The Carriage of Goods by Sea Act

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CHAPTER 164
THE CARRIAGE OF GOODS BY SEA ACT
[PRINCIPAL LEGISLATION]
Arrangement of Sections
Section Titlee
1. Short title.
2. Application of Rules in Schedule.
3. Warranty not implied in contracts to which Rules apply.
4. Statement to be included in bills of lading.
5. Modification of Article VI in relation to coasting trade.
6. Modification of Rules in relation to bulk cargo.
7. Limitation of liability under other laws not to be affected.
SCHEDULE

lation to coasting trade.
6. Modification of Rules in relation to bulk cargo.
7. Limitation of liability under other laws not to be affected.
SCHEDULE

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1. This Act may be cited as the Carriage of Goods by Sea Act. 2. Subject to the provisions of this Act, the Rules set out in
the Schedule hereto shall have effect in relation to and in
connection with, the carriage of goods by sea in ships carrying
goods from any port in the United Republic to any other port
whether in or outside the United Republic. 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. 4. A bill of lading or any similar document of title, issued in
the United Republic which contains or which is evidence of
any contract to which the Rules in the Schedule to this Act
apply, shall contain an express statement that it is to have effect
subject to the provisions of the Rules as applied by this Act. 5.

dule to this Act
apply, shall contain an express statement that it is to have effect
subject to the provisions of the Rules as applied by this Act. 5.

Article VI of the Rules shall, in relation to the carriage
of goods by sea in ships carrying goods from any port in the
United Republic, have effect as if the article referred to goods of
any class, instead of referring to particular goods and as if 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 so ascertained or accepted is
stated in the bill of lading, then, notwithstanding anything in
Short title
Application of
Rules in Schedule
Warranty not
implied in
contracts to
which Rules apply
Statement to be
included in bills
of lading
Modification
of Article VI
in relation to
coasting trade
Modification of
Rules in relation
to bulk cargo
CHAPTER 164
THE CARRIAGE OF GOODS BY SEA ACT
An Act to re-enact the law with respect to the carriage of goods by sea. [1st April, 1927]
Ord. No. 6 of 1927

TER 164
THE CARRIAGE OF GOODS BY SEA ACT
An Act to re-enact the law with respect to the carriage of goods by sea. [1st April, 1927]
Ord. No. 6 of 1927

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THE CARRIAGE OF GOODS BY SEA ACT [CAP. 164 R.E. 2023]
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 of the
weight at the time of shipment, shall not be deemed to have
been guaranteed by the shipper. 7. This Act shall not affect the operation of the Merchant
Shipping Act or the operation of any other enactment for
the time being in force, limiting the liability of the owners of
seagoing vessels.

e Merchant
Shipping Act or the operation of any other enactment for
the time being in force, limiting the liability of the owners of
seagoing vessels.

SCHEDULE
(Made under sections 2 and 4)
RULES RELATING TO BILLS OF LADING
ARTICLE I
Definitions
In these Rules-
“carriage of goods” covers the period from the time when the goods are
loaded on to, up to the time when they are discharged from, the ship;
“carrier” includes owner or the charterer who enters into contract of
carriage with a shipper;
“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 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;
“goods” includes goods, wares, merchandise and articles of any kind,
except live animals and cargo which by the contract of carriage is
stated as being carried on deck and is so carried; and
“ship” means any vessel used for the carriage of goods by sea.

h by the contract of carriage is
stated as being carried on deck and is so carried; and
“ship” means any vessel used for the carriage of goods by sea.

ARTICLE II
Risks
Subject to the provisions of Article VI, 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, set out in articles III and IV. Limitation of
liability under
other laws not to
be affected
Cap. 165

lities and entitled to the rights
and immunities, set out in articles III and IV. Limitation of
liability under
other laws not to
be affected
Cap. 165

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700
ARTICLE III
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; and
(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 IV, the carrier shall properly and
carefully load, handle, stow, carry, keep, care for and discharge, the
goods carried. 3.

the provisions of Article IV, 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, the master or
the 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 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; and
(c) the apparent order and condition of the goods:
Provided that, no carrier, master or agent to 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 as not
accurately representing the goods actually received or which he had no
reasonable means of checking. 4.

he has reasonable ground for suspecting as not
accurately representing the goods actually received or which he had no
reasonable means of checking. 4.

A bill of lading shall be prima facie evidence of the receipt by the
carrier of the goods as described in it in accordance with paragraph 3. 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, damage and expenses arising or resulting from
inaccuracies in such particulars and 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.–(1) Unless notice of loss or damage and the general nature of such
loss or damage is 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 under the contract of carriage,
or, if the loss or damage is not apparent, within three days, such removal

custody of the person entitled to delivery under the contract of carriage,
or, if the loss or damage is not apparent, within three days, such removal

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THE CARRIAGE OF GOODS BY SEA ACT [CAP. 164 R.E. 2023]
shall be prima facie evidence of the delivery by the carrier of the goods
as described in the bill of lading. (2) 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. (3) 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. (4) 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.

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 the title may be noted at the port of the 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. A 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. 9.

ligations provided in this Article or, lessening such liability otherwise
than as provided in these Rules, shall be null and void and of no effect. 9.

A benefit of insurance or similar clause shall be deemed to be a clause
relieving the carrier from liability. ARTICLE IV
Rights and Immunities
1. A carrier or ship shall not 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 III:
Provided that, where loss or damage has resulted from
unseaworthiness, the burden of proving the exercise of due diligence
shall be on the carrier or on any other person claiming exemption
under this paragraph.

orthiness, the burden of proving the exercise of due diligence
shall be on the carrier or on any other person claiming exemption
under this paragraph.

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702
2.

reserved. No part of this book may be reproduced or distributed without permission of OAG.THE CARRIAGE OF GOODS BY SEA ACT [CAP. 164 R.E. 2023]
702
2.

A carrier or ship shall not 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 by 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 lock-outs 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;
(q) any other cause arising without the actual fault or privity of the
carrier, or without the fault or neglect of the agents or servant
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, the fault nor neglect of
the agents or servants of the carrier, contributed to the loss or
damage.

neither the
actual fault or privity of the carrier, the fault nor 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. A 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 resulting loss or damage. 5.–(1) A carrier or ship shall not in any event be or become liable for
any loss or damage to or in connection with goods in any amount
exceeding £ 100 (pound) 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.

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.

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THE CARRIAGE OF GOODS BY SEA ACT [CAP. 164 R.E. 2023]
(2) Notwithstanding subparagraph (1) of this paragraph, the carrier,
master or agent of the carrier may by agreement with the shipper fix a
maximum amount higher than £ 100 (pound) per package or unit. (3) A declaration referred to under subparagraph (1) of this
paragraph, in the bill of lading, shall be prima facie evidence, but shall
not be binding or conclusive on the carrier. (4) A carrier or ship shall not be responsible in any event for loss
or damage to or in connection with goods if the nature or value of the
goods has been knowingly misstated by the shipper in the bill of lading.

r loss
or damage to or in connection with goods if the nature or value of the
goods has been knowingly misstated by the shipper in the bill of lading.

6.–(1) Goods of an inflammable, explosive or dangerous nature, of
whose shipment has not been consented to by the carrier, master or
agent of the carrier 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 or resulting from such shipment. (2) Notwithstanding subparagraph (1), where any goods shipped
with consent and knowledge of their nature and character, 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 V
Surrender of Rights and Immunities, and Increase
of Responsibilities and Liabilities
1. A carrier shall be at liberty to surrender in whole or in-part all or
any of his rights contained in any of these Articles, provided such
surrender or increase shall be inserted in the bill of lading issued to
the shipper. 2.

f his rights contained in any of these Articles, provided such
surrender or increase shall be inserted in the bill of lading issued to
the shipper. 2.

The provisions of these Rules shall not be applicable to charter-
parties, but if bills of lading are issued in the case of a ship under a
charter-party, the bills of lading shall comply with the terms of these
Rules. 3. These Rules shall not be held to prevent the insertion in a bill of
lading of any lawful provision regarding general average. ARTICLE VI
Special Conditions
1. Notwithstanding the provisions of the preceding Articles, a carrier,
master or agent of the carrier, and a shipper may in regard to any
particular goods, enter into any agreement on any terms as to the
responsibility and liability 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 such terms are not contrary to public policy, or do not

of the
carrier in respect of such goods, or his obligation as to seaworthiness,
so far as this such terms are not contrary to public policy, or do not

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704
derogate from the care or diligence of his servants or agents in regard
to the loading, landing stowage, carriage, custody, care and discharge of
the goods carried by sea:
Provided that in such case, no bill of lading has been or shall be
issued, and that the terms agreed, shall be inserted in a receipt which
shall be a non-negotiable document and shall be marked as such. 2. A agreement entered into in accordance with paragraph 1, 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 to reasonably justify a special agreement.

carried
or the circumstances, terms and conditions under which the carriage is
to be performed, are such as to reasonably justify a special agreement.

ARTICLE VII
Limitations on the Application of the Rules
Contained in these Rules 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 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 VIII
Limitation of Liability
The provisions of these Rules shall not affect the rights and obligations
of the carrier under any law for the time being in force relating to the
limitation of the liability of owners of sea-going vessels. ARTICLE IX
The monetary units mentioned in these Rules are to be taken to be gold
value.