海牙规则英文版.docx

1、海牙规则英文版海牙规则(英文版)双击自动滚屏发布者：admin 来源：互联网 阅读： 594次INTERNATIONAL CONVENTION FOR THE UNIFICATION OF CERTAIN RULES OF LAW RELATING TO BILLS OF LADING(“HAGUE RULES”)(Brussels, 25 August 1924)The President of the German Republic, the President of the Argentine Republic, His Majesty the King of the Belgians,

2、 the President of the Republic of Chile, the President of the Republic of Cuba, His Majesty the King of Denmark and Iceland, His Majesty the King of Spain, the Head of the Estonian State, the President of the United States of America, the President of the Republic of Finland, the President of the Fr

3、ench Republic, His Majesty the King of the United Kingdom of Great Britain and Ireland and of the British Dominions beyond the Seas, Emperor of India, His Most Supreme Highness the Governor of the Kingdom of Hungary, His Majesty the King of Italy, His Majesty the Emperor of Japan, the President of t

4、he Latvian Republic, the President of the Republic of Mexico, His Majesty the King of Norway, Her Majesty the Queen of the Netherlands, the President of the Republic of Peru, the President of the Polish Republic, the President of the Portuguese Republic, His Majesty the King of Romania, His Majesty

5、the King of the Serbs, Croats and Slovenes, His Majesty the King of Sweden, and the President of the Republic of Uruguay,HAVING RECOGNIZED the utility of fixing by agreement certain uniform rules of law relating to bills of lading,HAVE DECIDED to conclude a convention with this object and have appoi

6、nted the following Plenipotentiaries:WHO, duly authorized thereto, have agreed as follows:Article 1In this Convention the following words are employed with the meanings set out below:(a) Carrier includes the owner or the charterer who enters into a contract of carriage with a shipper.(b) Contract of

7、 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 as aforesaid issued under or pursuant to a charter party from the mom

8、ent at 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 in stated as being carri

9、ed on deck and is so carried.(d) Ship means any vessel used for the carriage of goods by sea.(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 2Subject to the provisions of Article 6, under every contract of carri

10、age 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 hereinafter set forth.Article 31. The carrier shall be bound before

11、 and at the beginning of the voyage to exercise due diligence t(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 prese

12、rvation.2. Subject to the provisions of Article 4, 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

13、 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 uncove

14、red, 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 or

15、der 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 the goods actually received, or which he has

16、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 shipm

17、ent of the marks, number, quantity and weight, as furnished by him, and the shipper shall indemnity 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 l

18、iability 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

19、 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.If the loss or damage is not apparent, the

20、notice must be given within three days of the delivery of the goods.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.In any event the carrierand the ship shall be discharged from all liability in respe

21、ct 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.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 tal

22、lying 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

23、, 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 the goods have been shipped and the d

24、ate or dates of shipment, and when so noted, if it shows the particulars mentioned in paragraph 3 of Article 3, 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 fro

25、m liability for loss or damage to, or in connexion 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 this Convention, shall be null and void and of no effect. A benefit of insurance

26、in favour of the carrier or similar clause shall be deemed to be a clause relieving the carrier from liability.Article 41. 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 t

27、o 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 provisi

28、ons of paragraph 1 of Article 3. 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 ari

29、sing 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 w

30、aters.(d) Act of God.(e) Act of war.(f) Act of public enemies.(g) Arrest or restraint or 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 lockouts or stoppage or

31、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 packin

32、g.(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 actual 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 exception 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 b