Document ID: chunk:federal_register_of_legislation:C2017C00280:schedule:1a:p11
Version: federal_register_of_legislation:C2017C00280
Segment Type: schedule
Provision Reference: sch 1A (pt 11/17)
Character Range: 57770–60356

not substantially caused, or substantially contributed to, by unreasonable conduct of the carrier.
 5. For paragraph 4, conduct of servants or agents of the carrier is not taken to be conduct of the carrier if the servants or agents engaged in the conduct without the carrier's express or implied authority.
 6. The quantum of the carrier's liability for loss caused by the delay is limited to whichever is the lesser of:
     (a) the actual amount of the loss; or
     (b) two and a half times the sea freight payable for the goods delayed; or
     (c) the total amount payable as sea freight for all of the goods shipped by the shipper concerned under the contract of carriage concerned.
 7. To avoid doubt, nothing in Article 4 or this Article prevents a carrier being liable to a shipper under both Article 4 and this Article.
ARTICLE 4bis
 1. The defences and limits of liability provided for in this Convention these Rules shall apply in any action against the carrier in respect of loss or damage to goods covered by a contract of carriage whether the action be founded in contract or in tort.
 2. If such an action is brought against a servant or agent of the carrier (such servant or agent not being an independent contractor), such servant or agent shall be entitled to avail himself of the defences and limits of liability which the carrier is entitled to invoke under this Convention these Rules.
 3. The aggregate of the amounts recoverable from the carrier, and such servants and agents, shall in no case exceed the limit provided for in this Convention these Rules.
 4. Nevertheless, a servant or agent of the carrier shall not be entitled to avail himself of the provisions of this Article, if it is proved that the damage resulted from an act or omission of the servant or agent done with intent to cause damage or recklessly and with knowledge that damage would probably result.
ARTICLE 5

A carrier shall be at liberty to surrender in whole or in part all or any of his rights and immunities or to increase any of his responsibilities and obligations under this conventionthese Rules, provided such surrender or increase shall be embodied in the Bill of Lading sea carriage document issued to the shipper. The provisions of this convention these Rules shall not be applicable to charter parties, but if negotiable sea carriage documents bills of lading are issued in the case of a ship under a charter party they shall comply with the terms of this convention these Rules. Nothing in these rules shall be held to prevent the insertion in a Bill of Lading sea carriage