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 I - Transportation of Things in General - From: Art 1597 By: Art: 1633
CHAPTER III
Transportation of things by sea
Section I
Transportation of things in general
Section 1597 .- The contract of carriage of goods shall be for a full or part load, or things unique, and run on particular craft or indeterminate.
Section 1598 .- Transportation may expressly conditioned to the fact that the carrier was able to complete the loading of the ship.
In this case, the condition shall be satisfied if the carrier has obtained the three-quarters of the load corresponding to the capacity of the ship.
Section 1599 .- In the absence of express stipulation of the parties, the sender agrees to put the thing in the
respective dock or warehouse, with the usual anticipation or convenient for loading.
Section 1600 .- The carrier shall be obliged:
Section 1598 .- Transportation may expressly conditioned to the fact that the carrier was able to complete the loading of the ship.
In this case, the condition shall be satisfied if the carrier has obtained the three-quarters of the load corresponding to the capacity of the ship.
Section 1599 .- In the absence of express stipulation of the parties, the sender agrees to put the thing in the
respective dock or warehouse, with the usual anticipation or convenient for loading.
Section 1600 .- The carrier shall be obliged:
1. Clean and put in proper condition to receive cargo, the holds, refrigerating and cooling chambers and other parts of the ship when things are loaded;
2. Proceed at the stipulated time or the usual and appropriately and carefully, loading, stowage, storage, transport, care and discharge of the transported goods, and
3. Delivered to the sender, after receiving on board things, a document or receipt signed by the carrier or its agent at the port of loading, or the captain of the ship, which bears evidence of having been loaded with such things, the specifications that address the ordinal 2nd. to 7th. the following article.
Section 1601 .- The carrier which has received a thing to be loaded on board a document issued to the sender containing:
1. The indication of the place and date of receipt, can the specification "received for shipment";
2. The port and date of loading, the ship's name and place of destination;
3. The recipient's name and address;
4. Freight value;
5. The main brands that identify the item, or boxes or packages containing it. If that is not packaged, the mention of whether those marks are printed or made clear in any other way on this thing;
6. The number of packages or pieces, quantity or weight, as appropriate, and
7. The apparent order and condition of the thing, or the box or packaging that contain it.
Section 1602 .- Once onboard the carrier put things in the document received for shipment, the score board, unless the sender has delivered the document referred to in Article 1640.
Section 1603 .- The document referred to in Articles 1601 and 1602, signed by the carrier or his agent and will test the same transport contract and that the carrier received the thing in the form, amount, status and conditions described therein.
Section 1604 .- If the document referred to in the Section 1601 does not appear proving the date of receipt of the items delivered for shipment, receipt shall be deemed the date of issuance.
Section 1605 .- The liability of the carrier include, in addition to their personal facts, those of its agents or subsidiaries in the exercise of their functions.
Section 1606 .- The liability of the carrier starts from when you receive things or takes care of them and ends with delivery to the consignee at the agreed place, or delivery order that the stevedoring company or person who is to download them, or customs port.
From the moment of completion of liability of the carrier begins the stevedoring company or person making the discharge or the customs office which received such things.
When things are received or delivered under the rig, the liability of the carrier is launched from the ship's crane or boom takes to load the thing until it is unloaded at the wharf of destination, unless you need to be downloaded to another vessel or floating craft, in which case the liability of the carrier will cease since things exceed the ship's rail, from this moment begins the responsibility of the owner of another vessel or owner or operator of the device, if any.
Section 1607 .- If the departure of the ship shall become impossible due to force majeure, the contract will be terminated. And if it suffers from the same cause excessive delay, either party can cancel the contract.
If the termination sobreviniere after shipment, the shipper shall bear the costs of unloading.
Section 1608 .- If the departure of the ship or the continuation of the journey was temporarily suspended for reasons not attributable to the carrier, the contract shall remain in effect.
The sender may, if it provides sufficient security, download things at their own expense for the duration of the impediment, the obligation to reload or repair the damage.
Section 1609 .- The carrier shall be relieved of liability for loss or damage arising from:
Section 1603 .- The document referred to in Articles 1601 and 1602, signed by the carrier or his agent and will test the same transport contract and that the carrier received the thing in the form, amount, status and conditions described therein.
Section 1604 .- If the document referred to in the Section 1601 does not appear proving the date of receipt of the items delivered for shipment, receipt shall be deemed the date of issuance.
Section 1605 .- The liability of the carrier include, in addition to their personal facts, those of its agents or subsidiaries in the exercise of their functions.
Section 1606 .- The liability of the carrier starts from when you receive things or takes care of them and ends with delivery to the consignee at the agreed place, or delivery order that the stevedoring company or person who is to download them, or customs port.
From the moment of completion of liability of the carrier begins the stevedoring company or person making the discharge or the customs office which received such things.
When things are received or delivered under the rig, the liability of the carrier is launched from the ship's crane or boom takes to load the thing until it is unloaded at the wharf of destination, unless you need to be downloaded to another vessel or floating craft, in which case the liability of the carrier will cease since things exceed the ship's rail, from this moment begins the responsibility of the owner of another vessel or owner or operator of the device, if any.
Section 1607 .- If the departure of the ship shall become impossible due to force majeure, the contract will be terminated. And if it suffers from the same cause excessive delay, either party can cancel the contract.
If the termination sobreviniere after shipment, the shipper shall bear the costs of unloading.
Section 1608 .- If the departure of the ship or the continuation of the journey was temporarily suspended for reasons not attributable to the carrier, the contract shall remain in effect.
The sender may, if it provides sufficient security, download things at their own expense for the duration of the impediment, the obligation to reload or repair the damage.
Section 1609 .- The carrier shall be relieved of liability for loss or damage arising from:
1. Nautical blame the captain, the pilot or the staff assigned by the carrier to navigation. This exception shall not when the damage comes from a guilt-profit, but in this case the carrier is only liable up of the benefit received;
2. Fire, unless it is proved guilty of the carrier;
3. Danger, damage or accident at sea or other navigable waters;
4. Of force majeure, acts of war or public enemies, arrest or seizure by government or authorities, riots or civil unrest, saving or attempting to save life or property at sea;
5. Quarantine restrictions, strikes, "lock-outs," stoppages or restraints imposed wholly or partially to work for any reason whatsoever;
6. Decrease in volume or weight, and any other loss or damage resulting from the special nature of the thing, or vice of this or any latent defect in the ship to escape to a reasonable diligence and
7. Packing insufficient or deficiency or inadequacy of marks.
Paragraph .- These exceptions will not be coming when tested earlier fault of the carrier or its agent, or for the damage is attributable to the maritime carrier or his representative.
Section 1610 .- Reasonable route changes, such as is made to save lives or property at sea, or to attempt their rescue, do not constitute violations of the obligations of the carrier, who shall not be liable for any damages arising therefrom.
Section 1611 .- The things of nature flammable, explosive or hazardous, which has not consented to the shipping carrier, its agent or master of maritime vessel, with knowledge of its nature and character, without compensation can be downloaded at any time and place, destroyed or rendered innocuous by the carrier or master. The sender is liable for damages and expenses directly or indirectly caused by shipping.
But if any of these things have been shipped with the consent of the carrier or master, can only be unloaded, destroyed or rendered harmless without liability of the carrier, whether this constitutes a danger to the integrity of the ship or the cargo Except in cases of general average, where appropriate decree it.
Section 1612 .- The carrier may freely waive all or part of the rights or exemptions, increased responsibilities and obligations that apply, provided that such waiver or increase is inserted into the document or knowledge delivered to the sender.
Section 1613 .- The assignment will be ineffective to the carrier the benefit of insurance effected by the sender.
Section 1614 .- The provisions of Article 992 shall not apply to live animals and things carried on deck, on which may be agreed an express exemption from liability of the carrier for damage that occurred on board, not attributable to fraud or negligence by one or the master or the reversal of the burden of proof.
It also may be agreed in relation to such things or animals, the assignment to the insurance carrier hired by the sender.
The clause "shipped on deck at shipper's risk" amount to an express provision of non-responsibility in the foregoing item.
Section 1615 .- The sender warrants to the carrier the accuracy of the marks, number, quantity, quality, condition and weight of the thing, the way that the sender declared at the time of delivery.
Section 1616 .- In the act of shipping things, and in any event before the departure of the ship, the shipper shall deliver the documents to the carrier and give the reports referred to in Article 1011.
Omitting the sender liable for damages arising from it for the carrier who is not obliged to verify the adequacy of the documents or the accuracy of the information contained in it.
Section 1617 .- Neither the carrier nor its agent nor the captain will be required to insert or mention in the document sender respective statements relating to marks, number, quantity, weight or condition of the thing received on board, when good reason to doubt its accuracy and have had no reasonable means to verify.
But credit must be given in the document of these reasons or for that inability.
Clauses or records that contrary to the provisions of this article shall be deemed not written.
Section 1618 .- In cases where the carrier can add reserves in the document delivered to the sender to prove the contract of carriage, such clauses or does not relieve the carrier to account for the weight, quantity, number, identity, nature, quality and state was the thing at the time of receiving the carrier or take it over, nor by differences in relation to the circumstances at the time of discharge. Neither the carrier be discharged such clauses to account for those circumstances when they are conspicuous, although the carrier or its agents did not know or did not say if any found.
Correspond to the sender the burden of proof.
Section 1619 .- When the sender has made knowingly inaccurate statement about the nature or value of the thing, the carrier shall be relieved of all responsibility.
The right that this article gives the carrier no way limit his responsibility and obligations under the contract of carriage for any other person other than the sender.
Section 1620 .- Before departure, the shipper may withdraw from the carrier paying half the agreed freight, the costs of loading and unloading and counter-stay.
Section 1621 .- The sender may withdraw during the journey the thing to pay all the freight and the carrier reimburse the extra costs incurred in the discharge.
The captain is not required to download when it involves excessive delay or change of itinerary, or calling at a port not covered through the contract or by custom.
If the withdrawal is because of the carrier, his agent or master, that carrier shall be responsible for costs and damages, unless he proves beyond its control.
Section 1622 .- if the sender delivers a quantity of freight less than that, he shall pay the full freight, less any expenses that the transporter has not saved by the charged, if they are included in the freight.
The master shall, unless good cause, to receive things differently does not replace the board, if the charger is required, but the freight on the things that belong to complete the charge to the sender to the crowd that he has paid or to be paid to the carrier.
The same rules apply to the case where the contract of carriage is prescribed by a trip round trip shipping and charger things on the return trip.
Section 1623 .- In general, the shipper is liable for any loss or damage to the carrier or the ship arising from his fault or that of their agents.
Section 1624 .- The master may, if not pay the freight, transported or retain the thing made to authorize the judge of the place to deposit it until it is covered freight and all other costs and damages occasioned by the delay of the ship. The recipient can obtain delivery of the thing in the manner provided in Article 1035.
But if a part of the thing sufficient to ensure payment of the amount due, the captain must be limited to this part of their action, and the judge at the request of the shipper or the consignee, order the delivery of the rest.
Section 1625 .- The captain can not get these things in the port of distress, but in the following cases:
Section 1610 .- Reasonable route changes, such as is made to save lives or property at sea, or to attempt their rescue, do not constitute violations of the obligations of the carrier, who shall not be liable for any damages arising therefrom.
Section 1611 .- The things of nature flammable, explosive or hazardous, which has not consented to the shipping carrier, its agent or master of maritime vessel, with knowledge of its nature and character, without compensation can be downloaded at any time and place, destroyed or rendered innocuous by the carrier or master. The sender is liable for damages and expenses directly or indirectly caused by shipping.
But if any of these things have been shipped with the consent of the carrier or master, can only be unloaded, destroyed or rendered harmless without liability of the carrier, whether this constitutes a danger to the integrity of the ship or the cargo Except in cases of general average, where appropriate decree it.
Section 1612 .- The carrier may freely waive all or part of the rights or exemptions, increased responsibilities and obligations that apply, provided that such waiver or increase is inserted into the document or knowledge delivered to the sender.
Section 1613 .- The assignment will be ineffective to the carrier the benefit of insurance effected by the sender.
Section 1614 .- The provisions of Article 992 shall not apply to live animals and things carried on deck, on which may be agreed an express exemption from liability of the carrier for damage that occurred on board, not attributable to fraud or negligence by one or the master or the reversal of the burden of proof.
It also may be agreed in relation to such things or animals, the assignment to the insurance carrier hired by the sender.
The clause "shipped on deck at shipper's risk" amount to an express provision of non-responsibility in the foregoing item.
Section 1615 .- The sender warrants to the carrier the accuracy of the marks, number, quantity, quality, condition and weight of the thing, the way that the sender declared at the time of delivery.
Section 1616 .- In the act of shipping things, and in any event before the departure of the ship, the shipper shall deliver the documents to the carrier and give the reports referred to in Article 1011.
Omitting the sender liable for damages arising from it for the carrier who is not obliged to verify the adequacy of the documents or the accuracy of the information contained in it.
Section 1617 .- Neither the carrier nor its agent nor the captain will be required to insert or mention in the document sender respective statements relating to marks, number, quantity, weight or condition of the thing received on board, when good reason to doubt its accuracy and have had no reasonable means to verify.
But credit must be given in the document of these reasons or for that inability.
Clauses or records that contrary to the provisions of this article shall be deemed not written.
Section 1618 .- In cases where the carrier can add reserves in the document delivered to the sender to prove the contract of carriage, such clauses or does not relieve the carrier to account for the weight, quantity, number, identity, nature, quality and state was the thing at the time of receiving the carrier or take it over, nor by differences in relation to the circumstances at the time of discharge. Neither the carrier be discharged such clauses to account for those circumstances when they are conspicuous, although the carrier or its agents did not know or did not say if any found.
Correspond to the sender the burden of proof.
Section 1619 .- When the sender has made knowingly inaccurate statement about the nature or value of the thing, the carrier shall be relieved of all responsibility.
The right that this article gives the carrier no way limit his responsibility and obligations under the contract of carriage for any other person other than the sender.
Section 1620 .- Before departure, the shipper may withdraw from the carrier paying half the agreed freight, the costs of loading and unloading and counter-stay.
Section 1621 .- The sender may withdraw during the journey the thing to pay all the freight and the carrier reimburse the extra costs incurred in the discharge.
The captain is not required to download when it involves excessive delay or change of itinerary, or calling at a port not covered through the contract or by custom.
If the withdrawal is because of the carrier, his agent or master, that carrier shall be responsible for costs and damages, unless he proves beyond its control.
Section 1622 .- if the sender delivers a quantity of freight less than that, he shall pay the full freight, less any expenses that the transporter has not saved by the charged, if they are included in the freight.
The master shall, unless good cause, to receive things differently does not replace the board, if the charger is required, but the freight on the things that belong to complete the charge to the sender to the crowd that he has paid or to be paid to the carrier.
The same rules apply to the case where the contract of carriage is prescribed by a trip round trip shipping and charger things on the return trip.
Section 1623 .- In general, the shipper is liable for any loss or damage to the carrier or the ship arising from his fault or that of their agents.
Section 1624 .- The master may, if not pay the freight, transported or retain the thing made to authorize the judge of the place to deposit it until it is covered freight and all other costs and damages occasioned by the delay of the ship. The recipient can obtain delivery of the thing in the manner provided in Article 1035.
But if a part of the thing sufficient to ensure payment of the amount due, the captain must be limited to this part of their action, and the judge at the request of the shipper or the consignee, order the delivery of the rest.
Section 1625 .- The captain can not get these things in the port of distress, but in the following cases:
1. If you require shippers to prevent damage of things;
2. If the download is necessary to repair the ship, and
3. If it is recognized that the cargo has suffered damage.
In the last two cases, the master will request the proper authorization of the harbor master and if the arrival of a foreigner, the Colombian Consul or, failing that, the competent authority in business matters.
Section 1626 .- Being noted that the cargo has suffered damage captain will protest required by Article 1501, 10th ordinal. And comply with the orders that the charger or their agents to communicate about things damaged.
Section 1627 .- Not finding the owner of the things damaged or person representing him, the captain will ask the designated authority in the final paragraph of Article 1625 the appointment of experts to that prior recognition of such things, information about the nature and extent of breakdown, repair or means of preventing its spread and convenience of reloading and driving to the port of destination.
In view of the expert report, the authority hearing the case will provide repair and reloading of things, or to remain on deposit, as appropriate to the interests of the shipper, and the captain on his own responsibility, what effect will decreed.
Section 1628 .- Ordering the repair and shipping, the captain used to cover the expenses on such operations demand, means that contracts rule 7a. Article 1501.
Section 1629 .- Ordered that the deposit, the master or agent shall be reported to the shipper or the recipient to agree on what best suits them.
But if the bad state of affairs offereth imminent danger of loss or gain of deterioration, the captain or the shipping agent, if any, shall be sold by previous permission of the harbormaster or the authority of the place, pay through him the expenses incurred and freight rates fell due to the ship, in proportion to the distance traveled, and deposited the rest to the order of interest, giving adequate notice.
Section 1630 .- Correspond to the master or ship's agent guarding the downloaded things, even when delivered, reloading, deposit or sell.
Without prejudice to the liability of the carrier's violation of this obligation to be responsible to the master or ship's agent for damages caused, except stating that they had to force majeure.
Section 1631 .- The carrier or master of the craft are not required to deliver the thing while the recipient is not issued with a receipt or proof of delivery subscribes to the issue of knowledge under the control of the master or the carrier.
Section 1632 .- The carrier to deliver the thing to the recipient without perceiving their own claims or the value of the turns made by reason of the thing, or without requiring the payment of the sums in question, be liable to the shipper than to be the recipient this and the charger can charge its own claims.
Section 1633 .- In case of loss or damage, actual or apprehended, the carrier and the receiver shall give each other all reasonable facilities to inspect the thing and check the number of packages or units.
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