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Under Section 39 of the Marine Insurance Act 1906, in a voyage policy there is an implied warranty that the vessel is "reasonably seaworthy in all respects": S. 39 (1) In a voyage policy there is an implied warranty that at the commencement of the voyage the ship shall be seaworthy for the purpose of the particular adventure insured.
Vacuum packing is a method of packaging that removes air from the package prior to sealing. This method involves placing items in a plastic film package, removing air from inside and sealing the package. [ 1 ]
Also, whereas the Hague–Visby Rules require a ship to be seaworthy only "before and at the beginning" of the voyage, under the Rotterdam Rules the carrier will have to keep the ship seaworthy throughout the voyage (although this new duty will be to a reasonable standard that is subject to the circumstances of being at sea).
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] [14] [15] A suit will lie against the carrier if the damage occurred aboard ship. [16] The carrier's P&I Club cover will normally bear the cost.
The package testing is based on the packing group (hazard level) of the contents, the quantity of material, and the type of container. The UN recommendations are implemented by regulatory bodies in each country: Transport Canada, United States Department of Transportation, [3] etc. Some carriers have additional requirements.
The "Rotterdam Rules" (formally, the United Nations Convention on Contracts for the International Carriage of Goods Wholly or Partly by Sea) is a treaty proposing new international rules to revise the legal framework for maritime affreightment and carriage of goods by sea.
Failure to do so is known as non-disclosure or concealment (there are minor differences in the two terms) and renders the insurance voidable by the insurer.:§33(3): If [a warranty] be not [exactly] complied with, then, subject to any express provision in the policy, the insurer is discharged from liability as from the date of the breach of ...
Class 6 Packing Groups and Hazard Zones The packing group of Division 6.1 materials shall be as assigned in Column 5 of the 49CFR 172.101 Table. When the 49CFR 172.101 Table provides more than one packing group or hazard zone for a hazardous material, the packing group and hazard zone shall be determined by applying the following criteria: 1.