• HAMBURG RULES (1978):

 

  • “goods “include live animals, consolidated cargo in container, pallet or similar article.
  • Bill of Lading: a document evidences a contract of carriage by sea and the taking over or loading of goods by carrier.
  • Hamburg rules are not applicable to charter parties.
  • Carrier is in charge of goods from the time has taken over the goods from shipper until the time he has delivered the goods to the consignee.
  • Claim for loss: cargoes are treated as lost within 60 consecutive days following expiry time of delivery.
  • Delay in delivery: the goods have not been delivered in agreed time or within the time require for a diligent carrier.
  • General average: carrier is not liable for loss, damage or delay in delivery resulted from measures to save property at sea.
  • Limits of liability: carrier liability for loss or damage to goods is limited to an amount equivalent to 835 SDR per package or 2.5 SDR per kilogram of gross weight of the goods whichever is higher.
  • Liability for delay: 2.5 times of payable freight.
  • Shipper liability: the shipper must mark and label dangerous goods in a suitable manner. He is also liable for loss or damage if it was caused by the fault or neglect of the shipper or his servants.
  • Shipper is deemed to have guaranteed to the carrier the accuracy of particulars to the general nature of goods, their marks, numbers, weight and quality.
  • Notice of loss or damage: for apparent damage one working day after the day goods were handed over to consignee. For non-apparent damage within 15 consecutive days after the day when cargo is handed over to consignee.
  • Notice of delay: within 60 consecutive days after the day goods were handed over to the consignee.
  • Notice of loss or damage (nature of cargo): carrier or actual carrier must give notice to shipper within 90 consecutive days after the occurrence of such loss or damage.
  • Time-barred: within a period of two years.

 

  • The Hauge-Visby Rules (1968):

 

  • Goods: wares, merchandise except live animals
  • Carrier is bound to (a) make the ship seaworthy (b) properly man, equip and supply the ship (c) make the holds and all parts of ship in which goods are carried fit and safe for their reception, carriage and presentation.
  • Shipper is deemed to have guaranteed to the carrier the accuracy at the time of shipment of the marks, numbers, quantity and weight.
  • Notice of loss or damage: before or at the time of the removal of the goods into the custody of the person entitled to delivery. For non-apparent loss or damage notice should be submitted in writing within three days.
  • Time-barred: one year of cargo delivery or the date when cargo should have been delivered.
  • Neither carrier nor the ship shall be liable for loss or damage resulting from unseaworthiness unless caused by want of due diligence on the part of carrier.
  • Neither the carrier nor the ship shall be responsible for loss or damage resulting from (a) act, neglect or fault of master, mariner, pilot or servants of carrier in the navigation or management of ship (b)fire unless caused by carrier (c) perils, dangers or accidents of sea (d) act of God (e) act of war (f) act of public enemies (g) arrest or restraint of princess, rulers or people or seizure under legal process (h) quarantine restrictions (i)act or omission of shipper or owners of the goods (j)strikes or lockouts or stoppage or restraints of labor (k)riots and civil commotions (l)saving or attempting to save property at sea.
  • Limits of liabilities: 666.67 SDR per package or per kilo of gross weight of the goods lost or damaged whichever is higher.