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The Hague-Visby Rules The Hague Rules as Amended by the Brussels
Protocol 1968 訳者免責 Article I １条 (a) 'Carrier' includes the owner
or the charterer who enters into a contract of carriage with a shipper. (b) 'Contract of 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 moment 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 is stated as being carried 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 II ２条 Article III ３条 (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 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 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). However, proof to the contrary shall not be admissible 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 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. Subject to paragraph 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 after
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 expiration 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 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 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 the goods have been
shipped and the date or dates of shipment, and when so noted, if it shows the
particulars mentioned in paragraph 3 of Article III, 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,
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 in favour of the carrier or similar
clause shall be deemed
to be a clause relieving the carrier from liability. Article IV ４条 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 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 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 lockouts or
stoppage or 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 of weight or
any other loss or damage arising from inherent defect, quality or vice of the
goods. (n) Insufficiency of packing. (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 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 be
responsible for loss or damage sustained by
the carrier or the ship arising or resulting from any cause 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 shall 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
connection with the
goods in an amount exceeding the equivalent of 666.67 units of account per
package or unit or 2 units of account per kilo of gross weight of the goods
lost or damaged, whichever is the higher. ※参考 (b) The total amount
recoverable shall be calculated by reference to the value of such goods at the
place 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 commodity
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 article
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
drawing 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 a date to be
determined by the law of the Court seized of the case. (e) Neither the carrier nor
the ship shall be entitled to the benefit of the limitation of liability
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 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 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 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
innocuous 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 rendered innocuous by the
carrier without liability on the part of the carrier except to general average,
if any. Article IV bis 2 . If such an action is brought
against a servant or agent of the carrier (such servant or agent not being an
independent contractor), such servant or agent shall be entitled to avail himself of the defences and limits of liability
which the carrier is entitled to invoke under these Rules. 3 . The aggregate of the amounts
recoverable from the carrier, and such servants and agents, shall in no case exceed the limit provided for in
these Rules. 4 . Nevertheless, a servant or agent
of the carrier shall not be entitled to avail himself of the provisions of this article, if it is proved
that the damage resulted from an act or omission of the servant or agent done
with intent to cause damage or recklessly and with knowledge that damage would
probably result. Article V ５条 Article VI ６条 An agreement so entered into
shall have full legal effect. Provided that this article
shall not apply to ordinary commercial shipments made in the ordinary course of
trade, but only to other shipments where the character or condition of the
property to be carried or the circumstances, terms and conditions under which
the carriage is to be performed are such as reasonably to justify a special
agreement. Article VII ７条 Article VIII ８条 Article IX ９条 Article X １０条 (a) the bill of lading is issued
in a contracting State, or (b) the carriage is from a port in
a contracting State, or (c) the contract contained in or
evidenced by the bill of lading provides that these Rules or legislation of any
State giving effect to them are to govern the contract; whatever may be the
nationality of the ship, the carrier, the shipper, the consignee, or any other
interested person. (The last two paragraphs of
this Article are not reproduced. They require contracting States to apply the
Rules to bills of lading mentioned in the Article and authorise them to apply
the Rules to other bills of lading). (Article 11 to 16 of the
International Convention for the unification of certain rules of law relating
to bills of lading signed at Brussels on August 25, 1974 are not reproduced.
They deal
with the coming into force of the Convention, procedure for
ratification, accession and denunciation and the right to call for a fresh conference to consider amendments
to the Rules contained in the Convention). |
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