Document ID: chunk:federal_register_of_legislation:F2015C00644:reg:7:p10
Version: federal_register_of_legislation:F2015C00644
Segment Type: reg
Provision Reference: reg 7 (pt 10/16)
Character Range: 25410–27943

the ship or cargo, they may in like manner be landed at any place, or destroyed or rendered innocuous by the carrier without liability on the part of the carrier except to general average, if any.

Article 4A
 1. Despite Article 4, a carrier is liable to a shipper for loss (including but not limited to, pure economic loss, loss of markets or deterioration) caused to the shipper by the shipper's goods being delayed while the carrier is in charge of the goods unless the carrier establishes, on the balance of probabilities, that:
 (a) the delay was excusable; and
 (b) the carrier (or, if at the time of the delay, the goods were under the control of servants or agents of the carrier, those servants or agents) took all measures that were reasonably required to avoid the delay and its consequences.
    [NOTE: For the meaning of "in charge of the goods", see paragraph 2 of Article 1.]
 2. For this Article, goods have been delayed if they are not delivered at the port of discharge specified in the relevant contract for carriage of goods:
 (a) within the time allowed in the contract for that purpose; or
 (b) if the contract does not specify a time for that purpose—within a reasonable time for delivery, at that port, of similar goods carried by a diligent carrier (having regard to any particular circumstances of the case and the intentions of the shipper and the carrier).
    [NOTE: For the meaning of "delivered", see paragraph 1A of Article 1.]
 3. For paragraph 1 (a) of this Article, a delay is excusable only if:
 (a) it is caused by a deviation authorised by the shipper, or by a term in the contract of carriage; or
 (b) it is caused by circumstances beyond the reasonable control of the carrier or its servants or agents; or
 (c) it is reasonably necessary to comply with an express or implied warranty; or
 (d) it is reasonably necessary for the safety of the ship or its cargo; or
 (e) it is for the purposes of saving human life or aiding a ship in distress; or
 (f) it is reasonably necessary for the purpose of obtaining medical or surgical aid for a person on board; or
 (g) it is caused by barratrous conduct of the master or crew; or
 (h) paragraph 4 of this Article applies.
 4. For paragraph 1 (a) of this Article, a delay caused by industrial action is excusable if the industrial action was 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