气温升高维斯比规则中英对照版

2021年1月19日发(作者：maisto)






























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维斯比规则英文版

Hague-Visby Rules


Article I
Definitions
In these Rules the following expressions have the
meanings hereby assigned to them respectively,
that is to say,
(a)
enters into a contract of carriage with a shipper;
(b)
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 which such bill of lading or similar
document of title regulates the relations between a
carrier and a holder of the same;
(c)
articles of every kind whatsoever, except live
animals and cargo which by the contract of
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carriage is stated as being carried on deck and is so
carried;
(d)
goods by water;
(e)
time when the goods are loaded on to the time they
are discharged from the ship.
Article II
Risks
Subject to the provisions of Article VI, under every
contract of carriage 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 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;
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(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
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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 paragraphs 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
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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
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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.
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

shall have previously taken up any document of title
to such goods, he shall surrender the same as
against the issue of the
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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 the same shall for the purpose of this Article
be deemed to constitute a
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 or similar clause shall be
deemed to be a clause relieving the carrier from
liability.
Article IV
Rights and Immunities
1. Neither the carrier nor the ship shall be liable for
loss or damage arising or resulting from
unseaworthiness unless caused by want of due
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diligence on the part of the carrier to 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 provisions of paragraph 1 of
Article 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) 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;
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(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 lock- outs 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 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 inadequacy 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
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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 666.67 units of
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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 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
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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 the date to be
determined by the law of the Court seized of the
case. The value of the national 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 value 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 permit the application of the provisions of the
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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) 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 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 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
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in units of account.
States shall communicate to the depositary the
manner of 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 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
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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.
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Article IVbis
Application of Defences and Limits of Liability
1. The defences and limits of liability provided for in
these Rules shall apply in any action against the
carrier in respect of loss or damage to goods
covered by a contract of carriage whether the
action be founded in contract or in tort.
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.
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Article V
Surrender of Rights and Immunities, and Increase of
Responsibilities and Liabilities
A carrier shall be at liberty to surrender in whole or in
part all or any of his rights and immunities or to
increase any of his responsibilities and liabilities under
the Rules contained in any of these Articles,
provided such surrender or increase shall be
embodied in the bill of lading issued to the shipper.
The provisions of these Rules shall not be applicable
to charter-parties, but if bills of lading are issued in
the case of a ship under a charter-party they shall
comply with the terms of these Rules. Nothing in
these Rules shall be held to prevent the insertion in a
bill of lading of any lawful provision regarding
general average.
Article VI
Special Conditions
Notwithstanding the provisions of the preceding
Articles, a carrier, master or agent of the carrier and
a shipper shall in regard to any particular goods be
at liberty to enter into any agreement in any terms as
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to the responsibility and liability of the carrier for such
goods, and as to the rights and immunities of the
carrier in respect of such goods, or his obligation as
to seaworthiness, so far as this stipulation is not
contrary to public policy, or the care or diligence of
his servants or agents in regard to the loading,
handling, stowage, carriage, custody, care and
discharge of the goods carried by water, provided
that in this case no bill of lading has been or shall be
issued and that the terms agreed shall be embodied
in a receipt which shall be a non-negotiable
document and shall be marked as such.
Any 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
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