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Monday , December 10 2018
Home / Freight Training News / Special Provisions for Liability and Compensation.
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Special Provisions for Liability and Compensation.

12. Special Provisions for Liability and Compensation.

(1) If notwithstanding anything provided for in clauses 10 and 11 of this Bill of Lading, the loss or damage of the carrier and or the merchant shall, in respect of liability of the carrier, be determined by the provisions contained in any International Conventions or national law which cannot be departed from by private contract, to the detriment of the claimants and which would have applied if the merchant had made a separate and direct contract with the carrier in respect of the particular stage of transport where the loss or damage occurred and if there was received as evidence thereof any particular document which must be issued if such International Convention or national law shall apply.
(2) If neither the Hague-or Hague-Visby Rules or US COGSA 1936 or The Water Carriage Act of 1936 apply to
carriage by sea by virtue of the foregoing provisions, the liability of the carrier in respect of any carriage by sea shall
be determined by the International Convention for the Unification of certain rules relating to Bills of Lading dated
25 August 1924 (Hague Rules) and any subsequent amendments thereto. The Hague – Hague-Visby Rules shall
also determine the liability of the carrier in respect of carriage by inland waterways as if such carriage were carriage by sea. They shall also apply to all goods whether carried on deck or under deck.
(3) If the liability of the carrier both in port-to-port shipments and in combined transports is determined by the
applicable law, then the carrier shall be under no liability for loss of or damages, to the goods caused if caused in the
port of loading before loading or in the port of discharge after discharge.
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