INTERNATIONAL CONVENTION
FOR
THE UNIFICATION OF CERTAIN RULES OF LAW RELATING TO BILLS OF LADING
("HAGUE RULES"), AND PROTOCOL OF SIGNATURE
(Brussels, 25
August 1924)
The President of the German
Republic, the President of the Argentine Republic, His Majesty the King of the
Belgians, the President of the Republic of Chile, the President of the Republic
of Cuba, His Majesty the King of Denmark and Iceland, His Majesty the King of
Spain, the Head of the Estonian State, the President of the United States of
America, the President of the Republic of Finland, the President of the French
Republic, His Majesty the King of the United Kingdom of Great Britain and
Ireland and of the British Dominions beyond the Seas, Emperor of India, His
Most Supreme Highness the Governor of the Kingdom of Hungary, His Majesty the
King of Italy, His Majesty the Emperor of Japan, the President of the Latvian
Republic, the President of the Republic of Mexico, His Majesty the King of
Norway, Her Majesty the Queen of the Netherlands, the President of the Republic
of Peru, the President of the Polish Republic, the President of the Portuguese
Republic, His Majesty the King of Romania, His Majesty the King of the Serbs,
Croats and Slovenes, His Majesty the King of Sweden, and the President of the
Republic of Uruguay,
HAVING RECOGNIZED the
utility of fixing by agreement certain uniform rules of law relating to bills
of lading,
HAVE DECIDED to
conclude a convention with this object and have appointed the following
Plenipotentiaries:
WHO, duly authorized
thereto, have agreed as follows:
Article 1
In this Convention the
following words are employed with the meanings set out below:
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
(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, merchandise and articles of every kind whatsoever except
live animals and cargo which by the contract of carriage in 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 they are discharged from the ship.
Article 2
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.
Article 3
1. The carrier shall be bound
before and at the beginning of the voyage to exercise due diligence to:
(a) Make the ship seaworthy.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
(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 furnished by him, and the shipper
shall indemnity 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.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
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 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, if it shows the particulars mentioned in paragraph 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.
Article 4
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 Article.
2. Neither the carrier nor
the ship shall be responsible for loss or damage arising or resulting from:
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
(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 or
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.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
(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.
(q) Any other cause arising
without the actual fault or privity of the carrier, or without the actual 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 this Convention 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
connexion with goods in an amount exceeding 100 pounds 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.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
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 connexion
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 damage 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 5
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 obligations under this Convention,
provided such surrender or increase shall be embodied in the bill of lading
issued to the shipper.
The provisions of this
Convention 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 this Convention. 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
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.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Article 7
Nothing herein contained
shall prevent a carrier or a shipper from entering into any agreement,
stipulation, condition, reservation or exemption as to the responsibility and
liability of the carrier or the ship for the loss or damage to, or in connexion
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
The provisions of this
Convention 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 9
The monetary units mentioned
in this Convention are to be taken to be gold value.
Those contracting States in
which the pound sterling is not a monetary unit reserve to themselves the right
of translating the sums indicated in this Convention in terms of pound sterling
into terms of their own monetary system in round figures.
The national laws may reserve
to the debtor the right of discharging his debt in national currency according
to the rate of exchange prevailing on the day of the arrival of the ship at the
port of discharge of the goods concerned.
Article 10
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Article 11
After an interval of not more
than two years from the day on which the Convention is signed, the Belgian
Government shall place itself in communication with the Governments of the High
Contracting Parties which have declared themselves prepared to ratify the
Convention, with a view to deciding whether it shall be put into force. The
ratifications shall be deposited at Brussels at a date to be fixed by agreement
among the said Governments. The first deposit of ratifications shall be
recorded in a procès-verbal signed by the representatives of the Powers
which take part therein and by the Belgian Minister of Foreign Affairs.
The subsequent deposit of
ratifications shall be made by means of a written notification, addressed to
the Belgian Government and accompanied by the instrument of ratification.
A duly certified copy of the procès-verbal
relating to the first deposit of ratifications, of the notifications referred
to in the previous paragraph, and also of the instruments of ratification
accompanying them, shall be immediately sent by the Belgian Government through
the diplomatic channel to the Powers who have signed this Convention or who
have acceded to it. In the cases contemplated in the preceding paragraph, the
said Government shall inform them at the same time of the date on which it
received the notification.
Article 12
Non-signatory States may
accede to the present Convention whether or not they have been represented at
the International Conference at Brussels.
A State which desires to
accede shall notify its intention in writing to the Belgian Government,
forwarding to it the document of accession, which shall be deposited in the
archives of the said Government.
The Belgian Government shall
immediately forward to all the States which have signed or acceded to the
Convention a duly certified copy of the notification and of the act of
accession, mentioning the date on which it received the notification.
Article 13
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Article 14
The present Convention shall
take effect, in the case of the States which have taken part in the first
deposit of ratifications, one year after the date of the protocol recording
such deposit.
As respects the States which
ratify subsequently or which accede, and also in cases in which the Convention
is subsequently put into effect in accordance with Article 13, it shall take
effect six months after the notifications specified in paragraph 2 of Article
11 and paragraph 2 of Article 12 have been received by the Belgian Government.
Article 15
In the event of one of the
contracting States wishing to denounce the present Convention, the denunciation
shall be notified in writing to the Belgian Government, which shall immediately
communicate a duly certified copy of the notification to all the other States,
informing them of the date on which it was received.
The denunciation shall only
operate in respect of the State which made the notification, and on the expiry
of one year after the notification has reached the Belgian Government.
Article 16
Any one of the contracting
States shall have the right to call for a fresh conference with a view to
considering possible amendments.
A State which would exercise
this right should notify its intention to the other States through the Belgian
Government, which would make arrangements for convening the Conference.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
PROTOCOL OF SIGNATURE
At the time
of signing the International Convention for the Unification of Certain Rules of
Law relating to Bills of Lading the Plenipotentiaries whose signatures appear
below have adopted this Protocol, which will have the same force and the same
value as if its provisions were inserted in the text of the Convention to which
it relates.
The High Contracting Parties
may give effect to this Convention either by giving it the force of law or by
including in their national legislation in a form appropriate to that
legislation the rules adopted under this Convention.
They may reserve the right:
1. To prescribe that in the
cases referred to in paragraph 2(c) to (p) of Article 4 the holder of a bill of
lading shall be entitled to establish responsibility for loss or damage arising
from the personal fault of the carrier or the fault of his servants which are
not covered by paragraph (a).
2. To apply Article 6 in so
far as the national coasting trade is concerned to all classes of goods without
taking account of the restriction set out in the last paragraph of that
Article.
DONE at Brussels, in
single copy, August 25th, 1924.