CARRIAGE OF GOODS BY SEA
Section 1: Short title and saving.
(1) This Act may be cited as the Carriage of Goods by Sea Act.
(2) Nothing in this Act shall affect the operation of sections 247, 248, 249, 252, 382 and 383 of the Merchant Shipping Act as amended by any subsequent enactment, or the operation of any other enactment for the time being in force limiting the liability of the owners of sea-going vessels.
(3) The Rules shall not by virtue of this Act apply to any contract for the carriage of goods by sea made before the 1st day of January, 1926, nor to any bill of lading or similar document of title issued, whether before or after the 1st day of January, 1926, in pursuance of any such contract as aforesaid.
Section 2: Application of Rules in Schedule.
Subject to the provisions of this Act, the Rules shall have effect in relation to and in connection with the carriage of goods by sea in ships carrying goods from any port in Nigeria to any other port whether in or outside Nigeria.
Section 3: Absolute warranty of seaworthiness not to be implied in contracts to which Rules apply.
There shall not be implied in any contract for the carriage of goods by sea to which the Rules apply any absolute undertaking by the carrier of the goods to provide a seaworthy ship.
Section 4: Statement as to application of Rules to be included in bills of lading.
Every bill of lading or similar document of title issued in Nigeria, which contains or is evidence of any contract to which the Rules apply, shall contain an express statement that it is to have effect subject to the provisions of the said Rules as applied by this Act.
Section 5: Modification of Article VI of Rules in relation to coasting trade.
Article VI of the Rules shall, in relation to the carriage of goods by sea in ships carrying goods from any port in Nigeria to any other port in Nigeria, have effect as though the said Article referred to goods of any class instead of to particular goods and as though the proviso to the second paragraph of the said Article were omitted.
Section 6: Modification of Rules 4 and 5 of Articles III in relation to bulk cargoes.
Where 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 is so ascertained or accepted is stated in the bill of lading, then, notwithstanding anything in the Rules, 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 bill of lading, and the accuracy thereof at the time of shipment shall not be deemed to have been guaranteed by the shipper.