Insurance is the responsibility of the Shipper and consignees are recommended that their goods are insured at all times.

General
It is our policy to provide a quality, safe, environmentally responsible and efficient shipping service. We are committed to continuously improving our operations both ashore and afloat and believe that in order to provide our diverse client base with a quality service, we must continue to ensure all aspects of our operations are reliable and sustainable.

Birdon boasts an Internationally Certified Integrated Management System. The Birdon IMS is responsible for:

1. Ensuring that employees understand our commitment to these policies.
2. Setting appropriate objectives and monitoring our progress toward achieving our goals.
3.  Allocating sufficient resources.
4. Participating in government, industry and community forums and helping our employees to improve their understanding of the safety, quality, and environmental issues and risks associated with shipping.
5. Conducting regular reviews to assess the adequacy, effectiveness and suitability of our Integrated Management System, including our stated policies and associated objectives, and to ensure that these goals are met.

We welcome input from interested parties and all of our employees regarding ways to improve our performance through safety, quality and environmental initiatives.

Safety Policy
Operations are not performed effectively unless they are performed safely.

If an activity is unsafe, the activity is stopped, addressed immediately and appropriate action taken to eliminate the risk of harm to our employees, other persons participating in the activity, public and the environment.

To achieve effective and safe ship, wharf and shore operations, we maintain and follow documented procedures and, in particular, to:

1. Comply with all applicable laws and regulations.
2. Maintain the ship and all equipment in a safe operating condition, at a minimum, meeting all classification society and registry standards.
3. Organise and maintain shore-based management support in such a way to create trust and confidence at all levels and ensure that emergency situations are handled professionally.
4. Ensure that shipboard personnel maintain their skill and qualification levels at the standard required to meet this goal.
5. To ensure safety issues are addressed effectively, it is the duty of each Birdon employee to bring unsafe conditions immediately to the attention of his or her supervisor.

Quality Policy
We are dedicated to meeting or exceeding customer and agency expectations and to deliver a trusted product (s) and impeccable service. Effective management and a strong commitment from all of our employees to continually improve business processes will enable us to accomplish this goal.

Our quality policy objectives are to ensure that:

1. Customers receive their cargo; free of damage, where and when we have agreed to deliver it.
2. Customers are served by knowledgeable and responsive customer service staff;
3. Cargo is processed efficiently through our facilities;
4. Customers receive accurate and timely invoices;
5. Customers find it easy to do business with us; and
6. All of our transactions and interactions with clients are easily tracked and industry accountabilities continuously met.

Environment Policy
Birdon’s Shipping services rely heavily on the ongoing health and wellbeing of our unique and sensitive operating environments. Birdon is committed to managing environmental matters as an integral part of our day-to-day business operations and are also committed, at a minimum, to prevent pollution from spillage and discharge of oil, disposal of garbage or unacceptable exhaust emissions to the atmosphere caused by our activities.

We will ensure the environmental integrity of our ship and wharf operations, by adhering to the following principles:

• Compliance with all applicable laws and regulations regarding air, water and the environment in general;
• Actively maintain the condition of our environment, prevent pollution and reduce the amount of waste generated by our activities; and
• Minimize the risk to the environment in which we operate by employing reasonably available technology, adhering to operating procedures and being prepared for emergencies.

Our Shipping and Operations Managers have the responsibility to ensure safety on the wharf at all times. We seek the assistance of the public in noting and observing the following procedures.

• Read and comply with signs on the wharf. Please note public access to the wharf is not permitted during berthing, unberthing, cargo unloading or loading operations.
• Charter boat operators are requested not to berth until the ship is fast alongside the wharf.
• Charter boat operators must ensure the safety of their passengers according to instructions issued by the Lord Howe Island Board.
• Accommodation owners are requested to advise their guests to take care on unloading days, especially in the vicinity of the wharf.

The Lord Howe Island Board has strict quarantine measures in place for the protection of the Island’s sensitive environment.

All suppliers and importers are encouraged to familiarise themselves with the Lord Howe Island Board Quarantine Regulations. The links below are provided for your convenience.

• Lord Howe Island User Guide
• Lord Howe Island Biosecurity Strategy 2016
• LHI Weed Mgmt Strategy 2016
• LHI Rodent Eradication Plan October 2009

For more information please see the Lord Howe Island Board website.

We are bound by the Privacy Act 1988 (Cth) (Privacy Act) and the Australian Privacy Principles (APPs). This  policy explains how and why we collect, use, hold and disclose your personal information. 

“We”, “us” and “our” means Birdon Global Pty Ltd ABN 93 646 170 836 of 4 Glen Ewan Road, Port  Macquarie NSW Australia 2444. 

What is Personal Information? 

Personal information is any information or an opinion about an identified individual or an individual who can be  reasonably identified from the information or opinion. Information or an opinion may be personal information  regardless of whether it is true. 

Sensitive information is a subset of personal information that is given a higher level of protection under the  Privacy Act. We may collect ‘sensitive information’ in limited circumstances. 

What Personal Information Do We Collect and Hold? 

We collect information about you and your interactions with us, for example, when you purchase or use any of  our products or services, call us, or otherwise visit our website.  

We only collect personal information that is reasonably necessary for our business or marketing purposes. The  types of personal information we may collect include: 

(a) Your Identity 

(b) Contact details including street address, mailing address, email, and phone number, (c) Date of birth or age, 

(d) Banking and financial details, 

(e) Credit card details, 

(f) Tax file number and stapled superannuation, 

(g) Driver’s License number, Passport number and visa details, 

(h) Photographs, audio, or video recording e.g., CCTV, 

(i) Employment records, 

(j) Educational qualifications, 

(k) Details of products and services we have provided to you, 

(l) Enquiries you have made and our responses to you, 

(m) Information provided through customer surveys or complaints, 

(n) Any other personal information requested by us and provided by you or a third party. 

We may collect information about how you access, use and interact with the website. We do this by using a  range of tools such as Google Analytics and HubSpot. This information may include: 

(a) The location from which you have come to the site and the pages you have visited; and

(b) Technical data, which may include IP address, the types of devices you are using to access the  website, device attributes, browser type, language and operating system. 

Use of Cookies: 

We use cookies on the website. A cookie is a small text file that the website may place on your device to store  information.  

We may use persistent cookies (which remain on your computer even after you close your browser) to store  information that may speed up your use of our website for any of your future visits to the website. We may also  use session cookies (which no longer remain after you end your browsing session) to help manage the display  and presentation of information on the website.  

You may refuse to use cookies by selecting the appropriate settings on your browser. However, please note  that if you do this, you may not be able to use the full functionality of the website. 

Why Do We Collect, Hold and Use Your Personal Information? 

We collect, hold and use your personal information so that we can: 

(a) Provide you with products and services, and manage our relationship with you: 

(b) Contact you, for example, to respond to your queries or complaints, or if we need to tell you something  important: 

(c) Comply with our legal obligations and assist government and law enforcement agencies or regulators; (d) Consider your employment application; or 

(e) For analytics, market research and business development. 

Legal Basis for Using Your Personal Information 

We will only collect, use and share your personal information where we are satisfied that we have an  appropriate legal basis to do this. This may include: 

(a) We have obtained your prior consent; 

(b) We need to use your personal information in connection with the performance of a contract with you  or to take steps at your request prior to entering into a contract with us; 

(c) We need to use your personal information to comply with a relevant legal or regulatory obligation that  we have; or 

(d) Where it is necessary for our legitimate interests (or those of a third party) as a commercial  organisation. 

How Do We Collect Your Personal Information? 

We will collect your personal information directly from you whenever you interact with us. 

We may collect information from third parties such as Facebook, LinkedIn, YouTube, recruitment agents, and  training bodies. 

If you do not provide us with your personal information, we may not be able to provide you with our services,  communicate with you or respond to your enquiries. 

How Do We Store and Hold Personal Information? 

We store most information about you in computer systems and databases operated by either us or our external  service providers. Some information about you is recorded in paper files that we store securely. 

We implement and maintain processes and security measures to protect personal information, which we hold  from misuse, interference or loss, and from unauthorised access, modification or disclosure. 

These processes and systems include the following: 

(a) Requiring all employees to comply with internal information security policies and keep information  secure. 

(b) Monitoring and regularly reviewing our practise against our own policies and against industry best  practice. 

(c) Secure backups. 

We will also take reasonable steps to securely destroy or de-identify personal information once we no longer  require it for the purposes for which it was collected or for any secondary purpose permitted under the APPs. 

Who Do We Disclose Your Personal Information to and why? 

We may transfer or disclose your personal information to our related companies. 

We may disclose personal information to external service providers so that they may perform services for us  or on our behalf. Where we disclose your personal information to third parties, we will request they handle your  information in accordance with this policy 

We may also disclose your personal information to others where: 

(a) We are required or authorised by law to do so; 

(b) You may have expressly consented to the disclosure or the consent may be reasonably inferred from  the circumstances; or 

(c) We are otherwise permitted to disclose the information under the Privacy Act.  

If the ownership or control of all or part of our business changes, we may transfer your personal information to  the new owner. 

Do We Disclose Personal Information to Overseas Recipients? 

We operate on a global basis. Accordingly, we may disclose your personal information to recipients that are  located outside Australia. 

We may disclose your personal information between our related international entities or business partners  overseas where necessary to fulfil our business purposes. Our related entities based overseas include Birdon  America Inc. and Birdon (UK) Ltd. These recipients are in Denver, USA, and the United Kingdom. 

When Birdon discloses your personal information to other overseas recipients, we will take all reasonable  steps to ensure they protect your personal information in accordance with the Privacy Act and the requirements  of applicable law wherever the data is located. 

Do We Use Your Personal Information for Marketing? 

We will request your consent prior to sending you marketing communications. We will use your personal  information to offer you products and services we believe may interest you, but we will not do so if you tell us 

not to. These products and services may be offered by us, our related companies, our other business partners  or our service providers. 

Where you receive electronic marketing communications from us, you may opt out of receiving further  marketing communications by following the opt-out instructions provided in the communication at any time. 

Access to and Correction of Your Personal Information 

You may access or request correction of the personal information that we hold about you by contacting us.  Our contact details are set out below. There are some circumstances in which we are not required to give  you access to your personal information. 

There is no charge for requesting access to your personal information, but we may require you to meet our  reasonable costs in providing you with access (such as photocopying costs or costs for time spent on  collating large amounts of material). 

We will respond to your requests to access or correct personal information in a reasonable time and will take  all reasonable steps to ensure that the personal information we hold about you remains accurate, up to date,  complete, relevant and not misleading. 

Your rights under the European Union General Data Protection Regulation Under the European Union General Data Protection Regulation, as a data subject you have the right to: 

(a) Access your data; 

(b) Have your data deleted (where legally permissible)  

(c) Correct your data where it is inaccurate; 

(d) Object to your data being processed and to restrict processing; 

(e) Withdraw consent to having your data processed; 

(f) Have your data provided in a standard format so that it can be transferred elsewhere;  (g) Object to marketing; and 

(h) Not be subject to a decision based solely on automated processing. 

(Together, the Data Subject Rights.) 

We have processes in place to deal with Data Subject Rights requests. Our actions and responsibilities will  depend on whether we are the controller or processer of the personal data at issue. Depending on our role as  either a controller or processor, the process for enabling Data Subject Rights may differ, and are always subject  to applicable law. Please refer to the contact details section of this policy if you would like to make a Data  Subject Rights request. 

Reporting Notifiable Data Breaches 

Birdon understands our responsibilities under the Privacy Act to report any notifiable data breaches to any  affected individuals, corporations, and the Office of the Australian Information Commissioner. Birdon has in  place a data breach response plan intended to enable us to contain, assess and respond to data breaches in  a timely manner, and to help mitigate potential harm to individuals. 

Complaints 

If you have a complaint about the way in which we have handled any privacy issue, including your request  for access or correction of your personal information, you should contact us. Our contact details are set out  below.

We will consider your complaint and determine whether it requires further investigation. We will notify you of  the outcome of this investigation and any subsequent internal investigation. 

If you remain unsatisfied with the way in which we have handled a privacy issue, you may approach an  independent adviser or contact the Office of the Australian Information Commissioner (OAIC) (www.oaic.gov.au) for guidance on alternative courses of action that may be available. If you are not based in  Australian, you may contact your local supervisory authority at any time and lodge a complaint (the  Information Commissioners Office in the United Kingdom). 

Contact Details 

If you have any questions, comments, or concerns, please contact us at: 

Email: info@birdon.com.au 

(02) 6589 9100 

Changes to This Policy 

From time to time, we may change our policy on how we handle personal information or the types of personal  information that we hold. Any changes to our policy will be published on our website. 

You may obtain a copy of our current policy from our website or by contacting us at the contact details above. 

Articles 1 to 8 of the Amended Hague Rules
As incorporated into the Birdon Conditions of Contract

ARTICLE 1 

1. In these Rules, the following words are employed, with the meanings set out below: 

(a) “Carrier” includes the owner or the charterer who enters into a contract of carriage with a shipper.

(aa) “Consignment note” means a non-negotiable document that:
(i) contains or evidences a contract of carriage by sea in connection with which no bill of lading or similar document of title has been issued;
(ii) clearly states that no liability for any loss of, damage to or delay of the goods will be accepted by the carrier of the goods; and
(iii) is clearly marked as being non-negotiable. 

(b) “Contract of carriage” means a contract of carriage covered by a sea carriage document (to the extent that the document relates to the carriage of goods by sea), and includes a negotiable sea carriage document issued under a charterparty from the moment at which that document regulates the relations between its holder and the carrier concerned. 
(ba) “Data message” means information generated, stored or communicated by electronic, optical or analogous means (including electronic data interchange, electronic mail, telegram, telex or telecopy) even if the information is never reproduced in printed form.
(c) “Goods” includes goods, wares, merchandise, and articles of every kind whatsoever except live animals. 
(d) “Ship” means any vessel used for the carriage of goods by sea.
(e) “Carriage of goods by sea” covers the period during which a carrier is in charge of the goods, according to paragraph 3 of this Article. 

(f) “Negotiable sea carriage document” means:
(i) a bill of lading (other than a bill of lading that, by law, is not negotiable); or(ii) a negotiable document of title that is similar to a negotiable bill of lading and that contains or evidences a contract of carriage of goods by sea.

(g) “Sea carriage document” means:
(i) a bill of lading; or
(ii) a negotiable document of title that is similar to a bill of lading and that contains or evidences a contract of carriage of goods by sea; or
(iii) a bill of lading that, by law, is not negotiable; or
(iv) a non-negotiable document (including a consignment note and a document of the kind known as a sea waybill or the kind known as a ship’s delivery order) that either contains or evidences a contract of carriage of goods by sea.

[NOTE: These Rules do not apply to all sea carriage documents—see Article 10.]

(h) “Writing” includes electronic mail, electronic data interchange, facsimile transmission, and entry in a database maintained on a computer system.

2. For these Rules, goods are taken to be delivered to the consignee when they are delivered to, or placed at the disposal of:
(a) the consignee; or
(b) an authority to which the goods are required by law to be delivered; or
(c) a person authorised by the consignee to take delivery of the goods.

3. For these Rules:
(a) a carrier begins to be in charge of goods at the time the goods are delivered to the carrier (or an agent or servant of the carrier) within the limits of a port or wharf; and
(b) the carrier ceases to be in charge of the goods at the time the goods are delivered to, or placed at the disposal of, the consignee within the limits of the port or wharf that is the intended destination of the goods.

4. For these Rules, the limits of a port or wharf in Australia are the limits of:
(a) the area within the limits fixed for the port or wharf by the Comptroller-General of Customs under paragraph 15 (1) (a) or (2) (a) of the Customs Act 1901; and
(b) any terminal area used for cargo handling that has a common boundary with the area within the limits mentioned in paragraph (a).

5. However, if the Minister is satisfied that, for a particular port or wharf, the limits worked out as set out in paragraph 4 of this Article may produce an anomalous result, the Minister may by instrument determine the limits of the port or wharf for these Rules.

6. For these Rules, the limits of a port or wharf outside Australia are the limits fixed by any local law (including any terminal area used for cargo handling that has a common boundary with the area within those limits).

ARTICLE 1A

1. These Rules apply, with any necessary changes, to a sea carriage document in the form of a data message in the same way as they apply to such a document in printed form.

2. Without limiting paragraph 1, for these Rules in their application to such sea carriage documents:
(a) a sea carriage document is issued when a data message is generated in a way that constitutes issue of such a document within the system being used by the parties to the relevant contract of carriage; and
(b) a sea carriage document is transferred when a data message is generated in a way that constitutes transfer of the sea carriage document within the system being used by the parties to the relevant contract of carriage.

ARTICLE 2

1. Subject to the provisions of this Article and Articles 6 and 6A, under every contract of carriage of goods by sea the carrier, in relation to the loading, handling, stowage, carriage, custody, care 2and discharge of such goods, shall be subject to the responsibilities and liabilities, and entitled to the rights and immunities, set out in these Rules.

2. For paragraph 1 of this Article, “goods” includes goods (except live animals) carried on or above deck.

3. However, if the shipper has specific stowage requirements for goods carried on or abovedeck, then, for paragraph 1 of this Article to apply, the shipper must tell the carrier in writing of those requirements at or before the time of booking the cargo.

4. Despite Article 4bis, if a carrier carries goods on or above deck contrary to an express agreement with the shipper of the goods made at or before the time of booking the cargo, then, for any loss or damage to the goods that results solely from the goods being carried on or above deck, the carrier is not entitled:
(a) to any exception or exemption under these Rules; or
(b) to any limit provided by these Rules to its liability for the loss or damage.

[NOTE: Article 6A allows a shipper and a carrier to agree that these Rules do not apply to certain kinds of cargo that must be carried on deck—see that Article.]

ARTICLE 3

1. The carrier shall be bound before and at the beginning of the voyage to exercise due diligence to—
(a) Make the ship seaworthy.
(b) Properly man, equip and supply the ship.
(c) Make the holds, refrigerating and cool chambers, and all other parts of the ship in which goods are carried, fit and safe for their reception, carriage and preservation.

2. Subject to the provisions of Article 4, the carrier shall properly and carefully load, handle, stow, carry, keep, care for, and discharge the goods carried.

3. After receiving the goods into his charge the carrier or the master or agent of the carrier shall, on demand of the shipper, issue to the shipper a sea carriage document showing among other things—
(a) The leading marks necessary for identification of the goods as the same are furnished in writing by the shipper before the loading of such goods starts, provided such marks are stamped or otherwise shown clearly upon the goods if uncovered, or on the cases or coverings in which such goods are contained, in such a manner as should ordinarily remain legible until the end of the voyage.
(b) Either the number of packages or pieces, or the quantity, or weight, as the case may be, as furnished in writing by the shipper.
(c) The apparent order and condition of the goods. Provided that no carrier, master or agent of the carrier shall be bound to state or show in the sea carriage document any marks, number, quantity, or weight which he has reasonable ground for suspecting not accurately to represent the goods actually received, or which he has had no reasonable means of checking.

4. Such a sea carriage document shall be prima facie evidence of the receipt by the carrier of the goods as therein described in accordance with paragraph 3 (a), (b) and (c). However, proof to the contrary shall not be admissible in the case of a negotiable sea carriage document that has been transferred to a third party acting in good faith.

5. The shipper shall be deemed to have guaranteed to the carrier the accuracy at the time of shipment of the marks, number, quantity and weight, as furnished by him, and the shipper shall indemnify the carrier against all loss, damages and expenses arising or resulting from inaccuracies in such particulars. The right of the carrier to such indemnity shall in no way limit his responsibility and liability under the contract of carriage to any person other than the shipper.

6. Unless notice of loss or damage and the general nature of such loss or damage be given in writing to the carrier or his agent at the port of discharge before or at the time of the removal of the goods into the custody of the person entitled to delivery thereof under the contract of carriage, or, if the loss or damage be not apparent, within three days, such removal shall be prima facie evidence of the delivery by the carrier of the goods as described in the sea carriage document.  

The notice in writing need not be given if the state of the goods has, at the time of their receipt, been the subject of joint survey or inspection. 

Subject to paragraph 6b is the carrier and the ship shall in any event be discharged from all liability whatsoever in respect of the goods, unless suit is brought within one year of their delivery or of the date when they should have been delivered. 

This period may, however, be extended if the parties so agree after the cause of action has arisen. 

In the case of any actual or apprehended loss or damage the carrier and the receiver shall give all reasonable facilities to each other for inspecting and tallying the goods. 

6bis. An action for indemnity against a third person may be brought even after the expiration of the year provided for in the preceding paragraph if brought within the time allowed by the law of the court seized of the case. However, the time allowed shall be not less than three months, commencing from the day when the person bringing such action for indemnity has settled the claim or has been served with process in the action against himself.

7. After the goods are loaded the sea-carriage document to be issued by the carrier, master, or agent of the carrier, to the shipper shall, if the shipper so demands, be a “shipped” negotiable sea carriage document, provided that if the shipper shall have previously taken up any sea carriage document for such goods, he shall surrender the same as against the issue of the “shipped” negotiable sea carriage document, but at the option of the carrier a negotiable sea carriage document may be noted at the port of shipment by the carrier, master, or agent with the name or names of the ship or ships upon which the goods have been shipped and the date or dates of shipment, and when so noted, if it shows the particulars mentioned in paragraph 3 of Article 3, shall for the purpose of this article be deemed to constitute a “shipped” negotiable sea carriage document.

8. Any clause, covenant, or agreement in a contract of carriage relieving the carrier or the ship from liability for loss or damage to, or in connexion with, goods arising from negligence, fault, or failure in the duties and obligations provided in this article or lessening such liability otherwise than as provided in these Rules, shall be null and void and of no effect. A benefit of insurance in favour of the carrier or similar clause shall be deemed to be a clause relieving the carrier from liability.

ARTICLE 4

1. Neither the carrier nor the ship shall be liable for loss or damage arising or resulting from unseaworthiness unless caused by want of due diligence on the part of the carrier to make the ship seaworthy, and to secure that the ship is properly manned, equipped and supplied, and to make the holds, refrigerating and cool chambers and all other parts of the ship in which goods are carried fit and safe for their reception, carriage and preservation in accordance with the provisions of paragraph 1 of Article 3. Whenever loss or damage has resulted from unseaworthiness the burden of proving the exercise of due diligence shall be on the carrier or other person claiming exemption under this article.

2. Neither the carrier nor the ship shall be responsible for loss or damage arising or resulting from—
(a) Act, neglect or default of the master, mariner, pilot, or the servants of the carrier in the navigation or in the management of the ship.
(b) Fire, unless caused by the actual fault or privity of the carrier.
(c) Perils, dangers and accidents of the sea or other navigable waters.
(d) Act of God.
(e) Act of war.
(f) Act of public enemies.
(g) Arrest or restraint of princes, rulers or people, or seizure under legal process.
(h) Quarantine restrictions.
(i) Act or omission of the shipper or owner of the goods, his agent or representative.
(j) Strikes or lock-outs or stoppage or restraint of labour from whatever cause, whether partial or  general.
(k) Riots and civil commotions.
(l) Saving or attempting to save life or property at sea.
(m) Wastage in bulk or weight or any other loss or damage arising from inherent defect, quality or vice of the goods.
(n) Insufficiency of packing.
(o) Insufficiency or inadequacy of marks.
(p) Latent defects not discoverable by due diligence.
(q) Any other cause arising without the actual fault or privity of the carrier, or without the fault orneglect of the agents or servants of the carrier, but the burden of proof shall be on the person claiming the benefit of this exception to show that neither the actual fault or privity of the carrier  nor the fault or neglect of the agents or servants of the carrier contributed to the loss or damage.

[NOTE: For the liability of a carrier for loss caused by delay, see Article 4A.]

3. The shipper shall not be responsible for loss or damage sustained by the carrier or the ship arising or resulting from any cause without the act, fault or neglect of the shipper, his agents or his servants.

4. Any deviation in saving or attempting to save life or property at sea or any reasonabledeviation shall not be deemed to be an infringement or breach of these Rules or of the contract of carriage, and the carrier shall not be liable for any loss or damage resulting therefrom.

5.
(a) Unless the nature and value of such goods have been declared by the shipper before shipment and inserted in the sea carriage document, neither the carrier nor the ship shall in any event be or become liable for any loss or damage to or in connection with the goods in an amount exceeding 666.67 units of account per package or unit or 2 units of account per kilogramme of gross weight of the goods lost or damaged, whichever is the higher.
(b) The total amount recoverable shall be calculated by reference to the value of such goods at the place and time at which the goods are discharged from the ship in accordance with the contract or should have been so discharged. The value of the goods shall be fixed according to the commodity exchange price, or, if there be no such price, according to the current market price, or, if there be no commodity exchange price or current market price, by reference to the normal value of goods of the same kind and quality. 
(c) Where a container, pallet or similar article of transport is used to consolidate goods, thenumber of packages or units enumerated in the sea  carriage document as packed in such article of transport shall be deemed the number of packages or units for the purpose of this paragraph as far as these packages or units are concerned. Except as aforesaid such article of transport shall be considered the package or unit.
(d) The unit of account mentioned in this Article is the Special Drawing Right as defined by the International Monetary Fund. The amounts mentioned in sub-paragraph (a) of this paragraph shall be converted into national currency on the basis of the value of that currency on a date to be determined by the law of the court seized of the case. 

The value of the national currency, in terms of the Special Drawing Right, of a State which is a member of the International Monetary Fund, shall be calculated in accordance with the method of valuation applied by the International Monetary Fund in effect at the date in question for its operations and transactions. The value of the national currency, in terms of the Special Drawing Right, of a State which is not a member of the International Monetary Fund, shall be calculated in a manner determined by that State.

Nevertheless, a State which is not a member of the International Monetary Fund and whose law does not permit the application of the provisions of the preceding sentences may, at the time of ratification of the Protocol of 1979 or accession thereto or at any time thereafter, declare that the limits of liability provided for in these Rules to be applied in its territory shall be fixed as follows:
(i) in respect of the amount of 666.67 units of account mentioned in sub-paragraph (a) of paragraph 5 of this Article, 10,000 monetary units;
(ii) in respect of the amount of 2 units of account mentioned in sub-paragraph (a) ofparagraph 5 of this Article, 30 monetary units.

The monetary unit referred to in the preceding sentence corresponds to 65.5 milligrammes of gold of millesimal fineness 900’. The conversion of the amounts specified in that sentence into the national currency shall be made according to the law of the State concerned.

The calculation and the conversion mentioned in the preceding sentences shall be made in such a manner as to express in the national currency of the State as far as possible the same real value for the amounts in sub-paragraph (a) of paragraph 5 of this Article as is expressed there in units of account.

States shall communicate to the depositary the manner of calculation or the result of the conversion as the case may be, when depositing an instrument of ratification of the Protocol of 1979 or of accession thereto and whenever there is a change in either.

(e) Neither the carrier nor the ship shall be entitled to the benefit of the limitation of liability provided for in this paragraph if it is proved that the damage resulted from an act or omission of the carrier done with intent to cause damage, or recklessly and with knowledge that damage would probably result. 
(f) The declaration mentioned in sub-paragraph (a) of this paragraph, if embodied in the sea carriage document, shall be prima facie evidence, but shall not be binding or conclusive on the carrier.
(g) By agreement between the carrier, master or agent of the carrier and the shipper other maximum amounts than those mentioned in sub-paragraph (a) of this paragraph may be fixed, provided that no maximum amount so fixed shall be less than the appropriate maximum mentioned in that sub-paragraph.
(h) Neither the carrier nor the ship shall be responsible in any event for loss or damage to, or in connection with, goods if the nature or value thereof has been knowingly mis-stated by the shipper in the sea carriage document.

6. Goods of an inflammable, explosive or dangerous nature to the shipment whereof the carrier, master or agent of the carrier has not consented with knowledge of their nature and character, may at any time before discharge be landed at any place, or destroyed or rendered innocuous by thecarrier 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.

ARTICLE 4A

1. Despite Article 4, a carrier is liable to a shipper for loss (including but not limited to, pure economic loss, loss of markets or deterioration) caused to the shipper by the shipper’s goods being delayed while the carrier is in charge of the goods unless the carrier establishes, on the balance of probabilities, that:
(a) the delay was excusable; and
(b) the carrier (or, if at the time of the delay, the goods were under the control of servants or agents of the carrier, those servants or agents) took all measures that were reasonably required to avoid the delay and its consequences.

[NOTE: For the meaning of “in charge of the goods”, see paragraph 2 of Article 1.]

2. For this Article, goods have been delayed if they are not delivered at the port of discharge specified in the relevant contract for carriage of goods:
(a) within the time allowed in the contract for that purpose; or
(b) if the contract does not specify a time for that purpose—within a reasonable time for delivery, at that port, of similar goods carried by a diligent carrier (having regard to any particular circumstances of the case and the intentions of the shipper and the carrier).

[NOTE: For the meaning of “delivered”, see paragraph 1A of Article 1.]

3. For paragraph 1 (a) of this Article, a delay is excusable only if: 
(a) it is caused by a deviation authorised by the shipper, or by a term in the contract of carriage; or
(b) agents; or it is caused by circumstances beyond the reasonable control of the carrier or its servants or
(c) it is reasonably necessary to comply with an express or implied warranty; or
(d) it is reasonably necessary for the safety of the ship or its cargo; or
(e) it is for the purposes of saving human life or aiding a ship in distress; or
(f) board; or it is reasonably necessary for the purpose of obtaining medical or surgical aid for a person on
(g) it is caused by barratrous conduct of the master or crew; or
(h) paragraph 4 of this Article applies.

4. For paragraph 1 (a) of this Article, a delay caused by industrial action is excusable if the industrial action was not substantially caused, or substantially contributed to, by unreasonable conduct of the carrier.

5. For paragraph 4, conduct of servants or agents of the carrier is not taken to be conduct of the carrier if the servants or agents engaged in the conduct without the carrier’s express or implied authority.

6. The quantum of the carrier’s liability for loss caused by the delay is limited to whichever is the lesser of:
(a) the actual amount of the loss; or
(b) two and a half times the sea freight payable for the goods delayed; or
(c) the total amount payable as sea freight for all of the goods shipped by the shipper concerned under the contract of carriage concerned.

7. To avoid doubt, nothing in Article 4 or this Article prevents a carrier being liable to a shipperunder both Article 4 and this Article.

ARTICLE 4bis

1. The defences and limits of liability provided for in these Rules shall apply in any action against the carrier in respect of loss or damage to goods covered by a contract of carriage whether the action be founded in contract or in tort.

2. If such an action is brought against a servant or agent of the carrier (such servant or agent not being an independent contractor), such servant or agent shall be entitled to avail himself of the defences and limits of liability which the carrier is entitled to invoke under these Rules.

3. The aggregate of the amounts recoverable from the carrier, and such servants and agents, shall in no case exceed the limit provided for in these Rules.

4. Nevertheless, a servant or agent of the carrier shall not be entitled to avail himself of the provisions of this Article, if it is proved that the damage resulted from an act or omission of the servant or agent done with intent to cause damage or recklessly and with knowledge that damage would probably result.

ARTICLE 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 obligations under these Rules, provided such surrender or increase shall be embodied in the sea carriage document issued to the shipper. The provisions of these Rules shall not be applicable to charter parties, but if negotiable sea carriage documents are issued in the case of a ship under a charter party they shall comply with the terms of these Rules. Nothing in these rules shall be held to prevent the insertion in a sea carriage document of any lawful provision regarding general average.

ARTICLE 6

Notwithstanding the provisions of the preceding articles, a carrier, master or agent of the carrier and a shipper shall in regard to any particular goods be at liberty to enter into any agreement in any terms as to the responsibility and liability 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 this stipulation 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 discharge of the goods carried by sea.

However:
(a) the terms so agreed must be set out in a receipt or consignment note; and 
(b) the receipt or consignment note must be, and must be marked as being, non-negotiable; and
(c) the receipt or note must state that no other sea carriage document has been, or will be, issued for the carriage.

Any agreement so entered into shall have full legal effect.

Provided that this article shall not apply to ordinary commercial shipments made in the ordinary course of trade, but only to other shipments where the character or condition of the property to be carried or the circumstances, terms and conditions under which the carriage is to be performed are such as reasonably to justify a special agreement.

ARTICLE 6A

1. A shipper of goods and the carrier of the goods may agree in writing, at or before the time the cargo is booked, that these Rules do not apply to the carriage of the goods if: 
(a) the goods must be carried on deck; and
(b) the character or condition of the goods reasonably justifies a special agreement regarding the carriage of the goods on deck.

2. In paragraph 1, goods:
(a) does not include containerised goods (that is, goods that are carried in or on cellular equipment that is capable, after the goods are loaded into or onto it, of being carried in the standard cell guides of a cellular container ship, whether or not the equipment in or on which the goods are loaded is carried within such cell guides during its carriage by sea); and
(b) includes breakbulk cargo (including breakbulk cargo that is too large to fit into the standard cell guides of a cellular container ship even if cellular equipment of some kind is used to carry it).

[NOTE: The standard cell guides of a cellular container ship are designed primarily to hold containers measuring either 20 feet by 8 feet by 8 feet 6 inches, or 40 feet by 8 feet by 8 feet 6 inches (although they may be able to accommodate other kinds of standard cellular equipment).

3. An agreement under this Article has effect only if the sea carriage document for the carriage of the goods bears a statement endorsed on its face that the shipper and the carrier have entered into it.

4. This Article applies to all shipments of goods referred to in paragraph 1, including ordinary commercial shipments made in the ordinary course of trade.

ARTICLE 7

Nothing herein contained shall prevent a carrier or a shipper from entering into any agreement, stipulation, condition, reservation or exemption as to the responsibility and liability of the carrier or the ship for the loss or damage to, or in connexion with, the custody and care and handling of goods prior to the loading on, and subsequent to the discharge from the ship on which the goods are carried by sea.

ARTICLE 8

These Rules shall not affect the rights and obligations of the carrier under any statute for the time being in force relating to the limitation of the liability of owners of sea-going vessels.