维斯比规则中英对照版(37页).doc

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1、-维斯比规则中英对照版-第 36 页维斯比规则英文版Hague-Visby RulesArticle IDefinitionsIn these Rules the following expressions have the meanings hereby assigned to them respectively, that is to say,(a) carrier includes the owner or the charterer who enters into a contract of carriage with a shipper;(b) contract of carriag

2、e 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 water, including any bill of lading or any similar document as aforesaid issued under or pursuant to a charter-party from the moment at

3、 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 is stated as being carried on

4、 deck and is so carried;(d) ship means any vessel used for the carriage of goods by water;(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 IIRisksSubject to the provisions of Article VI, under every contract of c

5、arriage of goods by water 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 IIIResponsibilities and Liabilit

6、ies1. 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 sa

7、fe 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 ca

8、rrier, 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 othe

9、rwise 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

10、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

11、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 paragraphs 3(a), (b) and (c).However, proof to the contrary shall not be admissibl

12、e when the bill of lading has been transferred to a third party acting in good faith.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 again

13、st 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 t

14、he 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, w

15、ithin 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.Subject to par

16、agraph 6bis the carrier and the ship shall in any event be discharged from all liability whatsoever in respect of the goods, unless suit is brought within one year of their delivery or of the date when they should have been delivered. This period may, however, be extended if the parties so agree aft

17、er the cause of action has arisen.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.6.bis An action for indemnity against a third person may be brought even after the expiratio

18、n of the year provided for in the preceding paragraph if brought within the time allowed by the law of the Court seized of the case. However, the time allowed shall be not less than three months, commencing from the day when the person bringing such action for indemnity has settled the claim or has

19、been served with process in the action against himself.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

20、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

21、 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 o

22、r 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.A benefit of insurance or similar clause shall be de

23、emed to be a clause relieving the carrier from liability.Article IVRights and Immunities1. 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 t

24、o 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

25、III.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(a) ac

26、t, 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 o

27、f 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 what

28、ever 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 inadeq

29、uacy of marks;(p) latent defects not discoverable by due diligence;(q) any other cause arising without the actual fault and privity of the carrier, or without the 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 ex

30、ception 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 ca

31、use 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 these Rules or of the contract of carriage, and the carrier sha

32、ll not be liable for any loss or damage resulting therefrom.5. (a) Unless the nature and value of such goods have been declared by the shipper before shipment and inserted in the bill of lading, neither the carrier nor the ship shall in any event be or become liable for any loss or damage to or in c

33、onnection with the goods in an amount exceeding 666.67 units of account per package or unit or 2 units of account per kilogramme of gross weight of the goods lost or damaged, whichever is the higher.(b) The total amount recoverable shall be calculated by reference to the value of such goods at the p

34、lace and time at which the goods are discharged from the ship in accordance with the contract or should have been so discharged.The value of the goods shall be fixed according to the commodity exchange price, or, if there be no such price, according to the current market price, or, if there be no co

35、mmodity exchange price or current market price, by reference to the normal value of goods of the same kind and quality.(c) Where a container, pallet or similar article of transport is used to consolidate goods, the number of packages or units enumerated in the bill of lading as packed in such articl

36、e of transport shall be deemed the number of packages or units for the purpose of this paragraph as far as these packages or units are concerned. Except as aforesaid such article of transport shall be considered the package or unit.(d) The unit of account mentioned in this Article is the Special Dra

37、wing Right as defined by the International Monetary Fund. The amounts mentioned in sub-paragraph (a) of this paragraph shall be converted into national currency on the basis of the value of that currency on the date to be determined by the law of the Court seized of the case. The value of the nation

38、al currency, in terms of the Special Drawing Right, of a State which is a member of the International Monetary Fund, shall be calculated in accordance with the method of valuation applied by the International Monetary Fund in effect at the date in question for its operations and transactions. The va

39、lue of the national currency, in terms of the Special Drawing Right, of a State which is not a member of the International Monetary Fund, shall be calculated in a manner determined by that State.Nevertheless, a State which is not a member of the International Monetary Fund and whose law does not per

40、mit the application of the provisions of the preceding sentences may, at the time of ratification of the Protocol of 1979 or accession thereto or at any time thereafter, declare that the limits of liability provided for in this Convention to be applied in its territory shall be fixed as follows:(i)

41、in respect of the amount of 666.67 units of account mentioned in sub-paragraph (a) of paragraph 5 of this Article, 10,000 monetary units;(ii) in respect of the amount of 2 units of account mentioned in sub-paragraph (a) of paragraph 5 of this Article, 30 monetary units.The monetary unit referred to

42、in the preceding sentence corresponds to 65.5 milligrammes of gold of millesimal fineness 900. The conversion of the amounts specified in that sentence into the national currency shall be made according to the law of the State concerned. The calculation and the conversion mentioned in the preceding

43、sentences shall be made in such a manner as to express in the national currency of that State as far as possible the same real value for the amounts in sub-paragraph (a) of paragraph 5 of this Article as is expressed there in units of account.States shall communicate to the depositary the manner of

44、calculation or the result of the conversion as the case may be, when depositing an instrument of ratification of the Protocol of 1979 or of accession thereto and whenever there is a change in either.(e) Neither the carrier nor the ship shall be entitled to the benefit of the limitation of liability

45、provided for in this paragraph if it is proved that the damage resulted from an act or omission of the carrier done with intent to cause damage, or recklessly and with knowledge that damage would probably result.(f) The declaration mentioned in sub-paragraph (a) of this paragraph, if embodied in the

46、 bill of lading, shall be prima facie evidence, but shall not be binding or conclusive on the carrier.(g) By agreement between the carrier, master or agent of the carrier and the shipper other maximum amounts than those mentioned in sub-paragraph (a) of this paragraph may be fixed, provided that no

47、maximum amount so fixed shall be less than the appropriate maximum mentioned in that sub-paragraph.(h) Neither the carrier nor the ship shall be responsible in any event for loss or damage to, or in connection with, goods if the nature or value thereof has been knowingly mis-stated by the shipper in

48、 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 innocuou

49、s by the carrier without compensation, and the shipper of such goods shall be liable for all damages 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