美国1946年度海上货物运输法.docVIP

The Carriage of Goods by Sea Act (COGSA) 46 United States Code Ё 1300-1315 ?1301 Defenitions. When used in this chapter -- (a) The term carrier includes the owner or the charterer who enters into a contract of carriage with a shipper. (b) The term contract of carriage applies only to contracts of carriage covered by a bill of lading or any similar document of title, insofar as such document relates to the carriage of goods by sea, including any bill of lading or any similar document as aforesaid issued under or pursuant to a charter party from the moment at which such bill of lading or similar document of title regulates the relations between a carrier and a holder of the same. (c) The term goods includes goods, wares, merchandise, and articles of every kind whatsoever, except live animals and cargo which by the contract of carriage is stated as being carried on deck and is so carried. (d) The term ship means any vessel used for the carriage goods by sea. (e) The term carriage of goods covers the period from the time when the goods are loaded on to the time when they are discharged from the ship. ?1302 Duties and rights of carrier. Subject to the provisions of section 1306 of this title, under every contract of carriage of goods by sea, the carrier in relation to the loading, handling, stowage, carriage, custody, care, and discharge of such goods, shall be subject to the responsibilities and liabilities and entitled to the rights and immunities set forth in sections 1303 and 1304 of this title. ?1303 Responsibilities of carrier and ship. [1] Seaworthiness. The carrier shall be bound, before and at the beginning of the voyage, to exercise due diligence to : (a) Make the ship seaworthy; (b) Properly man, equip, and supply the ship; (c) Make the holds, refrigerating and cooling chambers, and all other parts of the ship in which goods are carried, fit and safe for their reception, carriage, and preservation. [2}Cargo. The carrier shall properly and carefully load, handl