Colombian Commercial Code - Decree 410 of 1971 - Book Five - Navigation - Part One - From the Navigation Aquatics - Title IX - Maritime Transport - Chapter III - Find Sea Transport - Section II - Goods Low Knowledge - From: Art 1634 By: Art: 1651
Section II
Transportation of goods under knowledge
Section 1634 .- For goods shall, for purposes of this Section, goods, wares and articles of any kind, except live animals and cargo which, under the contract of carriage, declared on deck and be effectively transported as well.
Section 1635 .- Received the goods, the carrier shall, on request of the shipper to deliver a bill of lading duly signed by the carrier or its agent, or the captain of the ship.
Section 1636 .- Knowledge may be nominated to the order or to bearer.
Section 1637 .- The bill of lading shall state:
Section 1635 .- Received the goods, the carrier shall, on request of the shipper to deliver a bill of lading duly signed by the carrier or its agent, or the captain of the ship.
Section 1636 .- Knowledge may be nominated to the order or to bearer.
Section 1637 .- The bill of lading shall state:
1. The name, registration and tonnage of the ship;
2. The name and address of the owner;
3. The port and date of loading and destination;
4. The name of the shipper;
5. The recipient or consignee of the goods and address, If knowledge is nominative, or a statement that it issued the order or bearer.
6. The value of freight;
7. The leading marks necessary for identification of the thing, as has indicated in writing the charger before starting the shipment, provided that the said marks are printed or clearly placed in any other way about the thing not packed, or boxes or packages containing it, so that normally remain legible until the end of the journey;
8. The number, quantity or weight, if any, of packages or pieces, according to the instructions of the shipper;
9. The apparent order and condition of the goods, and
10. Place and date of issue knowledge.
Section 1638 .- Knowledge is issued, at least in duplicate, one of these, signed by the carrier, will be negotiable and will be delivered to the charger. The other copy, signed by the shipper or his representative, shall be retained by the carrier or his representative. This issue is not negotiable and so is indicated therein.
Section 1639 .- The goods will be shipped on the knowledge at the request of the shipper, a seal, stamp or proof to say on board, against return of any document that the magazine is received prior to and in respect of whom such things.
Section 1640 .- When the sender has been given prior to shipment, a receipt for the goods, such receipt will be changed after shipment, at the request of the shipper, the relevant knowledge. The carrier or master may decline to provide the knowledge until it is returned the said bill. But if the shipper so demands, the carrier or the master will receive the notation "shipped", the name or names of the ships in which things are loaded and the date of shipment. If that document meets all the requirements of knowledge, be considered as equivalent to it with perseverance "shipped".
Collecting the first document submitted to the charger the requirements in Article 1637, will be optional conveyor or the master put on at the port of shipment, the above specifications and are thus fulfilled its obligation to deliver the knowledge.
Section 1641 .- If knowledge is not listed the date of receipt of the goods, shall be deemed as such shipment.
If knowledge is not listed the date of loading, it is presumed that this is the issue of the document.
Section 1642 .- The fork in the original form of legal knowledge will be entitled to delivery of the goods transported. However, the carrier or the master may accept "consignment" partial, subscribed by such holder. Such orders shall be binding as between the holder of the order and the carrier or master, if they have signed their acceptance to the back. And the relationship between the computer and the carrier or master, will also be mandatory when they are beholden to one to accept or fulfill them. But in both cases, the conveyor as the captain will be entitled to having previously negotiated this original knowledge to score the respective delivery.
Knowledge can only be negotiated by the remainder, net of partial orders it recorded delivery.
The carrier and the master shall be entitled to the knowledge-holder will return the negotiable copy, duly canceled once goods, been withdrawn.
Section 1643 .- The carrier shall be liable for any loss or damage to goods under the value that the shipper has declared per package or unit, provided that the statement be placed on the bill of lading and has not been made in the same timely book by carrier, its agent or master of the ship. But if the carrier proves that the goods were worth less than the declared value is limited to that responsibility.
Section 1644 .- When the statement inserted in the knowledge has not determined the charger the value of the goods but its nature, and the carrier, its agent or master of the ship have not made a timely reservation on that statement, follows the conveyor compensation to the price of such goods at the port of embarkation. But in this case may agree a cap on liability.
If the loss is due to willful misconduct or gross negligence of the carrier or master, the responsibility will be for the real value of the thing, without limitation.
In addition, for the purposes of this article and the previous one, the carrier shall indemnify the shipper other expenses incurred by it by reason of transport.
Section 1645 .- All provisions of the parties and the legitimate modification of legal standards should be stated in the bill of lading.
Section 1646 .- The responsibility of shipping, when issuing a unique knowledge or direct, shall be governed by Articles 986 and 987.
Unique or not issued direct knowledge, the carrier may be exempted by express agreement, the responsibility for the time before boarding or after disembarking from the thing.
But if you will be responsible for testing any guilt in the occurrence of damage.
Section 1647 .- In case of discrepancies between the various copies of the knowledge, the party submitting a copy to the other have signed or written recognition shall be exempt from testing their accuracy, and the obligations contained therein by the subscriber will be taken as true, corresponding alleging that the alteration of consciousness or the falsity of their content, demonstrate the fact.
Other things being equal, the judge will agree with the other evidence before it.
Section 1648 .- In case of divergence between a bill of lading and charterparty, it will prevail.
Section 1649 .- May be clarified that knowledge is also subject to the laws after the date of issue.
Section 1650 .- Transport knowledge under the rules of Section I of this Chapter, as it does not conflict with those contained in this special section.
Section 1651 .- The provisions of this Section shall apply to the charterparty. However, if in the case of carriage governed by charterparty knowledge are issued, they shall be subject to the foregoing provisions.
Section 1639 .- The goods will be shipped on the knowledge at the request of the shipper, a seal, stamp or proof to say on board, against return of any document that the magazine is received prior to and in respect of whom such things.
Section 1640 .- When the sender has been given prior to shipment, a receipt for the goods, such receipt will be changed after shipment, at the request of the shipper, the relevant knowledge. The carrier or master may decline to provide the knowledge until it is returned the said bill. But if the shipper so demands, the carrier or the master will receive the notation "shipped", the name or names of the ships in which things are loaded and the date of shipment. If that document meets all the requirements of knowledge, be considered as equivalent to it with perseverance "shipped".
Collecting the first document submitted to the charger the requirements in Article 1637, will be optional conveyor or the master put on at the port of shipment, the above specifications and are thus fulfilled its obligation to deliver the knowledge.
Section 1641 .- If knowledge is not listed the date of receipt of the goods, shall be deemed as such shipment.
If knowledge is not listed the date of loading, it is presumed that this is the issue of the document.
Section 1642 .- The fork in the original form of legal knowledge will be entitled to delivery of the goods transported. However, the carrier or the master may accept "consignment" partial, subscribed by such holder. Such orders shall be binding as between the holder of the order and the carrier or master, if they have signed their acceptance to the back. And the relationship between the computer and the carrier or master, will also be mandatory when they are beholden to one to accept or fulfill them. But in both cases, the conveyor as the captain will be entitled to having previously negotiated this original knowledge to score the respective delivery.
Knowledge can only be negotiated by the remainder, net of partial orders it recorded delivery.
The carrier and the master shall be entitled to the knowledge-holder will return the negotiable copy, duly canceled once goods, been withdrawn.
Section 1643 .- The carrier shall be liable for any loss or damage to goods under the value that the shipper has declared per package or unit, provided that the statement be placed on the bill of lading and has not been made in the same timely book by carrier, its agent or master of the ship. But if the carrier proves that the goods were worth less than the declared value is limited to that responsibility.
Section 1644 .- When the statement inserted in the knowledge has not determined the charger the value of the goods but its nature, and the carrier, its agent or master of the ship have not made a timely reservation on that statement, follows the conveyor compensation to the price of such goods at the port of embarkation. But in this case may agree a cap on liability.
If the loss is due to willful misconduct or gross negligence of the carrier or master, the responsibility will be for the real value of the thing, without limitation.
In addition, for the purposes of this article and the previous one, the carrier shall indemnify the shipper other expenses incurred by it by reason of transport.
Section 1645 .- All provisions of the parties and the legitimate modification of legal standards should be stated in the bill of lading.
Section 1646 .- The responsibility of shipping, when issuing a unique knowledge or direct, shall be governed by Articles 986 and 987.
Unique or not issued direct knowledge, the carrier may be exempted by express agreement, the responsibility for the time before boarding or after disembarking from the thing.
But if you will be responsible for testing any guilt in the occurrence of damage.
Section 1647 .- In case of discrepancies between the various copies of the knowledge, the party submitting a copy to the other have signed or written recognition shall be exempt from testing their accuracy, and the obligations contained therein by the subscriber will be taken as true, corresponding alleging that the alteration of consciousness or the falsity of their content, demonstrate the fact.
Other things being equal, the judge will agree with the other evidence before it.
Section 1648 .- In case of divergence between a bill of lading and charterparty, it will prevail.
Section 1649 .- May be clarified that knowledge is also subject to the laws after the date of issue.
Section 1650 .- Transport knowledge under the rules of Section I of this Chapter, as it does not conflict with those contained in this special section.
Section 1651 .- The provisions of this Section shall apply to the charterparty. However, if in the case of carriage governed by charterparty knowledge are issued, they shall be subject to the foregoing provisions.
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