Chapter 17: Time Limits

Multidoc 95

17.1

14. Notice of Loss of or Damage to the Goods

(a) Unless notice of loss of or damage to the Goods, specifying the general nature of such loss or damage, is given in writing by the Consignee to the MTO when the goods are handed over to the Consignee, such handing over is prima facie evidence of the Delivery by the MTO of the goods as described in the MT Bill of Lading.

(b) Where the loss or damage is not apparent, the same prima facie effect shall apply if notice in writing is not given within six consecutive days after the day when the Goods were handed over to the Consignee. 1

Combiconbill (as revised 1995)

17.2

13. Notice of Loss of or Damage to the Goods

(1) Unless notice of loss of or damage to the goods, specifying the general nature of such loss or damage, is given in writing by the Merchant to the Carrier when the goods are handed over to the Merchant, such handing over is prima facie evidence of the Delivery by the Carrier of the goods as described in this Bill of Lading.

(2) Where the loss or damage is not apparent, the same prima facie effect shall apply if notice in writing is not given within three (3) consecutive days after the day when the goods were handed over to the Merchant. 2

P & O Nedlloyd Bill

17.3

6. CARRIER’S RESPONSIBILITY/COMBINED TRANSPORT

...

(4) Notice of Claim

Unless Clause 25 applies, the Carrier shall be deemed prima facie to have effected timely delivery of the Goods as described in this Bill of Lading unless notice of loss, damage or delay to the Goods, indicating the general nature of such loss, damage or delay , shall have been given in writing to the Carrier or to his representative at the Place of Delivery (or the Port of Discharge if no Place of Delivery is named on the face hereof) before or at the time of removal of the Goods into the custody of the Person entitled to delivery thereof under this Bill of Lading, or, if the loss or damage is not apparent, within three working days thereafter. 3

ANL Tranztas Bill of Lading

17.4

5. (B) COMBINED TRANSPORT

Where the Carriage called for by this Bill of Lading is Combined Transport then, save as is otherwise provided in this Bill of Lading, the Carrier shall be liable for loss or damage occurring during Carriage to the extent set out below.

...

(3) Special Provisions for Combined Transport

(a) Notice of loss or damage

The Carrier shall be deemed prima facie to have delivered the Goods as described in this Bill of Lading unless notice of loss of, or damage to, the Goods, indicating the general nature of such loss or damage shall have been given in writing to the Carrier or to his representative at the place of delivery before or at the time of removal of the Goods into the custody of the person entitled to delivery thereof under this Bill of Lading or, if the loss or damage is not apparent, within three consecutive days thereafter. 4

Mitsui OSK Lines Combined Transport Bill 1993

17.5

5. CARRIER’S RESPONSIBILITY

...

(4) Notice of Loss or Damage

Unless notice of loss or damage to the Goods and the general nature of it be given in writing to the Carrier at the Place of Delivery before or at the time of the removal of the Goods into the custody of the Person entitled to delivery thereof under this Bill of Lading, or if the loss or damage be not apparent, within three working days thereafter, such removal shall be prima facie evidence of the delivery by the Carrier of the Goods as described in this Bill of Lading. 5

Combiconbill (as revised 1995)

17.9

4. Time Bar

All liability whatsoever of the Carrier shall cease unless suit is brought within 9 months after delivery of the goods or the date when the goods should have been delivered. 12

Visconbill

17.10

5. Indirect Damage, Delay and Misdelivery: Time Bar

...

(b) In the event of liability for delivery to the wrong person, the same time limitation of one year as is provided for in Article III, 6 and 6 bis of the Hague-Visby Rules shall apply. 13

P & O Nedlloyd Bill

17.11

6. CARRIER’S RESPONSIBILITY/COMBINED TRANSPORT

If Carriage is Combined Transport, the Carrier undertakes to perform and/or in his own name to procure performance of the Carriage from the Place of Receipt or the Port of Loading whichever is applicable, to the Port of Discharge or the Place of Delivery, whichever is applicable, and, save as is otherwise provided for in this Bill of Lading, the Carrier shall be liable for loss, damage or delay occurring during the Carriage only to the extent set out below.

(5) Time-bar

Unless Clause 25 applies, the Carrier shall be discharged of all liability whatsoever in respect of the Goods, unless suit is brought and notice thereof given to the Carrier within nine months after delivery of the Goods or, if the Goods are not delivered, ten months after the date of issue of this Bill of Lading. 14

ANL Tranztas Bill of Lading

17.12

5. (B) COMBINED TRANSPORT

Where the Carriage called for by this Bill of Lading is Combined Transport then, save as is otherwise provided in this Bill of Lading, 15 the Carrier shall be liable for loss or damage occurring during Carriage to the extent set out below ...

(b) Time Limitation

Subject to any provision of this Clause 5 to the contrary the Carrier shall be discharged from all liability under this Bill of Lading unless suit is brought and notice thereof given to the Carrier within twelve months after delivery of the Goods or the date when the Goods should have been delivered. 16

Mitsui OSK Lines Combined Transport Bill 1992

17.13

9. NOTICE OF LOSS, TIME BAR

...

(2) Subject to sub-clause (3) below the Carrier shall be discharged of all liability under this Bill of Lading unless suit is brought and written notice therefore given to the Carrier within nine months after delivery of the Goods. In the case of total loss 17 of the Goods the period shall begin to run two months after the Goods have been received for transportation.

(3) Notwithstanding sub-clause (2) above, if the whole of the carriage undertaken by the Carrier is limited to the carriage from a CY or CFS 18 in or immediately adjacent to the sea terminal at the port of discharge, the Carrier shall 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.

“K” Line Bill of Lading

17.14

25. (Notice of Claim and Time for Suit against Ocean Carrier)... (2) In any event the Ocean Carrier shall be discharged from all liability in respect of nondelivery, misdelivery, delay, 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. 19

Multidoc 95

17.15

4. Time Bar

The MTO shall, unless otherwise expressly agreed, be discharged of all liability under the MT Bill of Lading unless suit is brought within nine months after:

(i) the Delivery of the Goods; or

(ii) the date when the Goods should have been delivered; or

(iii) the date when, in accordance with sub-clause 10 (e) failure to deliver the Goods would give the Consignee the right to treat the Goods as lost. 20