Document ID: chunk:federal_register_of_legislation:C2017C00280:schedule:1:p4
Version: federal_register_of_legislation:C2017C00280
Segment Type: schedule
Provision Reference: sch 1 (pt 4/9)
Character Range: 21258–23896

unless caused by want of due diligence on the part of the carrier to make the ship seaworthy, and to secure that the ship is properly manned, equipped and supplied, and to make the holds, refrigerating and cool chambers and all other parts of the ship in which goods are carried fit and safe for their reception, carriage and preservation in accordance with the provisions of paragraph 1 of Article 3. Whenever loss or damage has resulted from unseaworthiness the burden of proving the exercise of due diligence shall be on the carrier or other person claiming exemption under this article.
2. Neither the carrier nor the ship shall be responsible for loss or damage arising or resulting from—
     (a) Act, neglect or default of the master, mariner, pilot, or the servants of the carrier in the navigation or in the management of the ship.
     (b) Fire, unless caused by the actual fault or privity of the carrier.
     (c) Perils, dangers and accidents of the sea or other navigable waters.
     (d) Act of God.
     (e) Act of war.
     (f) Act of public enemies.
     (g) Arrest or restraint of princes, rulers or people, or seizure under legal process.
     (h) Quarantine restrictions.
     (i) Act or omission of the shipper or owner of the goods, his agent or representative.
     (j) Strikes or lock‑outs or stoppage or restraint of labour from whatever cause, whether partial or general.
     (k) Riots and civil commotions.
     (l) Saving or attempting to save life or property at sea.
     (m) Wastage in bulk or weight or any other loss or damage arising from inherent defect, quality or vice of the goods.
     (n) Insufficiency of packing.
     (o) Insufficiency or inadequacy of marks.
     (p) Latent defects not discoverable by due diligence.
     (q) Any other cause arising without the actual fault or privity of the carrier, or without the fault or neglect of the agents or servants of the carrier, but the burden of proof shall be on the person claiming the benefit of this exception to show that neither the actual fault or privity of the carrier nor the fault or neglect of the agents or servants of the carrier contributed to the loss or damage.
3. The shipper shall not be responsible for loss or damage sustained by the carrier or the ship arising or resulting from any cause without the act, fault or neglect of the shipper, his agents or his servants.
4. Any deviation in saving or attempting to save life or property at sea or any reasonable deviation shall not be deemed to be an infringement or breach of this convention or of the contract of carriage, and the carrier shall not be liable for any loss or