R.H.A. Publishes "Conditions of Carriage"
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WE have received from the Road Haulage Association its VV policy booklet, No. 4, entitled " Conditions of Carriage." In the introductory matter the classification of carriers into the special and common categories is dealt with. It is pointed out that the liabilities of the two classes of carrier differ widely, in that a private or special carrier is liable for loss or damage of goods arising from his negligence, unless liability is excluded by contract. The common carrier is liable for loss or damage unless arising from (1) an act of God, (2) the King's enemies, (3) inherent fault or natural deterioration of the goods, and (4) the at or omission of the consigner, and/or consignee.
In other words, a common carrier is an insurer of the goods he carries. Who is and who is not a common carrier is a question of fact, and in the event of a dispute only a Court decision would apply. In any event, all carriers are responsible for negligence on their part, or the part of their servants, unless they make a contract excluding this liability. The main purpose of the booklet is to point out the –imperative need for all carriers, special or common, to be adequately protected by conditions of carriage.
A paragraph in the introduction states that it is desirable that conditions of carriage should be standardized throughout the industry. lt may be expected that, eventually, conditions will be made statutory and road and rail conditions correlated. The Association's members are, in the meantime, advised to adopt the conditions set OBI in the booklet, pend
ing legislation. They are also advised to contact their insurers and have policies based on these conditions. The following is a summary of the conditions of carriage.
Liabilities of the Carrier (I) The carrier shall, subject to the conditions, be liable for loss, misdelivery or damage, unless arising from (a) the perishable or fragile nature of goods, (h) leakage or spilling, (c) vermin, damp, rust, etc., (d) mechanical derangement, (e) damage to statuary, (f) casualty (including explosion), (g) act of God, (h) act of war or King's enemies, (i) arrest or restraint of Princes or Rulers or seizure under legal process, (j) Government orders, etc., (k) act or omission of the trader or agent, (1) natural deterioration, latent defect, inherent defect, wastage, etc. Liability is not incurred where there has been any misdeclaration or fraud on the trader's part. (2) Under certain conditions the carrier may sell the goods and discharge himself from all liability in respect of the merchandize or the carriage or delivery thereof. These con-. ditions are:—(a) Where merchandize other than perishable is held "to be kept" and the appropriate order is not given, or the merchandize is not removed within a reasonable time; (b) where it is of a type for which the carrier cannot provide accommodation at destination; (c) is unclaimed and unidentifiable; (d) is refused by the consignee or not delivered because the consignee is not known. Sale of the goods is subject to certain conditions stated in the appropriate paragraph.
(3) The carrier shall not, in any case, be liable for loss of a particular market, indirect or consequential damages or loss or damage caused by, or arising from, bad packing, riots, omission, strikes, etc., or consignee not taking delivery within a reasonable time.
(4) The carrier shall not be liable for detention of goods or toss or damage arising therefrom, except upon proof that such was caused solely by the negligence of the carrier or his servants.
(5) In the conditions applying to perishable merchandize; it is stated where this is (a) refused by the consignee, (b) not taken away from the destination within a reasonable time. (c) not addressed or labelled appropriately, (d) not delivered in consequence of riots, civil commotions, strikes, etc., (e) not delivered in consequence of damage to rail or road caused by flood or landslide, the merchandize May be sold by the carrier so as to provide for his discharge from liability in respect of such goods or their carriage or delivery. Such sales, as before, are subject to sub-conditions.
Uniformity of Conditions[ (6) In respect of goods consigned to pieces beyond his usual radius, the responsibility of the carrier will cease when such goods are held available at his depot or elsewhere for handing to another carrier for ultimate delivery. Any payment received for the conveyance of goods beyond these limits, whether as a special sum or part of a through rate, shall be received only for the convenience of the consignee and for the purpose of payment to the secondary carrier.
(7) All goods are carried subject to the conditions, regulations and restrictions of other carriers by road, rail, air, and/or water, through whose hands they may pass and the consigner shall be deemed to agree to such conditions.
(8) Where appropriate, the rules contained in the Schedule (except for articles 2 and 3) of the Carriage of Goods by Sea Act, 1924, as supplemented or modified by these conditions, shall apply.
(9) When collection or delivery takes place at the trader's premises, the usual place of loading or unloading shall he used. The carrier shall not be obliged to provide any plant, power or labour which may be required for loading or unloading in addition to his carman.
(10) The haulier shall not be responsible for loss or, damage due to stowage or unstowage; overloading or unsafe loading, where such is carried out by the consigner or consignee or agent.
(10) Goods requiring special appliances can be accepted only on condition that the sender has made certain that facilities are available for unloading. If the carrier has to provide such facilities, arrangements are made and terms agreed previously.
(11) The carrier shall not, when collecting or delivering goods at the premises of the consigner or consignee, be liable for damage to private roadways, drains, weighbridges, bridges, approaches, etc., caused by the weight of the vehicle and the load.
The Association wishes to make it clear that the " specie! contract" referred to in Section 6 of the Carriers Act, 1830, is governed by the ordinary law of contract. It may be a verbal or written contract, but it is always better to have a written contract.