Buyer: The Theatre of Wine, in Greenwich, London, United Kingdom Shipowners/Shippers: Carry Carefully, South Africa
The copy of B/L is attached.
1. for the carriage of a consignment of wine from South Africa (which has incorporated the Hague-Visby Rules, under its own Carriage of Goods by Sea Act 1986) to London (the UK). 2. The wine was shipped and the master issued a clean straight bill for the goods, which contained a "no liability for loss or damage caused by negligent preparation of the vessel" clause. 3. The straight bill had to be presented for collection of the goods. 4. When the wine was discharged, The Theatre of Wine discovered that it had become contaminated by the ingress of rain and seawater due to the holds in which it was stowed not being shut properly during the voyage. 5. we didn`t know many important factors as the following:
5.1. the cargo was stowed on deck or inside the holds of the vessels; 5.2. there are no informations about the period of transportation, the year, when this transportation has taking place, delivery terms; 5.3. there are no informations about the vessel type, the loading rate, the discharging rate, the freight rate, the payment of freight the demurrage rate etc; 5.4. how the wine is packed (in bottles, barrels etc.)
5.5. how was made the stowage and the lashing of the cargo;
5.6. how was agreed the issuing of the documents, not only the bill of lading, but also te mastes receipt, the cargo manifest, the draft survey certificate; 5.7. how, under every contract of carriage of goods by sea, 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; 5.8. the nature and value of such goods have been NOT declared by the shipper before shipment and have been NOT inserted in the bill of lading (so neither the carrier nor the ship shall in any event be or become liable for any loss or damage to or in connection with the goods in an amount exceeding the equivalent of 10 000 francs per package or unit or 30 francs per kilo of gross weight of the goods lost or damaged, whichever is the higher).
Visby Amendments (the Bruxells Protocol)
The Hague Rules were altered by the Visby Amendments of 1968. The Visby Amendments changed the primary function of the bill of lading as a receipt for goods in one significant respect: when a bill of lading, as prima facie evidence of the receipt by the carrier of the goods described therein, has been transferred to a third party acting in good faith, the carrier was not entitled to lead evidence to show that the goods were not as described in the bill of lading.
The Hague Rules, and the Visby Amendments (the Hague-Visby Rules), are contained in a schedule attached to the South African Carriage of Goods by Sea Act, 1986. This Act has the force of law and applies in respect of South Africa in respect of and in connection with, inter alia:-
(a) any bill of lading, if the contract contained in or evidence by it expressly provides that the Hague-Visby Rules govern the contract; and
(b) any receipt which is a non-negotiable document, and marked as such, if the contract evidenced by it expressly provides that the Rules are to apply.
Interestingly, the Act, in so far as non-negotiable receipts are concerned, provides that these receipts would:-
a. only amount to prima facie evidence of the receipt of the goods described therein;
b. would not be regarded as a “shipped” bill of lading. The term "cargo claim" is a broad one. Such claims are ancient with a long history of laws written and re-written to address them. Cargo claims can invoke "maritime law," another broad and sometimes elusive term. Claims for cargo lost or damaged on land, never touching a drop of water, are often called marine cargo claims nonetheless....