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BILL OF LADING
BILL OF LADING CLAUSES
Other Clauses
On the face of the bill of lading, we always find the same introduction:
"SHIPPED on board in apparent good order and condition ......" followed by a number of clauses such as:
"......or so near thereto as she may safely get ....."
"Weight, measure, quality, quantity, condition, contents and value unknown".
or:
"On deck at Shippers' risk"
What are these clauses worth ?
OR SO NEAR THERETO AS SHE MAY SAFELY GET
According to the jurisdiction, the master is not obliged to go to the place of destination nearer than the safety of his ship permits. He will nonetheless have to pay for the expenses to get the goods to their destination. This clause is important for the master because it covers him for the risk of average on account of this necessary transshipment. (See also GENCON Charter party, Discharging Port or Place.)
WEIGHT, MEASURE, QUALITY, QUANTITY, CONDITION, CONTENTS AND VALUE UNKNOWN
According to Article III, par. 3 b of the Hague-Visby Rules, the bill of lading must show either the number of packages, or pieces, or the quantity, or weight, as the case may be, as furnished in writing by the shipper. The expression "unknown" is consequently of no value except in the following cases:
a) When the carrier has reasonable ground to suspect the correctness of the marks, number, quantity, etc furnished by the shipper.
b) When the carrier has had no reasonable means of checking the particulars furnished by the shipper. (Hague-Visby Rules, Article III, par. 3, last alinea.)
When the goods are loaded by means of mechanical apparatus, the master will usually add the clause "Shipper's weight" or "Said to be .." or "Said to weigh ..." in the bill of lading. Notwithstanding, these expressions are accepted by the courts, they are only a presumption in the master's advantage, unless the consignee can prove the opposite.
Some expressions as "not responsible for leakage or breakage" only aim at putting the burden of proof on the receiver and not on the master or the carrier.
ON DECK AT SHIPPERS' RISK
This clause is used for goods carried on deck. According to Article I, par c of the Hague-Visby Rules, the master is not responsible for goods which, by contract of carriage, are stated as deck cargo and which are actually carried on deck.
Containers
The definition "On deck at shippers' risk" does not apply to containers since bills of lading for combined transport show a clause allowing the carrier to load containers under deck as well as on deck without having to inform the merchant:
"Goods whether or not packed in containers, may be carried on deck or under deck, without notice to Merchants ..." . (See Bill of Lading for combined transport shipment or port to port shipment - Clause 15, Optional stowage and deck cargo.)
For ordinary deck cargo (except containers) the goods have to be actually carried on deck and with the written permission of the shipper. As soon as a shipper accepts a bill of lading showing that the goods are loaded on deck, it proves that he agrees with that means of transportation.
The insertion of the clause "On deck at shippers' risk" doesn't mean that the master is not obliged to care for the goods as required by good seamanship. This clause aims mainly at putting the burden of proof on the shipper but does not prevent the latter from taking all necessary steps to prove that the master committed a fault in the exercise of his duty for which he could be hold responsible. (See also Burden of Proof.)
