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United Nations Convention on the Carriage of Goods by Sea (The Hamburg Rules) Hamburg, 30 March 1978
United Nations (UN)
copy @ Lex Mercatoria
1. (a) The liability of the carrier for loss resulting from loss of or damage to goods according to the provisions ofArticle 5 is limited to an amount equivalent to 835 units of account per package or other shipping unit or 2.5 units of account per kilogram of gross weight of the goods lost or damaged, whichever is the higher.
(b) The liability of the carrier for delay in delivery according to the provisions ofArticle 5 is limited to an amount equivalent to two and a half times the freight payable for the goods delayed, but no exceeding the total freight payable under the contract of carriage of goods by sea.
(c) In no case shall the aggregate liability of the carrier, under both subparagraphs (a) and (b) of this paragraph, exceed the limitation which would be established under subparagraph (a) of this paragraph for total loss of the goods with respect to which such liability was incurred.
2. For the purpose of calculating which amount is the higher in accordance with paragraph 1 (a) of thisArticle, the following rules apply:
(a) Where a container, pallet or similarArticle of transport is used to consolidate goods, the package or other shipping units enumerated in the bill of lading, if issued, or otherwise in any other document evidencing the contract of carriage by sea, as packed in suchArticle of transport are deemed packages or shipping units. Except as aforesaid the goods in suchArticle of transport are deemed one shipping unit.
(b) In cases where theArticle of transport itself has been lost or damaged, thatArticle of transport, if not owned or otherwise supplied by the carrier, is considered one separate shipping unit.
3. Unit of account means the unit of account mentioned inArticle 26.
4. By agreement between the carrier and the shipper, limits of liability exceeding those provided for in paragraph 1 may be fixed.
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