In this chapter, the term “carrier” means the owner, manager, charterer, agent, or master of a vessel.
(Pub. L. 109–304, §6(c), Oct. 6, 2006, 120 Stat. 1516.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 30701 | (no source). |
This chapter codifies the Act of February 13, 1893 (ch. 105, 27 Stat. 445) (commonly known as the Harter Act). Changes are made to simplify, clarify, and modernize the language and style, but the intent is that these changes should not result in changes in substance.
A definition of “carrier” is added based on language appearing in various provisions of the Harter Act. The definition avoids the need to repeat in various sections of this chapter the list of persons to whom the requirements and restrictions of this chapter apply, and it ensures that the list of persons is consistent in the chapter.
Act Apr. 16, 1936, ch. 229, 49 Stat. 1207, as amended by Pub. L. 97–31, §12(146), Aug. 6, 1981, 95 Stat. 166, provided:
“That every bill of lading or similar document of title which is evidence of a contract for the carriage of goods by sea to or from ports of the United States, in foreign trade, shall have effect subject to the provisions of this Act.
“(a) The term ‘carrier’ includes the owner or the charterer who enters into a contract of carriage with a shipper.
“(b) The term ‘contract of carriage’ applies only to contracts of carriage covered by a bill of lading or any similar document of title, insofar as such document relates to the carriage of goods by sea, including any bill of lading or any similar document as aforesaid issued under or pursuant to a charter party from the moment at which such bill of lading or similar document of title regulates the relations between a carrier and a holder of the same.
“(c) The term ‘goods’ includes goods, wares, merchandise, and articles of every kind whatsoever, except live animals and cargo which by the contract of carriage is stated as being carried on deck and is so carried.
“(d) The term ‘ship’ means any vessel used for the carriage of goods by sea.
“(e) The term ‘carriage of goods’ covers the period from the time when the goods are loaded on to the time when they are discharged from the ship.
“(a) Make the ship seaworthy;
“(b) Properly man, equip, and supply the ship;
“(c) Make the holds, refrigerating and cooling chambers, and all other parts of the ship in which goods are carried, fit and safe for their reception, carriage, and preservation.
“(2) The carrier shall properly and carefully load, handle, stow, carry, keep, care for, and discharge the goods carried.
“(3) After receiving the goods into his charge the carrier, or the master or agent of the carrier, shall, on demand of the shipper, issue to the shipper a bill of lading showing among other things—
“(a) The leading marks necessary for identification of the goods as the same are furnished in writing by the shipper before the loading of such goods starts, provided such marks are stamped or otherwise shown clearly upon the goods if uncovered, or on the cases or coverings in which such goods are contained, in such a manner as should ordinarily remain legible until the end of the voyage.
“(b) Either the number of packages or pieces, or the quantity or weight, as the case may be, as furnished in writing by the shipper.
“(c) The apparent order and condition of the goods: Provided, That no carrier, master, or agent of the carrier, shall be bound to state or show in the bill of lading any marks, number, quantity, or weight which he has reasonable ground for suspecting not accurately to represent the goods actually received, or which he has had no reasonable means of checking.
“(4) Such a bill of lading shall be prima facie evidence of the receipt by the carrier of the goods as therein described in accordance with paragraphs (3)(a), (b), and (c), of this section: Provided, That nothing in this Act shall be construed as repealing or limiting the application of any part of the Act, as amended, entitled ‘An Act relating to bills of lading in interstate and foreign commerce’, approved August 29, 1916 (U.S.C., title 49, secs. 81–124), commonly known as the ‘Pomerene Bills of Lading Act’ [now chapter 801 of Title 49, Transportation].
“(5) The shipper shall be deemed to have guaranteed to the carrier the accuracy at the time of shipment of the marks, number, quantity, and weight, as furnished by him; and the shipper shall indemnify the carrier against all loss, damages, and expenses arising or resulting from inaccuracies in such particulars. The right of the carrier to such indemnity shall in no way limit his responsibility and liability under the contract of carriage to any person other than the shipper.
“(6) Unless notice of loss or damage and the general nature of such loss or damage be given in writing to the carrier or his agent at the port of discharge before or at the time of the removal of the goods into the custody of the person entitled to delivery thereof under the contract of carriage, such removal shall be prima facie evidence of the delivery by the carrier of the goods as described in the bill of lading. If the loss or damage is not apparent, the notice must be given within three days of the delivery.
“Said notice of loss or damage may be endorsed upon the receipt for the goods given by the person taking delivery thereof.
“The notice in writing need not be given if the state of the goods has at the time of their receipt been the subject of joint survey or inspection.
“In any event the carrier and the ship shall be discharged from all liability in respect of loss or damage unless suit is brought within one year after delivery of the goods or the date when the goods should have been delivered: Provided, That if a notice of loss or damage, either apparent or concealed, is not given as provided for in this section, that fact shall not affect or prejudice the right of the shipper to bring suit within one year after the delivery of the goods or the date when the goods should have been delivered.
“In the case of any actual or apprehended loss or damage the carrier and the receiver shall give all reasonable facilities to each other for inspecting and tallying the goods.
“(7) After the goods are loaded the bill of lading to be issued by the carrier, master, or agent of the carrier to the shipper shall, if the shipper so demands, be a ‘shipped’ bill of lading: Provided, That if the shipper shall have previously taken up any document of title to such goods, he shall surrender the same as against the issue of the ‘shipped’ bill of lading, but at the option of the carrier such document of title may be noted at the port of shipment by the carrier, master, or agent with the name or names of the ship or ships upon which the goods have been shipped and the date or dates of shipment, and when so noted the same shall for the purpose of this section be deemed to constitute a ‘shipped’ bill of lading.
“(8) Any clause, covenant, or agreement in a contract of carriage relieving the carrier or the ship from liability for loss or damage to or in connection with the goods, arising from negligence, fault, or failure in the duties and obligations provided in this section, or lessening such liability otherwise than as provided in this Act, shall be null and void and of no effect. A benefit of insurance in favor of the carrier, or similar clause, shall be deemed to be a clause relieving the carrier from liability.
“(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 lockouts or stoppage or restraint of labor from whatever cause, whether partial or general: Provided, That nothing herein contained shall be construed to relieve a carrier from responsibility for the carrier's own acts;
“(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; and
“(q) Any other cause arising without the actual fault and privity of the carrier and 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 Act or of the contract of carriage, and the carrier shall not be liable for any loss or damage resulting therefrom: Provided, however, That if the deviation is for the purpose of loading or unloading cargo or passengers it shall, prima facie, be regarded as unreasonable.
“(5) Neither the carrier nor the ship shall in any event be or become liable for any loss or damage to or in connection with the transportation of goods in an amount exceeding $500 per package lawful money of the United States, or in case of goods not shipped in packages, per customary freight unit, or the equivalent of that sum in other currency, unless the nature and value of such goods have been declared by the shipper before shipment and inserted in the bill of lading. This declaration, if embodied in the bill of lading, shall be prima facie evidence, but shall not be conclusive on the carrier.
“By agreement between the carrier, master, or agent of the carrier, and the shipper another maximum amount than that mentioned in this paragraph may be fixed: Provided, That such maximum shall not be less than the figure above named. In no event shall the carrier be liable for more than the amount of damage actually sustained.
“Neither the carrier nor the ship shall be responsible in any event for loss or damage to or in connection with the transportation of the goods if the nature or value thereof has been knowingly and fraudulently misstated by the shipper in the bill of lading.
“(6) Goods of an inflammable, explosive, or dangerous nature to the shipment whereof the carrier, master or agent of the carrier, has not consented with knowledge of their nature and character, may at any time before discharge be landed at any place or destroyed or rendered innocuous by the carrier without compensation, and the shipper of such goods shall be liable for all damages and expenses directly or indirectly arising out of or resulting from such shipment. If any such goods shipped with such knowledge and consent shall become a danger to 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.
“The provisions of this Act shall not be applicable to charter parties; but if bills of lading are issued in the case of a ship under a charter party, they shall comply with the terms of this Act. Nothing in this Act shall be held to prevent the insertion in a bill of lading of any lawful provision regarding general average.
“Any agreement so entered into shall have full legal effect: Provided, That this section 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.
“[As to proviso in second sentence that Philippine Legislature may by law exclude its application to transportation to or from ports of the Philippine Islands, see Proc. No. 2695, set out under section 1394 of Title 22, Foreign Relations and Intercourse, which proclaimed the independence of the Philippines.]
“Any contract for the carriage of goods by sea, subject to the provisions of this Act, effective during any period when title I hereof, or any part thereof, are suspended, shall be subject to all provisions of law now or hereafter applicable to that part of title I which may have thus been suspended. [As amended Pub. L. 97–31, §12(146), Aug. 6, 1981, 95 Stat. 166.]
(a)
(b)
(Pub. L. 109–304, §6(c), Oct. 6, 2006, 120 Stat. 1516.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 30702(a) | (no source). | |
| 30702(b) | 46 App.:195. | Feb. 13, 1893, ch. 105, §7, 27 Stat. 446. |
Subsection (a) is added based on language appearing in various source provisions restated in this chapter. The word “carriage” is substituted for “transporting”, and the word “goods” is substituted for “merchandise or property”, to use the same terminology as in the Carriage of Goods By Sea Act (Apr. 16, 1936, ch. 229, 49 Stat. 1207). The words “to or from any port in the United States” are substituted for “from or between ports of the United States and foreign ports” in 46 App. U.S.C. 190 and 193, “from or between ports of the United States of America and foreign ports” in 46 App. U.S.C. 191, and “to or from any port in the United States of America” in 46 App. U.S.C. 192, for clarity and consistency. See Knott v. Botany Mills, 179 U.S. 69 (1900).
(a)
(b)
(1) the marks necessary to identify the goods;
(2) the number of packages, or the quantity or weight, and whether it is carrier's or shipper's weight; and
(3) the apparent condition of the goods.
(c)
(Pub. L. 109–304, §6(c), Oct. 6, 2006, 120 Stat. 1516.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 30703 | 46 App.:193. | Feb. 13, 1893, ch. 105, §4, 27 Stat. 445. |
In subsection (a), the words “On demand of a shipper” are added because of the reference to a demand in 46 App. U.S.C. 194. The words “transporting merchandise or property from or between ports of the United States and foreign ports” are omitted because of section 30702(a) of the revised title. The word “lawful” (which modifies “merchandise”) is omitted as unnecessary.
In subsection (b)(2), the words “or weight” are added for consistency with the requirement to state whether it is the carrier's or shipper's weight.
In subsection (b)(3), the word “order” is omitted as redundant to “condition”. The words “delivered to and received by . . . for transportation” are omitted as unnecessary.
A carrier may not insert in a bill of lading or shipping document a provision avoiding its liability for loss or damage arising from negligence or fault in loading, stowage, custody, care, or proper delivery. Any such provision is void.
(Pub. L. 109–304, §6(c), Oct. 6, 2006, 120 Stat. 1516.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 30704 | 46 App.:190. | Feb. 13, 1893, ch. 105, §1, 27 Stat. 445. |
The words “transporting merchandise or property from or between ports of the United States and foreign ports” are omitted because of section 30702(a) of the revised title. The words “may not” are substituted for “It shall not be lawful . . . to”, and the word “provision” is substituted for “clause, covenant, or agreement”, to eliminate unnecessary words. The words “any and all lawful” and “committed to its or their charge” are omitted as unnecessary. The words “Any such provision is void” are substituted for “Any and all words or clauses of such import inserted in bills of lading or shipping receipts shall be null and void and of no effect” to eliminate unnecessary words.
(a)
(1) make the vessel seaworthy; and
(2) properly man, equip, and supply the vessel.
(b)
(Pub. L. 109–304, §6(c), Oct. 6, 2006, 120 Stat. 1516.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 30705 | 46 App.:191. | Feb. 13, 1893, ch. 105, §2, 27 Stat. 445. |
In subsection (a), before paragraph (1), the words “transporting merchandise or property from or between ports of the United States of America and foreign ports” are omitted because of section 30702(a) of the revised title. The words “may not” are substituted for “It shall not be lawful . . . to”, the word “provision” is substituted for “covenant or agreement”, and the words “lessening or avoiding its obligation” are substituted for “whereby the obligations . . . shall in any wise be lessened, weakened, or avoided”, to eliminate unnecessary words.
In paragraph (1), the words “and capable of performing her intended voyage” are omitted as unnecessary.
In paragraph (2), the word “supply” is substituted for “provision, and outfit” to eliminate unnecessary words.
The words “or whereby the obligations of the master, officers, agents, or servants to carefully handle and stow her cargo and to care for and properly deliver same” are omitted as covered by section 30704 of the revised title.
Subsection (b) is added for clarity and for consistency with section 30704 of the revised title.
(a)
(b)
(1) dangers of the sea or other navigable waters;
(2) acts of God;
(3) public enemies;
(4) seizure under legal process;
(5) inherent defect, quality, or vice of the goods;
(6) insufficiency of package;
(7) act or omission of the shipper or owner of the goods or their agent; or
(8) saving or attempting to save life or property at sea, including a deviation in rendering such a service.
(Pub. L. 109–304, §6(c), Oct. 6, 2006, 120 Stat. 1517.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 30706 | 46 App.:192. | Feb. 13, 1893, ch. 105, §3, 27 Stat. 445. |
This section is restated as two subsections to clarify that the exercise of due diligence in making the vessel seaworthy is a condition only to the defense of error in navigation or management restated in subsection (a). See May v. Hamburg-Amerikanische Packetfahrt Aktiengesellschaft (The Isis), 290 U.S. 333, 353 (1933). The words “transporting merchandise or property to or from any port in the United States of America” are omitted because of section 30702(a) of the revised title.
(a)
(b)
(c)
(Pub. L. 109–304, §6(c), Oct. 6, 2006, 120 Stat. 1517.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 30707 | 46 App.:194. | Feb. 13, 1893, ch. 105, §5, 27 Stat. 446. |
In subsection (a), the words “and who refuses to issue on demand the bill of lading herein provided for” are omitted as unnecessary. The words “shall be fined under title 18” are substituted for “shall be liable to a fine not exceeding $2,000” because of chapter 227 of title 18.
In subsection (b), the words “A civil action in rem to enforce the lien may be brought in the district court of the United States for any district in which the vessel is found” are substituted for “such vessel may be libeled therefor in any district court of the United States” for clarity and to modernize the language.