Page:United States Statutes at Large Volume 49 Part 1.djvu/1256

 74TH C ONGRESS. SESS. II. CH. 229. APRIL 16, 1936. 12 11 (5) Neither the carrier nor the ship shall in any event be or Amount of carrier's become liable for any loss or damage to or in connection with the liability for loss. transportation of goods in an amount exceeding $500 per package lawful money of the United States, or in case of goods not shipped in packages, per c ustomar y freigh t unit, or the equival ent of t hat sum in other currency, unless the nature and value of such goods have been declared by the shipper before shipment and inserted in the bill of lading. This declaration, if embodied in the bill of lad ing, sha ll be p rima fa cie evid ence, b ut shall not be con cl usi ve on the carr ier. B agreement between the carrier, master, or agent of the carrier, ",Different maximum agree ment . and the shipp er another maximum amo unt than that mentione d in this paragraph may be fixed : Provided, That such maximum shall Precise. not be less than the figure above named . In no event shall the Lowest maximum . carrier be li able for more than the amount of damage actually sustained . Neither the carrier nor the ship shall be responsible in any event of . Misstatemnts ; effect for l oss or damage t o or in connect ion wit h the tr ansport ation of the goods if the nature or value thereof has been knowingly and fraudulently misstated by the shipper in the bill of lading . (6) Goods of an inflammable, explosive, or dangerous nature to goods. flammable, etc ., the shipmen t where of the carrier, master or agen t of th e carrie r, has not consented with knowledge of their nature and character, may at any time before discharge be landed at any place or destroyed tin`, et c. di spo or rendered innocuous by the carrier without compensation, and the shipper of such goods shall be liable for all damages and expenses directly or indirectly arising out of or resulting from such shipment. If any such goods shipped with such knowledge and consent shall become a danger to the ship or cargo, they may in like manner be landed at any place, or destroyed or rendered innocuous by the carrier without liability on the part of the carrier except to general average, if any. SURRENDER OF RIGHTS AnD IMMUNITIES AND INCREASE OF RESPONSI- BILITIES AND LIABILITIES SEC. 5 . A carrier shall be at liberty to surrender in whole or in part all or any of his rights and immunities or to increase any of his responsibilities and liabilities under this Act, provided such surrender or increase shall be embodied in the bill of lading issued to the shipper. The provisions of this Act shall not be applicable to charter parties ; but if bills of lading are issued in the case of a ship under a charter party, they shall comply with the terms of this Act. Nothing in this Act shall be held to prevent the insertion in a bill of lading of any lawful provision regarding general average. ,Surrender of rights, etc., and increase of responsibilities, etc. Act not app licable to charter parties. S PECIAL CON DITIONS Special con dition .. SEC. 6 . Notwithstanding the provisions of the preceding Secti on s, Agreements between carrierandshipper per- a carrier, master or agent of the carrier, and a shipper shall, in mitted . regard to any particular goods be at liberty to enter into any agree- men t in any terms as to the r esponsibility and liabili ty of the carrier for such goods, and as to the rights and immunities of the carrier in respect of such goods, or his obligation as to seaworthiness (so far as the stipulation regarding seaworthiness is not contrary to public policy), or the care or diligence of his servants or agents in regard to the loading, handling, stowage, carriage, custody, care, and dis- charge of the goods carried by sea : Provided, That in this case no Pr ovi so s bill of lading has been or shall be issued and that the terms agreed b died in nonegoti - sha ll be embodied in a re ceipt which shall be a nonnegotiable able receipt. document and shall be marked as such.