609848-1928-Supplementary-Draft-Bill--Carriage-of-Goods-by-Sea — Page 4

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ment 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. 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 connection with goods arising from negligence, fault of failure in the duties and obligations provided in this Article or lessening such liability other- wise than as provided in these Rules, shall be null and void and of no effect.

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. 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 III.

Whenever loss or damage has resulted from unsea- worthiness, the burden of proving the exercise of due diligence shall be on the carrier or other person claiming exemption under this section.

2. Neither the carrier nor the ship shall 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 naviga- tion 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 of 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 lock-outs or stoppage or restraint of labour from whatever cause, whether partial or general;

(k) Riots and civil commotions;

(1) 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;

(0) Insufficiency or inadequacy of marks;

(p) Latent defects not discoverable by due diligence;