3 курс «Технология транспортных процессов»

There may be a number of reasons during the course of a voyage whereby the cargo on board a particular vessel cannot be delivered at the destination and has to be returned back to Shipper in respect of which the Shipowner is fully entitled to charge back freight for the return carriage of those goods.

The Carrier is responsible for the goods until they are delivered to the Consignee. That is, under the Bill of Lading the Carrier’s liability shall commence when the goods have been loaded over the ship’s rails at the port of shipment and cease before the goods have passed the ship’s rails on discharging at the port of destination.

If some damage to or loss of goods occurs within that period the Carrier is to pay money for this. Delay in delivery is to be paid by the Carrier too.

But there are some cases when the Carrier is not guilty of such damage or loss. For example, the Carrier is relieved of liability for loss or damage resulted from neglect or default of the Master or ship’s crew, wrongful act or neglect of the Merchant, defective condition of the packing unless such packing is effected by the Carrier, inherent vice of the goods, insufficiency or inadequacy of marks or numbers etc. Damage or loss may result from force majeure, accidents at sea or fire on board. They may also arise from the arrest of the ship, from quarantine, from war. All of these causes discharge the Carrier from responsibility for any damage to or loss of the goods.

The burden of proving that the loss or damage was due to causes mentioned above rests upon the Carrier.

The Carrier shall have the option to detain the goods until freight is paid. This option is called Carrier’s lien. He may exercise a lien on the goods for the contributions in respect to the General Average.