United Nations Convention On The Carriage Of Goods By Sea In 1978

Promulgation date: 1978-03-31

Execution date: 1978-03-31

The Convention, referred to as "Hamburg Rules", was adopted at the United Nations Conference on the carriage of goods by sea between March 6, 1978 and March 31st in Hamburg, and came into effect in November 1, 1992.

The countries participating in this Convention include: Babado J, Botswana, Burkina Faso, Chile, Egypt, Guinea, Hungary, Kenya, Lebanon, Lesotho, Malawi, Morocco, Nigeria, Romania, Senegal, Sierra Leone, Tunisia, Uganda, Tanzania, Tanzania and so on.

Preface

The States parties to this Convention,

Recognizing that it is desirable to establish certain rules relating to carriage of goods by sea through agreements.

Decides to conclude a convention for this purpose and has agreed as follows:

Part I General Provisions

The first definition

In this Convention:

1. "carrier" means any person who enters into the contract of carriage of goods by sea with the shipper in his own name or in his name.

2. "actual carrier" means any person who is entrusted by the carrier to engage in the carriage of goods or part of the cargo, including any other person entrusted to engage in such work.

3. "shipper" means any person who, by himself or in his name or on behalf of the carrier, enters into the contract of carriage of goods by sea, or actually delivers the goods to the carrier concerned in connection with the contract of carriage of goods by sea in his own name or in his name or on behalf of him.

4. "consignee" means the person entitled to extract the goods.

5. "goods", including movable objects, if the goods are packed in containers, cargo ships or similar means of pport, or the goods are packed, and such means of pport or packages are provided by the shipper, "goods" shall include such means of pport or packaging.

6. "contract of carriage of goods by sea" means a contract whereby a carrier charges freight to pport goods from one port to another. However, for contracts involving both maritime pportation and certain other modes of pportation, only when it involves maritime pportation, shall it be deemed to be a contract of carriage by sea referred to in this Convention.

7. "bill of lading" means a document to prove that a contract of carriage of goods and a cargo is to be received or shipped by the carrier, and that the carrier guarantees the delivery of the goods.

Such a guarantee should be made in the documents relating to the delivery of goods according to the instructions of the registered persons, or by the delivery of instructions or the delivery to the holder of the bill of lading.

8. "written", in addition to other means, including telegrams and telex.

The second scope of application

1. the provisions of this Convention apply to all maritime pport contracts between two different countries, if:

(a) the port of loading stipulated in the contract of carriage of sea is located in a Contracting State; or

(b) the port of discharge stipulated in the contract of carriage of sea is located in a Contracting State; or

(c) one of the optional port of discharge stipulated in the contract of carriage of sea is the actual port of discharge and is situated within a Contracting State; or

(d) the bill of lading or other documents evidencing as a contract of carriage by sea is issued within a Contracting State; or

(E) the bill of lading or any other document stipulated in the contract of carriage of goods by sea, which restricts the contract by any state legislation, which provides or makes it effective.

2. the provisions of this Convention shall apply regardless of the nationality of the ship, the carrier, the actual carrier, the shipper, the consignee or any other person concerned.

3. the provisions of this Convention shall not apply to charter parties.

However, if the bill of lading is issued under the charter party and restricted by the relationship between the carrier and the non lessee's holder of the bill of lading, the provisions of this Convention shall apply to such a bill of lading.

4. if the contract stipulates that the future cargo will be pported in batches within a prescribed period, the provisions of this Convention shall apply to each shipment.

However, if the pport department is carried out under the charter party, the provisions of the third paragraph of this article shall apply.

Third interpretation of this Convention

In interpreting or applying the provisions of this Convention, attention should be paid to the international nature of the Convention and the need to promote unification.

Part II liability of carrier

Fourth term of liability

1. in accordance with this Convention, the time limit for the liability of the carrier to the goods includes the period when the goods are at the port of loading, in pit and at the port of discharge under the control of the carrier.

2. for the purposes of the first paragraph of this article, the carrier shall be deemed to have taken charge of the goods during the following period:

(a) from the time when the carrier takes over the goods from the following parties:

(I) a shipper or a person acting on his behalf; or

(II) in accordance with the laws or regulations applicable to the port of loading, the goods must be delivered to the shipping authority or the other third parties.

(b) until he delivers the goods in the following manner:

(I) deliver the goods to the consignee; or

(II) if the consignee does not collect the goods from the carrier, the goods shall be placed under the consignee's control in accordance with the contract or the applicable laws at the port of discharge or specific business practices; or

(III) deliver the goods to the authorities or other third parties required for delivery according to the applicable laws or regulations of the port of discharge.

3. the carrier or consignee mentioned in the first, second paragraph of this article includes, besides themselves, the servant or agent of the carrier or consignee.

Fifth duty basis

1. if the accident causing loss, damage or delay of delivery occurs in the period when the fourth defined carrier is in charge of the goods, the carrier shall be liable for the loss caused by the loss, damage and delay in delivery of the goods, unless the carrier proves that he himself and his servants and agents have taken all reasonable measures required to avoid the occurrence of the accident and its consequences.

2. if the goods are not delivered within the specified time, or without such agreement, the delivery at the port of discharge specified in the contract of carriage under sea is not delivered within the reasonable time required by a diligent carrier in accordance with the specific circumstances.

3. if a person fails to deliver the goods in accordance with fourth requirements within sixty consecutive days after the expiration of the time limit for delivery of the second provision of this article, the person entitled to claim for the loss of the goods may be deemed to have lost the goods.

4. (a) the carrier shall be liable for the following matters:

(I) loss, damage or delay in delivery of goods caused by fire, if the claimant proves that the fire is caused by negligence or negligence of the carrier, his servant or agent.

(II) the claimant has proved that the loss, damage or delay in delivery of the goods caused by the negligence or negligence of all the measures taken by the carrier, his servant or agent may be reasonable, as required by the carrier, his servant or agent.

(b) when a ship is affected by a fire, if the claimant or carrier requests, the cause and circumstances of the fire shall be inspected according to the shipping practice, and the surveyor's report shall be submitted to the claimant and the carrier according to the requirements.

5. in regard to movable property, the carrier is not liable for loss, damage or delay in delivery due to any particular risk inherent in such pportation.

If the carrier proves that he acts in accordance with the special instructions made by the shipper to the relevant activities, and proves that, according to the specific circumstances, loss, damage or delay in delivery can be attributed to such risks. Presumption of loss, damage or delay in delivery is thus caused, except for the failure to prove that all or part of the loss, damage or delay in delivery is caused by negligence or negligence of the carrier, his servant or agent.

6. in addition to general average, the carrier shall not be liable for the loss, damage or delay in delivery of goods caused by the salvage measures or reasonable measures for salvage property.

7. if the loss, damage or delay in delivery of the goods is caused by the negligence or negligence of the carrier, his servant or agent, as well as by another cause, the carrier is liable only to the extent of loss, damage or delay in delivery caused by such negligence or negligence.

However, the carrier shall make proof of the amount which does not belong to such loss, damage or delay in delivery.

Sixth limitation of liability

1. (a) in accordance with the fifth provision, the liability of the carrier for the loss caused by the loss or damage of the goods shall be limited to 835 or fifth gross units per unit or gross weight of the damaged or damaged goods per unit or every other shipping unit, and the higher the amount of the two party shall be.

(b) in accordance with the fifth provision, the carrier's liability for delay in delivery shall be limited to 2.5 times the amount of freight payable on the delayed delivery of goods, but not exceeding the total freight payable under the contract of carriage by sea.

(c) in accordance with the total liability of the carrier under this subsection (a) (b), the carrier shall not, in any case, exceed the limitation of liability determined by the liability for the total loss of the goods under paragraph (a) of this subsection (two).

2. in accordance with the first paragraph of this article, when calculating the higher amount, the following provisions shall apply:

(a) when a container, cargo ship or similar means of pport is loaded into a cargo, if a bill of lading has been issued, the number of such goods or other units shipped in the bill of lading, otherwise, as contained in other documents as evidencing in a maritime pport contract, shall be regarded as the number of goods or the number of other shipping units.

In addition to the above circumstances, the goods contained in such means of pport shall be regarded as a shipping unit.

(b) if the shipment itself is damaged or damaged and the carrier is not owned by the carrier, or otherwise provided by him, it should be regarded as a separate shipping unit.

3. the unit of account refers to the unit of account referred to in twenty-sixth.

4. according to the agreement between the carrier and the shipper, the limitation of liability stipulated in the first paragraph can be determined.

Application of the seventh clause to non contractual claims

1. the limitation of liability and liability stipulated in this Convention shall apply to the loss of goods contained in the contract of carriage of goods by sea.