Толкование коносаментов в международной торговле: учебное пособие для студентов бакалавриата, магистратуры и специалитета - [22]

13. в этом случае предел заменяется суммой объявленной стоимости

14. положения нельзя отменить частным договором в ущерб интересам истца

15. если признана ответственность Перевозчика за задержку, косвенный убыток или ущерб, за исключением утраты или повреждения груза…

2. Translate these phrases into Russian quickly.

1. The Merchant undertakes to indemnify the Carrier against all consequences thereof (claims).

2. the loss or damage resulted from a personal act or omission of the Carrier

3. done recklessly or with knowledge that damage would probably result

4. The Carrier shall not be entitled to the benefit of the limitation of liability

5. this Bill of Lading provides for the defences and limits of liability

6. whether the action can be founded in contract or in tort

7. the handing over of the goods is prima facie evidence of the delivery

8. notice of loss of or damage to the goods specifies the general nature of such loss or damage

9. liability is limited to the freight or to the value of the goods, whichever is the lesser

10. to determine the liability in respect of carriage by inland waterways as if such carriage were carriage by sea.

3. Match the words in column A with those in column B.

4. Fill the gaps with prepositions.

1. The Carrier shall be relieved … liability … any loss or damage which resulted … compliance … the instructions of the person entitled to give them.

2. The Carrier shall be responsible … the acts and omissions of any person … whose services he makes use … the performance of this contract evidenced … this Bill of Lading.

3. … in the case of the goods which, … their nature, are liable … wastage.

4. Where … clause 9 the Carrier is not … any liability … respect … the factors causing the loss or damage.

5. The burden of proving that the loss or damage was due … one or more of the causes or events shall rest … the Carrier.

6. The defences and limits of liability provided … in this Bill of Lading shall apply … any action … the Carrier … loss … or damage … the goods.

7. The Merchant undertakes that no claim shall be made… any servant, agent of the Carrier and if any claim should be made, to indemnify the Carrier… all consequences…

8.. the Carrier’s consent, the value of the goods has been stated… the face of this Bill of Lading… the place indicated.

9. In that case the amount of the declared value shall be substituted… that limit.

5. Translate into English.

Unit 4. Description of Goods

A. Read the English texts and translate them.

4.1 Carrier’s Responsibility

The information in this Bill of Lading shall be prima facie evidence of the taking in charge by the Carrier of the goods as described by such information unless a contrary indication, such as “shipper’s weight, load and count”, “Shipper-packed container” or similar expressions, have been made in the printed text or superimposed on the Bill of Lading.

Proof to the contrary shall not be admissible when the Bill of Lading has been transferred, or the equivalent electronic data interchange message has been transmitted to and acknowledged by the Consignee who in good faith has relied and acted hereon.

4.2 Shipper’s Responsibility

The Shipper shall be deemed to have guaranteed to the Carrier the accuracy, at the time the goods were taken in charge by the Carrier, of the description of the goods, marks, number, quantity and weight, as furnished by him, and the Shipper shall defend, indemnify and hold harmless the Carrier against all loss, damage and expenses arising or resulting from inaccuracies in or inadequacy of such particulars. The right of the Carrier to such indemnity shall in no way limit his responsibility and liability under this Bill of Lading to any person other than the Shipper. The Shipper shall remain liable even if the Bill of Lading has been transferred by him.

4.3 Shipper-packed Containers, etc.

4.3.1 The Merchant shall cover any loss or expense incurred by the Carrier, if such loss, damage or expense has been caused by:

(a) negligent filling, packing or stowing of the container;

(b) the contents being unsuitable for carriage in container; or

(c) the unsuitability or defective condition of the container unless the container has been supplied by the Carrier and the unsuitability or defective condition would not have been apparent upon reasonable inspection at or prior to the time when the container was filled, packed or stowed.

4.3.2 The provisions of sub-clause (1) of this Clause also apply with respect to trailers, transportable tanks, flats and pallets which have not been filled, packed or stowed by the Carrier.

4.4 Dangerous Goods

4.4.1 The Merchant shall comply with all internationally recognized requirements and rules which apply according to national law or by reason of International Convention, relating to the carriage of goods of a dangerous nature, and shall in any event inform the Carrier in writing of the exact nature of the danger before goods of a dangerous nature are taken into charge by the Carrier and indicate to him, if need be, the precautions to be taken.