DECK CARGO. Carrier has the right to carry the goods in any container under deck or on deck. Carrier is not required to note "on deck stowage" on the face of this Bill of Lading and goods so carried shall constitute under deck stowage for all purposes including General Average. Except as otherwise provided by any law applicable to this contract, if this Bill of Lading states that the cargo is stowed on deck, then Carrier shall not be liable for any non‐delivery, misdelivery, delay or loss to goods carried on deck, whether or not caused by Xxxxxxx's negligence or the ship's unseaworthiness.
DECK CARGO. Goods (not being Goods stored in containers other than flat or pallets) which are stated herein to be carried on deck care carried out responsibility on the art of the Carrier fore loss or damage whatsoever nature arising during carriage by sea whether caused by sea- unworthiness or negligence or any other cause whatsoever
DECK CARGO. 13.1 Unless it is specifically stipulated that the Goods will be carried under deck on the front of this bill of lading, the Goods (whether containerized or not) may be stowed on or under deck without notice to the Merchant and any deck stowage shall not be a deviation of whatsoever nature or degree.
13.2 If carried on deck, the Carrier shall not be required to note, mark or stamp on the bill of lading any statement of such on deck carriage. Such Goods whether carried on deck or under deck shall participate in General Average and, subject to Clause 13.3, such Goods shall be deemed to be within the definition of Goods for the purposes of the Hague Rules or any legislation making such rules, COGSA or the Hague-Visby Rules compulsorily applicable to this bill of lading.
13.3 Goods which are stated on the front of this bill of lading to be carried on deck, and which are actually carried on deck, are carried without responsibility on the part of the Carrier for loss or damage of whatsoever nature arising during Carriage by sea or inland waterway whether caused by unseaworthiness or negligence or any other cause whatsoever.
DECK CARGO. If the subject matter covered is shipped on deck of vessels other than in general purpose I.S.O fully enclosed containers it is covered according to the conditions stated in the statement of cover but excluding loss, damage or expense caused by or arising from rust, oxidisation, discolouration, fresh water or sea water unless as a result of a peril covered by the Institute Cargo Clauses (B) with sub clause 1.2.3 deleted.
DECK CARGO. 1. The carrier is entitled to carry the goods on deck only if such carriage is in accordance with an agreement with the shipper or with the usage of the particular trade or is required by statutory rules or regulations.
2. If the carrier and the shipper have agreed that the goods shall or may be carried on deck, the carrier must insert in the xxxx of lading or other document evidencing the contract of carriage by sea a statement to that effect. In the absence of such statement the carrier has the burden of proving that an agreement for carriage on deck has been entered into; however, the carrier is not entitled to invoke such an agreement against a third party, including a consignee, who has acquired the xxxx of lading in good faith.
3. Where the goods have been carried on deck contrary to the provisions of paragraph 1 of this Article or where the carrier may not under paragraph 2 of this Article invoke an agreement for carriage on deck, the carrier, notwithstanding the provisions of paragraph 1 of Article 5, is liable for loss of or damage to the goods, as well as for delay in delivery, resulting solely from the carriage on deck, and the extent of his liability is to be determined in accordance with the provisions of Article 6 or Article 8 of this Convention, as the case may be.
4. Carriage of goods on deck contrary to express agreement for carriage under deck is deemed to be an act or omission of the carrier within the meaning of Article 8.
DECK CARGO. Carrier has the right to carry the goods in any container under deck or on deck. Carrier is not required to note "on deck stowage" on the face of this Bill of Lading and goods so carried shall constitute under deck stowage for all purposes including General Average. Except as otherwise provided by any law applicable to this contract, if this Bill of Lading states that the cargo is stowed on deck, then Carrier shall not be liable ĨŽƌ ĂŶLJ ŶŽŶͲĚĞůŝǀĞoƌssLJto͕go odŵs cŝarƐrieĚd Ğonůdeŝckǀ, wĞhƌethLJer͕or nĚotĞcaůusĂedLJby Žƌ ů Carrier's negligence or the ship's unseaworthiness.
DECK CARGO. Deck cargo (except that carried in Containers on deck) and live animals are received and carried solely at Merchant's risk (including accident or mortality of animals), and the Carrier will not in any event be liable for any loss or damage for or from which he is exempt, immune or exonerated by applicable law, or from any other cause whatsoever not due to the fault of the Carrier, any warranty of seaworthiness in the premises being hereby waived, and the burden of proving liability being in all respects upon the Merchant. Except as may be otherwise provided, such shipments shall be deemed Goods and shall be subject to all Terms and Conditions of this Bill of Lading.
DECK CARGO. Deck cargo (except that carried in Containers on deck) and live animals are received and carried solely at Merchant’s risk (including accident or mortality of animals), and the Carrier will not in any event be liable for any loss or damage for or from which he is exempt, immune or exonerated by applicable law, or from any other cause whatsoever not due to the fault of the Carrier, any warranty of seaworthiness in the premises being hereby waived. Except as may be otherwise provided, such shipments shall be deemed Goods and shall be subject to all Terms and Conditions of this Sea-Waybill.
DECK CARGO. The Charterers are authorized to carry on deck at their own risk and expense, other than uncontainerised cargo, so long as the Vessel’s stability/construction/seaworthiness allows, which is determined at Master’s direction. All extra fittings required shall be supplied by the Charterers at their own expense. All bills of lading covering uncontainerised deck cargo other than containers shall be marked “shipped on deck at Charterers’ risk and without liability to owners for loss of or damage to cargo and/or vessel howsoever caused”. Furthermore, Charterers shall remain responsible for all damages caused to the Vessel and/or her fittings and will repair such damages immediately upon the Master’s request.
DECK CARGO. The goods may be stowed and carried on or under deck. Notwithstanding anything herein or in the Marine Liability Act or the Carriage of Goods by Sea Act, of the United States of America, goods which are stated herein as being carried on deck and are so carried, and live animals and plants are received, kept, carried and discharged at the sole risk of the Merchant, and the Carrier shall not, under any circumstances of any kind whatsoever, be liable for any loss, damage or delay or detention to live animals or plants or to goods being carried on deck and stated in this Bill of Lading to be so carried, howsoever and wheresoever such loss, detention or damage occurs, even though such loss, detention, or damage be caused by the act, omission, negligence or default of the Carrier, or by the unseaworthiness or unfitness of the ship at the time of loading or sailing, or at any other time.
