Cogsa: Title II (Sec. 9-16)

COGSA
Title II ( Sec. 9-16)

• Sec. 9. Nothing contained in this Act shall be construed as permitting a
common carrier by water to discriminate between competing shippers similarly
placed in time and circumstances, either (a) with respect to their right to
demand and receive bills of lading subject to the provisions of this Act; or (b)
when issuing such bills of lading either in the surrender of any of the carrier’s
rights and immunities or in the increase of any of the carrier’s responsibilities
and liabilities pursuant to Section 5, Title I, of this Act; (c) in any other way
prohibited by the Shipping Act, 1916, as amended.
• Sec. 11. When under the custom of any trade the weight of any bulk cargo
inserted in the bill of lading is a weight ascertained or accepted by a third party
other than the carrier or the shipper and the fact that the weight as ascertained
or accepted is stated in the bill of lading, then notwithstanding anything in this
Act, the bill of lading shall not be deemed to be prima facie evidence against
the carrier of the receipt of goods of the weight so inserted in the bills of
lading, and the accuracy thereof at the time of shipment shall not be deemed to
have been guaranteed by the shipper.
• Sec. 13. This Act shall apply to all contracts for carriage of goods by seas to or from ports of the
United States in foreign trade. As used in this Act the term “United States” includes its districts,
territories, and possessions: Provided, however, that the Philippine Legislature may by law exclude its
application to transportation to or from ports of the Philippine Islands. The term “foreign trade” means
the transportation of goods between the ports of the United States and ports of foreign countries.
Nothing in this Act shall be held to apply to contracts for carriage of goods by sea between any port of
the United States or its possessions and any other port of the United States or its possessions:
Provided, however, that any bill of lading or similar document of the title which is evidence of a
contract for the carriage of goods by sea between such ports, containing an express statement that it
shall be subject to the provisions of this Act; shall be subjected hereto as fully as if subject hereto by
the express provisions of this Act: Provided, further, that every bill of lading or similar document of
title which is evidence of a contract for the carriage of goods by sea from ports of the United States in
foreign trade, shall contain a statement that it shall have effect subject to the provisions of this Act.
• Sec. 14. Upon the certification of the Secretary of Commerce that the foreign
commerce of the United States in its competition with that of foreign nations is
prejudiced by the provisions, or any of them, of the Title I of this Act, or by the laws of
any foreign country or countries relating to the carriage of goods by sea, the President of
the United States may, from time to time by proclamation, suspend any or all provisions
of Title I of this Act for such periods of time or indefinitely as may be designated in the
proclamation. The President may at any time rescind such suspension of Title I hereof,
and any provisions thereof which may have been suspended shall thereby be reinstated
and again apply to contracts thereafter made for carriage of goods by sea. Any
proclamation of suspension or rescission of any such suspension shall take effect on the
date named therein, which date shall be not less than ten days from the issue of the
proclamation.
• Any contract for the carriage of goods by sea, subject to the provisions of this
Act, effective during any period when Title I hereof, or any part thereof, is
suspended, shall be subject to all provisions of law now or hereafter applicable
to that part of Title I which may have thus been suspended.
Sec. 15. This Act shall take effect ninety days after the date of its approval; but
nothing in this Act shall apply during a period not to exceed one year following
its approval to any contract for the carriage of goods by sea, made before the date
on which this Act is approved nor to any bill of lading or similar document of title
issued, whether before or after such date of approval in pursuance of any such
contract as aforesaid. Chanrobles virtual law library
• Sec. 16. This Act may be cited as the “Carriage of Goods by Sea Act.”

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Title II ( Sec. 9-16)

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