Document ID: chunk:federal_register_of_legislation:C2017C00280:schedule:1a:p12
Version: federal_register_of_legislation:C2017C00280
Segment Type: schedule
Provision Reference: sch 1A (pt 12/17)
Character Range: 60146–62696

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 document of any lawful provision regarding general average.
ARTICLE 6

Notwithstanding the provisions of the preceding articles, a carrier, master or agent of the carrier and a shipper shall in regard to any particular goods be at liberty to enter into any agreement in any terms as to the responsibility and liability of the carrier for such goods, and as to the rights and immunities of the carrier in respect of such goods, or his obligation as to seaworthiness, so far as this stipulation is not contrary to public policy, or the care or diligence of his servants or agents in regard to the loading, handling, stowage, carriage, custody, care and discharge of the goods carried by sea provided that in this case no bill of lading has been or shall be issued and that the terms agreed shall be embodied in a receipt which shall be a non‑negotiable document and shall be marked as such.

However:
     (a) the terms so agreed must be set out in a receipt or consignment note; and
     (b) the receipt or consignment note must be, and must be marked as being, non‑negotiable; and
     (c) the receipt or note must state that no other sea carriage document has been, or will be, issued for the carriage.

Any agreement so entered into shall have full legal effect.

Provided that this article shall not apply to ordinary commercial shipments made in the ordinary course of trade, but only to other shipments where the character or condition of the property to be carried or the circumstances, terms and conditions under which the carriage is to be performed are such as reasonably to justify a special agreement.
ARTICLE 6A
 1. A shipper of goods and the carrier of the goods may agree in writing, at or before the time the cargo is booked, that these Rules do not apply to the carriage of the goods if:
     (a) the goods must be carried on deck; and
     (b) the character or condition of the goods reasonably justifies a special agreement regarding the carriage of the goods on deck.
 2. In paragraph 1, goods:
     (a) does not include containerised goods (that is, goods that are carried in or on cellular equipment that is capable, after the goods are loaded into or onto it, of being carried in the standard cell guides of a cellular container ship, whether or not the equipment in or on which the goods are loaded is carried within