the travaux préparatoires hague rules hague-visby rules - Comite ...

264 COMITE MARITIME INTERNATIONALThe Travaux Préparatoires of the Hague and Hague-Visby RulesLord Phillimore: I notice one thing. It is not description of marks. The descriptionis only one of the matters, “description, marks, number, quantity and weight”; so thatwe do not want “inaccuracies in such description”. I am afraid we either want to say“inaccuracies in such description, marks, number, quantity and weight”, or we wantsome general words which will cover them. “Description” is not a general word; it hasbecome a particular word.Mr. Paine: “In the foregoing particulars”.Lord Phillimore: That would do - “or resulting from inaccuracies in the foregoingparticulars” - some words like those we want.The Chairman: Would it be “foregoing particulars” or “such particulars”?Lord Phillimore: “Such particulars”.The Chairman: “Such particulars” I think would be right. Lord Phillimore agrees.It is mere drafting. Then I will read the clause as it would stand amended. “The shippershall be deemed to have guaranteed to the carrier the accuracy of the description,marks, number, quantity and weight as furnished by him, and the shipper shall indemnifythe carrier against all loss, damages and expenses arising or resulting from inaccuraciesin such particulars”.Is it agreed that clause 5 stand part of the draft? (Agreed).Text adopted by the Conference[258]5. The shipper shall be deemed to have guaranteed to the carrier the accuracy of thedescription, marks, number, quantity and weight as furnished by him, and the shippershall indemnify the carrier against all loss, damages and expenses arising or resultingfrom inaccuracies IN SUCH PARTICULARS.CMI 1922 London ConferenceText submitted to the Conference(CMI Bulletin No. 65 - Gothenborg Conference)[364]5. The shipper shall be deemed to have guaranteed to the carrier the accuracy AT THETIME OF SHIPMENT of the description, marks, number, quantity and weight as furnishedby him, and the shipper shall indemnify the carrier against all loss, damages and expensesarising or resulting from inaccuracies in such particulars. THE RIGHT OF THE CARRIERTO SUCH INDEMNITY SHALL IN NO WAY LIMIT HIS [365] RESPONSIBILITY AND LIABILITY UN-DER THE CONTRACT OF CARRIAGE TO ANY PERSON OTHER THAN THE SHIPPER.Morning sitting of 10 October 1922[361]Mr. Möller: I understand Sir Norman Hill to answer in regard to another questionthat the Captain certainly has to sign the bill of lading for weight, but it was only theweight that the charterer gave him, and the charterer had to guarantee it. Article 3(5),does not say that the charterer guarantees that; it says that the shipper be deemed tohave guaranteed it.Sir Norman Hill: I should have said “shipper”.Mr. Möller: That is not satisfactory because he may be in the South Sea Islands.