12/83

Bill of lading exceptions clauses relieve carrier of liability for cargo damage

The vessel was chartered under the NYPE form to carry a cargo of five sealed containers each containing bags of white beans from a port in South America to a port in England. The containers were loaded on deck and the bill of lading was endorsed “Shipped on deck at shippers’ risk”. Each container weighed about 20 tons. The ship’s gear was incapable of discharging containers of this weight, and whilst the ship was at the discharging port no suitable shore equipment was available. Accordingly the containers were opened and the bags palletised. On the way to and in the receivers’ warehouse, some of the bags became damaged. The owners of the cargo commenced proceedings against the shipowners. Their claim was ultimately settled for £2,250. In the present arbitration, the shipowners sought an indemnity from the charterers for that amount.