Notwithstanding any stipulation to the contrary, the carrier is bound before and at the start of the journey to voyage, to take all reasonable care to:
a) Make and keep the vessel seaworthy for the voyage to be performed and the goods to be carried and the goods it is to carry;
b) Properly fit out, equip and supply the vessel;
c) To put in good condition all parts of the ship where the goods are to be loaded.
The carrier is obliged to carry out loading, on-board handling, stowage and storage of the goods in a proper and careful manner.
The carrier is authorized to carry goods on deck only if such carriage is carried out in accordance with an agreement with the shipper or with the practices of the trade in question, or if it is required by the regulations in force.
If the carrier and the shipper have agreed that the goods will or may be carried on deck, the carrier will mention this on the bill of lading or on any other document evidencing the contract of carriage by sea.
In the absence of such mention, the carrier will have the burden of establishing that an agreement for carriage on deck has been reached, but shall not be entitled to enforce such agreement against a third party, including a consignee, who is the bona fide holder of the bill of lading.
The maritime carrier has a preferential right to his freight on the goods in his load cargo, during the fortnight following their delivery if they have not passed into the hands of third parties.
Prescription Time
Any action relating to the carriage of goods by sea under the Code shall be time-barred if judicial or arbitration proceedings have not been instituted within two years.
The limitation period runs from the day when the carrier has delivered the goods or part of the goods or, where the goods have not been delivered, from the last day on which they should have been delivered.
The day indicated as the start of the limitation period is not included in the period.
Add comment