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Hamburg Rules defining sea carrier's obligations and liability
International contracts of sea carriage
Hamburg Rules are properly called the United Nations Convention on the Carriage of Goods by Sea 1978, were drafted under the auspices of the UN agency UNCITRAL and introduced in 1992 in response to shippers’ complaints that the Hague and Hague-Visby Rules were unfavourably weighted in favour of the carrier.
The Hamburg Rules are supported by very few States with any significant maritime trade.
The main features of the Hamburg Rules of interest to a shipmaster are:
• The carrier is liable from the time he accepts the goods at the port of loading until he delivers them at the port of
discharge. (Under the other rules the carrier is liable from “tackle to tackle”.)
• The carrier is liable for loss, damage or delay to the goods occurring whilst in his charge unless he proves that
“he, his servants or agents took all measures that could reasonably be required to avoid the occurrence and its
consequences”.
• The Hamburg Rules do not give the carrier so many exceptions from liability as the Hague and Hague-Visby
Rules. In particular, the carrier is not exonerated from liability arising from negligence in navigation or
management of the ship.
• The Hamburg Rules govern both inward and outward bills of lading, whereas the Hague and Hague-Visby
Rules govern only outward bills of lading.
• The Hamburg Rules cover live animals, unlike the Hague and Hague-Visby Rules, but the carrier is not liable
for loss, damage or delay in delivery resulting from any special risks inherent in their carriage.
• The carrier can only carry cargo on deck if there is a custom of the trade to do so or by an agreement with the
shipper. If such an agreement exists the carrier must insert a statement to this effect on the bill of lading. Where
goods are carried on deck without a custom of the trade or an agreement with the shipper, the carrier is liable
for loss, damage or delay.
Related other info pages
- What is a bill of lading ?
A bill of lading is a receipt for goods either received (before shipment) or shipped on board.
It provides good evidence of the existence and terms of a contract between the shipper and carrier ...
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- Function of a bill of lading in cargo ships agreement
a bill of lading is only prima facie evidence as to the quantity, weight and condition of goods
shipped, i.e. if a bill is signed for a greater quantity of cargo than is actually shipped, it may be possible, provided
the bill is not endorsed to a third party,...
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- Bill of lading related problems
Problems may arise handling a bill of lading....
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- How the bolero system works ?
Bolero is designed for all parties in the trade process:
importers, exporters, freight forwarders, port authorities, inspection agencies, carriers, ship’s agents, customs
agencies and financial institutions....
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- Delivery conditions in a time charter agreement
Unless the contract contained in the bill of lading, charter party or sea waybill expressly provides otherwise, goods
stated in the contract of carriage as being carried on deck and which are, in fact, stowed on deck will not be
protected by the Hague-Visby Rules. ...
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- Hague-Visby Rules defining cargo ships obligations and liability
Hague-Visby Rules (HVRs) are properly called the Hague Rules as Amended by the Brussels Protocol 1968 and apply to every bill of lading or any similar document of title relating to the carriage of goods between ports...
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- Hamburg Rules
Hamburg Rules are properly called the United Nations Convention on the Carriage of Goods by Sea 1978, were drafted under the auspices of the UN agency UNCITRAL and introduced in 1992 in response to shippers’ complaints that the Hague and Hague-Visby Rules were unfavourably weighted in favour of the carrier....
More .....
- Outline of a mate's receipt
A mate’s receipt is a receipt, issued and signed by the carrying ship’s chief mate (or the ship’s agent on his behalf), for goods
received on board....
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- Sea waybills and related procedure
A sea waybill is a receipt for goods shipped on board.
It bears good evidence of the existence and terms of a contract between the shipper and carrier, but is not a contract
itself....
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- What is standard shipping note
Standard Shipping Note (SSN) is a shipping document widely used in the UK liner trades to accompany a consignment of goods from their place of origin (e.g. a factory) to the place of loading (e.g. an inland container depot) or the port of shipment....
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