Western Australian Current Acts

SEA-CARRIAGE OF GOODS ACT 1909 - SECT 5

5 .         Certain clauses prohibited in bills of lading

                Where any bill of lading or document contains any clause, covenant, or agreement whereby —

            (a)         the owner, charterer, master, or agent of any ship, or the ship itself, is relieved from liability for loss or damage to goods arising from the harmful or improper condition of the ship’s hold, or any other part of the ship in which goods are carried, or arising from negligence, fault, or failure in the proper loading, stowage, custody, care, or delivery of goods received by them or any of them to be carried in or by the ship; or

            (b)         any obligations of the owner or charterer of any ship to exercise due diligence, and to properly man, equip, and supply the ship, to make and keep the ship seaworthy, and to make and keep the ship’s hold, refrigerating, and cool chambers, and all other parts of the ship in which goods are carried, fit and safe for their reception, carriage, and preservation, are in any wise lessened, weakened, or avoided; or

            (c)         the obligations of the master, officers, agents, or servants of any ship to carefully handle and stow goods, and to care for, preserve, and properly deliver them, are in any wise lessened, weakened, or avoided,

                that clause, covenant or agreement shall be illegal, null and void, and of no effect.