1978年联合国海上货物运输公约（二）

　　Article 17. Guarantees by the shipper

　　1. The shipper is deemed to have guaranteed to the carrier theaccuracy of particulars relating to the general nature of the goods， theirmarks， number， weight and quantity as furnished by him for insertion inthe Bill of Lading. The shipper must indemnify the carrier against theloss resulting from inaccuracies in such particulars. The shipper remainsliable even if the Bill of Lading has been transferred by him. The rightof the carrier to such indemnity in no way limits his liability under thecontract of carriage by sea to any person other than the shipper.

　　2. Any letter of guarantee or agreement by which the shipperundertakes to indemnify the carrier against loss resulting from theissuance of the Bill of Lading by the carrier， or by a person acting onhis behalf， without entering a reservation relating to particularsfurnished by the shipper for insertion in the Bill of Lading， or to theapparent condition of the goods， is void and of no effect as against anythird party， including a consignee， to whom the Bill of Lading has beentransferred.

　　3. Such letter of guarantee or agreement is valid as against theshipper unless the carrier or the person acting on his behalf， by omittingthe reservation referred to in para. 2 of this Article， intends todefraud a third party， including a consignee， who acts in reliance on thedescription of the goods in the Bill of Lading. In the latter case， if thereservation omitted relates to particulars furnished by the shipper forinsertion in the Bill of Lading， the carrier has no right of indemnityfrom the shipper pursuant to para. 1 of this Article.

　　4. In the case of intended fraud referred to in para. 3 of thisArticle the carrier is liable， without the benefit of the limitation ofliability provided for in this Convention， for the loss incurred by athird party， including a consignee， because he has acted in reliance onthe description of the goods in the Bill of Lading.

　　Article 18. Documents other than Bills of Lading

　　Where a carrier issues a document other than a Bill of Lading toevidence the receipt of the goods to be carried， such a document is primafacie evidence of the conclusion of the contract of carriage by sea andthe taking over by the carrier of the goods as therein described.

　　PART V. CLAIMS AND ACTIONS

　　Article 19. Notice of loss， damage or delay

　　1. Unless notice of loss or damage， specifying the general nature ofsuch loss or damage， is given in writing by the consignee to the carriernot later than the working day after the day when the goods were handedover to the consignee， such handing over is prima facie evidence of thedelivery by the carrier of the goods as described in the document oftransport or， if no such document has been issued， in good condition.

　　2. Where the loss or damage is not apparent， the provisions of para. 1of this Article apply correspondingly if notice in writing is not givenwithin 15 consecutive days after the day when the goods were handed overto the consignee.

　　3. If the state of the goods at the time they were handed over to theconsignee has been the subject of a joint survey or inspection by theparties， notice in writing need not be given of loss or damage ascertainedduring such survey or inspection.

　　4. In the case of any actual or apprehended loss or damage the carrierand the consignee must give all reasonable facilities to each other forinspecting and tallying the goods.

　　5. No compensation shall be payable for loss resulting from delay indelivery unless a notice has been given in writing to the carrier within60 consecutive days after the day when the goods were handed over to theconsignee.

　　6. If the goods have been delivered by an actual carrier， any noticegiven under this Article to him shall have the same effect as if it hadbeen given to the carrier， and any notice given t

o the carrier shall haveeffect as if given to such actual carrier.

　　7. Unless notice of loss or damage， specifying the general nature ofthe loss or damage， is given in writing by the carrier or actual carrierto the shipper not later than 90 consecutive days after the occurrence ofsuch loss or damage or after the delivery of the goods in accordance withpara. 2 of Art. 4， whichever is later， the failure to give such notice isprima facie evidence that the carrier or the actual carrier has sustainedno loss or damage due to the fault or neglect of the shipper， his servantsor agents.

　　8. For the purpose of this Article， notice given to a person acting onthe carrier's or the actual carrier's behalf， including the master or theofficer in charge of the ship， or to a person acting on the shipper'sbehalf is deemed to have been given to the carrier， to the actual carrieror to the shipper， respectively.

　　Article 20. Limitation of actions

　　1. Any action relating to carriage of goods under this Convention istime-barred if judicial or arbitral proceedings have not been institutedwithin a period of two years.

　　2. The limitation period commences on the day on which the carrier hasdelivered the goods or part thereof or， in cases where no goods have beendelivered， on the last day on which the goods should have been delivered.

　　3. The day on which the limitation period commences is not included inthe period.

　　4. The person against whom a claim is made may at any time during therunning of the limitation period extend that period by a declaration inwriting to the claimant. This period may be further extended by anotherdeclaration or declarations.

　　5. An action for indemnity by a person held liable may be institutedeven after the expiration of the limitation period provided for in thepreceding paragraphs if instituted within the time allowed by the law ofthe State where proceedings are instituted. However， the time allowedshall not be less than 90 days commencing from the day when the personinstituting such action for indemnity has settled the claim or has beenserved with process in the action against himself.

　　Article 21. Jurisdiction

　　1. In judicial proceedings relating to carriage of goods under thisConvention the plaintiff， at his option， may institute an action in acourt which， according to the law of the State where the court issituated， is competent and within the jurisdiction of which is situatedone of the following places：

　　（a） the principal place of business or， in the absence thereof，the habitual residence of the defendant； or

　　（b） the place where the contract was made provided that thedefendant has there a place of business， branch or agency through whichthe contract was made； or

　　（c） the port of loading or the port of discharge； or

　　（d） any additional place designated for that purpose in thecontract of carriage by sea.

　　2. （a） Notwithstanding the preceding provisions of this Article， anaction may be instituted in the courts of any port or place in aContracting State at which the carrying vessel or any other vessel of thesame ownership may have been arrested in accordance with applicable rulesof the law of that State and of international law. However， in such acase， at the petition of the defendant， the claimant must remove theaction， at his choice， to one of the jurisdictions referred to in para. 1of this Article for the determination of the claim， but before suchremoval the defendant must furnish security sufficient to ensure paymentof any judgment that may subsequently be awarded to the claimant in theaction.

　　（b） All questions relating to the sufficiency or otherwise of thesecurity shall be determined by the court of the port or place of thearrest.

　　3. No judicial proceedings relating to carriage of goods under thisConvention may be instituted in a place not specified in paras. 1 or 2

ofthis Article. The provisions of this paragraph do not constitute anobstacle to the jurisdiction of the Contracting States for provisional orprotective measures.

　　4. （a） Where an action has been instituted in a court competent underparas. 1 or 2 of this Article or where judgment has been delivered by sucha court， no new action may be started between the same parties on the samegrounds unless the judgment of the court before which the first action wasinstituted is not enforceable in the country in which the new proceedingsare instituted.

　　（b） for the purpose of this Article the institution of measureswith a view to obtaining enforcement of a judgment is not to be consideredas the starting of a new action；

　　（c） for the purpose of this Article， the removal of an action to adifferent court within the same country， or to a court in another country，in accordance with para. 2 （a） of this Article， is not to be considered asthe starting of a new action.

　　5. Notwithstanding the provisions of the preceding paragraphs， anagreement made by the parties， after a claim under the contract ofcarriage by sea has arisen， which designates the place where the claimantmay institute an action， is effective.

　　Article 22. Arbitration

　　1. Subject to the provisions of this Article， parties may provide byagreement evidenced in writing that any dispute that may arise relating tocarriage of goods under this Convention shall be referred to arbitration.

　　2. Where a charter-party contains a provision that disputes arisingthereunder shall be referred to arbitration and a Bill of Lading issuedpursuant to the charter-party does not contain a special annotationproviding that such provision shall be binding upon the holder of the Billof Lading， the carrier may not invoke such provisi

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