CARRIAGE OF GOODS BY SEA ACT

CHAPTER 24
CARRIAGE OF GOODS BY SEA ACT

Arrangement of Sections

1. Short title.

2. Application of rules in schedule.

3. Absolute warranty of seaworthiness not to be implied in contracts to which rules apply.

4. Statement as to application of rules to be included in bill of lading.

5. Modification of Article VI of rules in relation to coasting trade.

6. Modification of rules 4 and 5 of Article III in relation to bulk cargoes.

7. Savings and operation.

SCHEDULE

7 of 1926,

23 of 1976.

Proc 10 of 1926.

[Date of commencement: 1st January 1927]

1. Short title.

This Act may be cited as the Carriage of Goods by Sea Act.

2. Application of rules in schedule.

Subject to the provisions of this Act, the rules set out in the schedule, hereinafter referred to as the rules, shall have effect in relation to and in connection with the carriage of goods by sea ships carrying goods from any port in Seychelles to any other outside Seychelles or from any place in Seychelles to any place in Seychelles.

3. Absolute warranty of seaworthiness not to be implied in contracts to which rules apply.

There shall not be implied in any contract for the carriage goods by sea to which the rules apply any absolute undertaking the carrier of the goods to provide a seaworthy ship.

4. Statement as to application of rules to be included in bill of lading.

Every bill of lading, or similar document of title, issued in Seychelles which contains or is evidence of any contract to which the rules apply shall contain an express statement that it is to have effect subject to the provisions of the said rules as applied by this Act.

5. Modification of Article VI of rules in relation to coasting trade.

Article VI of the rules shall, in relation to the carriage of goods by sea in ships carrying goods from any place in Seychelles to any other place in Seychelles, have effect as though the said article referred to goods of any class instead of to particular goods and as coasting trade though the proviso to the second paragraph of the said article were omitted.

6. Modification of rules 4 and 5 of Article III in relation to bulk cargoes.

Where under the custom of any trade the weight of any bulk cargo inserted in the bill of lading is a weight ascertained or accepted by a third party other than the carrier or the shipper and the fact the weight is so ascertained or accepted is stated in the bill of lading, then, notwithstanding anything in the rules, the bill of lading shall not be deemed to be prima facie evidence against the carrier of the receipt of goods of the weight so inserted in the bill of lading and the accuracy thereof at the time of shipment shall not be deemed to have been guaranteed by the shipper.

7. Savings and operation.

(1) Nothing in this Act shall affect the operation of any enactment for the time being in force or hereafter to be enacted relating to the carriage of dangerous goods as defined by such enactment or limiting the liability of the owner of seagoing vessels.

(2) Article III of the Rules shall be subject to the following rule:

In case of divergence between the bills of lading for the same shipment, that which is in the hands of the master shall be valid if filled in the handwriting of the shipper or his mercantile agent, and that is which is produced by the shipper or consignee shall be valid if filled in the handwriting of the master.

SCHEDULE

RULES RELATING TO BILLS OF LADING

ARTICLE I

Definitions

In these rules the following expressions have the meanings hereby assigned to them respectively, that is to say—

(a) “carrier” includes the owner or the charterer who enters into a contract of carriage with a shipper;

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