Chapter 8: Carrier’s Liability for Sea Carriage

P & O Nedlloyd Bill

8.1

Place of Receipt (Applicable only when this document is used as a Combined Transport Bill of Lading) ________________

Place of Delivery (Applicable only when this document is used as a Combined Transport Bill of Lading) ________________

Port of Loading ________________

Port of Discharge ________________ 1

1. DEFINITIONS

...

“Carriage” means the whole or any part of the operations and services undertaken by the Carrier in respect of the Goods covered by this Bill of Lading.

“Port of Loading” means any port at which the Goods are loaded on board any Vessel (which may not necessarily be the Vessel named overleaf) for Carriage under this Bill of Lading.

“Port of Discharge” means any port at which the Goods are discharged from any Vessel (which may not necessarily be the Vessel named overleaf) after Carriage under this Bill of Lading. 2

...

“Combined Transport” arises if the Place of Receipt and/or the Place of Delivery are indicated on the face hereof in the relevant spaces.

“Port to Port” arises if the Carriage is not Combined Transport. 3

Combiconbill (as revised 1995)

8.2

I. GENERAL PROVISIONS

1. Applicability

Notwithstanding the heading “Combined Transport”, the provisions set out and referred to in this Bill of Lading shall also apply, if the transport as described in this Bill of Lading is performed by one mode of transport only. 4

Conlinebill

8.8

4. Period of Responsibility.

The Carrier or his Agent shall not be liable for loss of or damage to the goods during the period before loading and after discharge from the vessel, howsoever such loss or damage arises. 13

...

ADDITIONAL CLAUSES

(To be added if required in the contemplated trade.)

B. U.S. Trade. Period of Responsibility.

In case the Contract evidenced by this Bill of Lading is subject to the U.S. Carriage of Goods by Sea Act, then the provisions stated in said Act shall govern before loading and after discharge and throughout the entire time the goods are in the Carrier’s custody. 14

Visconbill

8.9

4. Period of Responsibility

The carrier shall be liable for loss of or damage to the goods occurring between the time when he receives the goods into his charge and the time when the goods are placed at the disposal of the Merchant or in any storage not owned and/or controlled by the Carrier, whichever is the earlier. 15

Congenbill 1978

8.10

(1)... The carrier shall in no case be responsible for loss of or damage to cargo arisen prior to loading and after discharging. 16

Congenbill 1994

8.11

2(c) The Carrier shall in no case be responsible for loss of or damage to the cargo, howsoever arising prior to loading into and after discharge from the Vessel or while the cargo is in the charge of another Carrier, nor in respect of deck cargo or live animals. 17

Hapag-Lloyd Europe-North America Services Bill 1991

8.12

5. CARRIER’S RESPONSIBILITY

Port-to-Port Shipment

...

The Carrier shall be under no liability whatsoever for loss of or damage to the Goods, howsoever occurring, if such loss or damage arises prior to loading onto or subsequent to discharge from the vessel. Notwithstanding the above, in case and to the extent that any applicable compulsory law provides to the contrary, the Carrier shall have the benefit of every right, defence, limitation and liberty in the Hague Rules as applied by this clause during such additional compulsory period of responsibility, notwithstanding that the loss or damage did not occur at sea. The US COGSA shall govern while the Goods are in the custody of the Carrier or his Sub-contractor at the sea terminal in the United States of America before loading onto the Vessel or after discharge therefrom, as the case may be, and the Can Water COGA shall govern in analogous cases at sea terminals in Canada. 18

7(5) Scope of Application

(a) The terms and conditions of this Bill of Lading shall at all times govern all responsibilities of the Carrier in connection with or arising out of the supply of a Container to the Merchant, not only during the Carriage, but also during the periods prior to and/or subsequent to the Carriage. 19

8.13

Hapag-Lloyd Bill of Lading 1996

5. CARRIER’S RESPONSIBILITY

(1) Port-to-Port Shipment

... The Carrier shall be under no liability whatsoever for loss of or damage to the Goods, howsoever occurring, if such loss or damage arises prior to loading onto or subsequent to discharge from the Vessel. Notwithstanding the above, in the event that any applicable compulsory law provides to the contrary, the Carrier shall have the benefit of every right, defence, limitation and liberty in the Hague Rules as applied by this clause during such additional compulsory period of responsibility, notwithstanding that the loss or damage did not occur at sea. In the event that this bill of lading covers shipments to or from the United States then the Carriage of Goods by Sea Act...