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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 :
(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. 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 or 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 indemnify 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.
6. Unless
notice of loss or damage and the general nature of such loss or damage
be 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 thereof under the contract of carriage,
or, if the loss or damage be not apparent, within three days, such removal
shall be prima facie evidence of the delivery by the carrier of the goods
as described in the bill of lading.
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.
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.
A
benefit of insurance or similar clause shall be deemed to be a clause
relieving the carrier from liability.
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