of carriage by sea
provides that the provisions of this Convention or the legislation
of any State giving effect to them are to govern the contract.
2. The
Provisions of this Convention are applicable without regard
to the nationality of the ship, the carrier, the actual carrier,
the shipper, the consignee or any other interested person.
3. The
provisions of this Convention are not applicable to charter-par-ties. However, where a bill of lading is issued
pursuant to a charter-party, the provisions of the Convention
apply to such a bill of lading if it governs the relation between
the carrier and the holder of the bill of lading, not being
the charterer.
4. If
a contract provides for future carriage of goods in a series
of shipments during an agreed period, the provisions of this
Convention apply to each shipment.
However, where, where a shipment is made under a charter-party,
the provisions of paragraph 3 of this article apply.
|
| Article
3 : Interpretation of the Convention |
|
In the interpretation and application of the
provisions of this Convention regard shall be had to its international
character and to the need to promote uniformity.
|
| PART II LIABILITY OF THE CARRIER |
|
|
Article
4 : Period of responsibility
|
1. The responsibility of the carrier
for the goods under this Convention covers the period during
which the period during which the carrier is in charge of the
goods at the port of loading, during the carriage and at the
port of discharge.
2.For
the purpose of paragraph 1 of this article, the carrier is deemed
to be in charge of the goods:
(a) from the time he has taken over the goods from:
(i)
the shipper, or a person acting on his behalf;
or
(ii)
an authority or other third party to whom, pursuant to law or
regulations applicable at the port of loading, the goods must
be handed over for shipment;
(b) until the time he
has delivered the goods:
(i)
by handing over the goods to the consignee;
or
(ii)
in cases where the consignee does not receive the goods from
the carrier, by placing them at the disposal of the consignee
in accordance with the contract or with the law or with the
usage of the particular trade, applicable at the port of discharge;
or
(iii)
by handing over the goods to an authority or other third party
to whom, pursuant to law or regulations applicable at the port
of discharge, the goods must be handed over.
3. In
paragraphs 1 and 2 of this article, reference to the carrier
or to the consignee means, in addition to the carrier or the
consignee, the servants or agents, respectively of the carrier
or the consignee. |
|
|
|
|
