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Under the Hague Rules the shipper bears the cost of lost/damaged goods if they cannot prove that the vessel was unseaworthy, improperly manned or unable to safely transport and preserve the cargo, i.e. the carrier can avoid liability for risks resulting from human errors provided they exercise due diligence and their vessel is properly manned ...
A suit will lie against the seller if the seller has insufficient title, [7] or the goods are not of satisfactory quality, [8] or do not comply with sample [9] or description. [10] A suit will lie against the shipper if the goods are damaged through insufficient packing, [11] [12] or if any loss is suffered through insufficient labelling. [13 ...
The Rotterdam Rules will enter into effect a year after 20 countries have ratified that treaty. [11] As of 9 August 2011, there were 24 signatories to the treaty. [11] The most recent country to sign the treaty was Sweden, which signed on 20 July 2011. [11] Spain was the first country to ratify the convention in January 2011. [12]
1884, the Shipping Act of 1884, which limited an individual owner's liability to the owner's share of debts and liabilities, later codified as 46 U.S.C. Appendix Ch.8 §§189 [6] 1886, which modified Rev. Stat. §4289 to clarify which vessels are covered [7] 1893, the Harter Act, which was later codified as 46 U.S.C. Appendix Ch.8 §§190–196 [8]
The Convention on Limitation of Liability for Maritime Claims is an IMO treaty that was concluded in London in November 1976. It entered into force in 1986, and superseded the 1957 Brussels Convention of the same name. As of October 2016, 54 states are party to the convention. [1]
Within five years after entry into force of the Hamburg Rules, ratifying states must denounce earlier conventions, specifically the Hague and Hague-Visby Rules. A long-standing aim has been to have a uniform set of rules to govern carriage of goods, but there are now five different sets: Hague, Hague-Visby, Hague-Visby/SDR, Hamburg and Rotterdam.
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Incoterms define the responsibilities of exporters and importers in the arrangement of shipments and the transfer of liability involved at various stages of the transaction. They are widely used in international commercial transactions or procurement processes and their use is encouraged by trade councils, courts and international lawyers. [2]