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发表于 2007-7-15 10:56:28
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维斯比规则（Visby Rules）英文版; y# k+ a. W& d( @+ o" g. k
- g- E! g7 n6 r& UArticle I ; }5 o$ D2 \, d- L' @2 b: H& R
# ~7 k. F- J5 v4 G- nDefinitions, b8 L. F- O8 G+ P1 @
5 y" L. j$ k% r/ m' cIn these Rules the following expressions have the meanings hereby assigned to them respectively, that is to say,
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- K+ g* w% k& a% V8 A+ w+ N(a) "carrier" includes the owner or the charterer who enters into a contract of carriage with a shipper;
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9 V) p, ^3 V& @% J3 s4 e(b) "contract of carriage" applies only to contracts of carriage covered by a bill of lading or any similar document of title, in so far as such document relates to the carriage of goods by water, including any bill of lading or any similar document as aforesaid issued under or pursuant to a charter-party from the moment at which such bill of lading or similar document of title regulates the relations between a carrier and a holder of the same;
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(c) "goods" includes goods, wares, merchandise and articles of every kind whatsoever, except live animals and cargo which by the contract of carriage is stated as being carried on deck and is so carried;8 E e- |& Y6 @- w) E" j- C. \
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(d) "ship" means any vessel used for the carriage of goods by water;, m$ u4 I3 W) b) d" p) p
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(e) "carriage of goods" covers the period from the time when the goods are loaded on to the time they are discharged from the ship.# K& u$ `$ `- c7 p) V8 S6 j+ Q# {: `
9 w! |7 n( m2 [. h3 TArticle II8 z/ F/ U8 `5 q9 u
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Risks
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# x7 N+ G. A- v1 USubject to the provisions of Article VI, under every contract of carriage of goods by water the carrier, in relation to the loading, handling, stowage, carriage, custody, care and discharge of such goods, shall be subject to the responsibilities and liabilities and entitled to the rights and immunities hereinafter set forth.% z; I/ M! c% |' b) m+ |- U( T. o% a
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Article III
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# v0 w6 {, y8 C' G& ?Responsibilities and Liabilities
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1. The carrier shall be bound, before and at the beginning of the voyage, to exercise due diligence to
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7 o1 H- ?1 w# P" l" a(a) make the ship seaworthy;
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(b) properly man, equip and supply the ship;' G2 `0 D2 G, |$ J" D
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(c) make the holds, refrigerating and cool chambers, and all other parts of the ship in which goods are carried, fit and safe for their reception, carriage and preservation.3 E: I$ w( J( ~# w
0 q: j; ~2 {- q& s' U* T7 P @2. Subject to the provisions of Article IV, the carrier shall properly and carefully load, handle, stow, carry, keep, care for and discharge the goods carried.- v# w. i F* p+ v9 _# `
4 ] O% _1 }0 A% S2 E/ d3. After receiving the goods into his charge, the carrier, or the master or agent of the carrier, shall, on demand of the shipper, issue to the shipper a bill of lading showing among other things
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6 l+ S2 v" F, d, G2 g2 p(a) the leading marks necessary for identification of the goods as the same are furnished in writing by the shipper before the loading of such goods starts, provided such marks are stamped or otherwise shown clearly upon the goods if uncovered, or on the cases or coverings in which such goods are contained, in such a manner as should ordinarily remain legible until the end of the voyage;
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B, }# ]% ^2 I: l j6 R& Z' B(b) either the number of packages or pieces, or the quantity, or weight, as the case may be, as furnished in writing by the shipper;
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D8 d0 B v V6 P. F(c) the apparent order and condition of the goods:6 ^: d; Q }' I0 v
7 T* m% y# B5 u, {+ K% vProvided that no carrier, master or agent of the carrier shall be bound to state or show in the bill of lading any marks, number, quantity, or weight which he has reasonable ground for suspecting not accurately to represent the goods actually received or which he has had no reasonable means of checking.
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4. Such a bill of lading shall be prima facie evidence of the receipt by the carrier of the goods as therein described in accordance with paragraphs 3(a), (b) and (c).% T( P z" G. @% [% n0 g: [
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However, proof to the contrary shall not be admissible when the bill of lading has been transferred to a third party acting in good faith.9 i3 Z& N- P5 {
0 G2 t: \+ Z# r0 [5. The shipper shall be deemed to have guaranteed to the carrier the accuracy at the time of shipment of the marks, number, quantity and weight, as furnished by him, and the shipper shall indemnify the carrier against all loss, damages and expenses arising or resulting from inaccuracies in such particulars. The right of the carrier to such indemnity shall in no way limit his responsibility and liability under the contract of carriage to any person other than the shipper.
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6. Unless notice of loss or damage and the general nature of such loss or damage be given in writing to the carrier or his agent at the port of discharge before or at the time of the removal of the goods into the custody of the person entitled to delivery thereof under the contract of carriage, or, if the loss or damage be not apparent, within three days, such removal shall be prima facie evidence of the delivery by the carrier of the goods as described in the bill of lading.
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5 m" |: H$ o3 i( p: VThe notice in writing need not be given if the state of the goods has at the time of their receipt been the subject of joint survey or inspection.
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Subject to paragraph 6bis the carrier and the ship shall in any event 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. This period may, however, be extended if the parties so agree after the cause of action has arisen.1 T0 X# h- J1 |) g
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In the case of any actual or apprehended loss or damage the carrier and the receiver shall give all reasonable facilities to each other for inspecting and tallying the goods.) n' h: f& j( H: }+ |- `6 Q7 A
! X) ]! n. P7 @( `! P' j6.bis An action for indemnity against a third person may be brought even after the expiration of the year provided for in the preceding paragraph if brought within the time allowed by the law of the Court seized of the case. However, the time allowed shall be not less than three months, commencing from the day when the person bringing such action for indemnity has settled the claim or has been served with process in the action against himself.
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7. After the goods are loaded the bill of lading to be issued by the carrier, master or agent of the carrier, to the shipper shall, if the shipper so demands, be a "shipped" bill of lading, provided that if the shipper shall have previously taken up any document of title to such goods, he shall surrender the same as against the issue of the "shipped" bill of lading, but at the option of the carrier such document of title may be noted at the port of shipment by the carrier, master, or agent with the name or names of the ship or ships upon which the goods have been shipped and the date or dates of shipment, and when so noted the same shall for the purpose of this Article be deemed to constitute a "shipped" bill of lading.) Y5 f# X, w$ l7 L* N# X
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8. Any clause, covenant or agreement in a contract of carriage relieving the carrier or the ship from liability for loss or damage to or in connection with goods arising from negligence, fault or failure in the duties and obligations provided in this Article or lessening such liability otherwise than as provided in these Rules, shall be null and void and of no effect.
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A benefit of insurance or similar clause shall be deemed to be a clause relieving the carrier from liability.
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Article IV
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8 \6 U+ i4 b0 DRights and Immunities/ Q p/ h% o5 o! q; B+ A
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1. Neither the carrier nor the ship shall be liable for loss or damage arising or resulting from unseaworthiness unless caused by want of due diligence on the part of the carrier to make the ship seaworthy, and to secure that the ship is properly manned, equipped and supplied, and to make the holds, refrigerating and cool chambers and all other parts of the ship in which goods are carried fit and safe for their reception, carriage and preservation in accordance with the provisions of paragraph 1 of Article III.7 ^5 O! f' ?! p: G5 u# Y) b
1 q: l' ?8 _+ [0 ~ k( lWhenever loss or damage has resulted from unseaworthiness, the burden of proving the exercise of due diligence shall be on the carrier or other person claiming exemption under this article.( l) L3 @ }8 f4 y% |- @
0 e* |$ ~- b- a7 Y9 V, o2. Neither the carrier nor the ship shall be responsible for loss or damage arising or resulting from% `- P5 r; b0 m" e
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(a) act, neglect, or default of the master, mariner, pilot or the servants of the carrier in the navigation or in the management of the ship;
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(c) perils, dangers and accidents of the sea or other navigable waters;
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: h" v2 u5 J+ g(d) act of God;
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- ~- y+ k' E/ _0 s, p(e) act of war;6 z8 O( v) `% U6 l# o# [
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(f) act of public enemies;0 I L, X; G1 D0 j
" S- A- [2 U/ f( ?3 h$ t(g) arrest or restraint of princes, rulers or people, or seizure under legal process;2 A5 f) J* `8 P2 \: {. n# `5 g
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(h) quarantine restrictions;
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(i) act or omission of the shipper or owner of the goods, his agent or representative;
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(j) strikes or lock-outs or stoppage or restraint of labour from whatever cause, whether partial or general;+ \( Q# Q7 k6 J* t+ v1 O
1 d, @( q' j5 z3 ~(k) riots and civil commotions;7 Z( H8 C6 h/ k% ]2 N% j
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(l) saving or attempting to save life or property at sea;: u' F6 J* G9 O: T7 f; W t
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(m) wastage in bulk or weight or any other loss or damage arising from inherent defect, quality or vice of the goods;) G" P \: G, z5 Z
) Z$ x, n- E, Y% Y7 y$ _% I(n) insufficiency of packing;3 r/ ], r8 r! ^( ]
% v7 i% y# c& l$ l(o) insufficiency or inadequacy of marks;
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. ^. d# ^' K0 p+ A$ A9 z# S V' ^(p) latent defects not discoverable by due diligence;
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(q) any other cause arising without the actual fault and privity of the carrier, or without the fault or neglect of the agents or servants of the carrier, but the burden of proof shall be on the person claiming the benefit of this exception to show that neither the actual fault or privity of the carrier nor the fault or neglect of the agents or servants of the carrier contributed to the loss or damage.
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3. The shipper shall not be responsible for loss or damage sustained by the carrier or the ship arising or resulting from any cause without the act, fault or neglect of the shipper, his agents or his servants.
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4. Any deviation in saving or attempting to save life or property at sea or any reasonable deviation shall not be deemed to be an infringement or breach of these Rules or of the contract of carriage, and the carrier shall not be liable for any loss or damage resulting therefrom. |
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发表于 2007-7-15 10:48:53
