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PART III - TEXTS 817Draft International Convention, as amended by the CMIthe burden of proof shall be on the person claiming the benefit of this exception toshow that neither the actual fault or privity of the carrier nor the fault or neglect of theagents OR servants or employees of the carrier contributed to the loss or damage.3. The shipper to the same extent as the carrier shall not be responsible for lossor damage sustained by the carrier or the ship arising or resulting from any of the causeparticularised in the above section 2 under the headings (b), (c), (d), (e), (f), (g), (h),(j), (k), (p) and (q), WITHOUT THE ACT, FAULT OR NEGLECT OF THE SHIPPER, HIS AGENTSOR HIS SERVANTS.4. Any deviation in saving or attempting to save life or property at sea, or anyreasonable deviation authorised by the contract of carriage (provided that such deviationshall be reasonable having regard to the service in which the ship is engaged)shall not be deemed to be an infringement or breach of these Rules this Conventionor of the contract of carriage, and the carrier shall not be liable for any loss or damageresulting therefrom.5. Neither the carrier nor the ship shall be responsible in any event be or becomeliable for any loss or damage to or in connection with goods in an amount beyond £100per package or unit, or the equivalent of that sum in other currency unless the natureand value of such goods have been declared by the shipper before the goods areshipped and have been inserted in the bill of lading.The This declaration by the shipper if embodied in the bill of lading as to the natureand value of any goods declared shall be prima facie evidence, but shall not bebinding or conclusive on the carrier.By agreement between the carrier, master or agent of the carrier and the shipperanother maximum amount than mentioned in this paragraph may be fixed, providedthat such maximum shall not be less than the figures above named.The rate of exchange shall be taken to be the rate ruling on the day of the arrivalof the ship at the port of discharge of the goods concerned.6. Neither the carrier nor the ship shall be responsible in any event for loss ordamage to or in connection with, goods if the nature or value thereof AS SHOWN IN THEBILL OF LADING has been wilfully misstated by the shipper in the bill of lading.7. Goods of an inflammable or explosive nature or of a dangerous nature, thenature and character whereof are unknown to the carrier before shipment and to theshipment whereof the carrier, master or agent of the carrier has not consented WITHKNOWLEDGE OF THEIR NATURE AND CHARACTER may at any time before delivery DIS-CHARGE be LANDED AT ANY PLACE, OR destroyed or rendered innocuous by the carrierwithout compensation to the shipper, and the shipper of such goods shall be liable forall damages and expenses directly or indirectly arising out of or resulting from suchshipment. If any such goods shipped with such knowledge and consent shall becomea danger to the ship or cargo, they may in like manner be LANDED AT ANY PLACE, ORdestroyed or rendered innocuous by the carrier without liability on the part of the carrierexcept to general average if any.Article V.A carrier shall be at liberty to surrender in whole or in part all or any of his rightsand immunities under these Rules this Convention, provided such surrender shall beembodied in the bill of lading issued to the shipper. The provisions of this Conventionshall not be applicable to charter parties, but if bills of lading are issued in thecase of a ship under a charter party they shall comply with the terms of this Convention.NOTHING IN these Rules this Convention SHALL be held to PREVENT the insertionin a bill of lading of any lawful provision regarding general average or control themaking of any charter party or the issuing of bills of lading thereunder, but no provisionin such bills of lading shall violate the terms of these Rules..