open top container / paper bags

[SonJaeHee]

1. A bill of lading is claused 'packing having been effected in paper bags, all the carrier's rights and immunities in the event of loss or damage to the goods arising by reason of the nature of that packing are hereby expressly reserved'. Is this acceptable?

2. A bill of lading shows a shipment of goods in a 40 foot 'open top' container. Does this constitute a defective condition of the packaging being declared?

[RolandLeupi]

On my opinion and since the transport document does not expressly declare a defective condition of the packaging I would accept both the document so claused
Roland

[KimChristensen]

Dear Son Jae Hee,

UCP 500 sub-article 32(a) reads:

“A clean transport document is one which bears no clause or notation which expressly declares a defective condition of the goods and/or the packaging”

Goods may be backed in a number of ways – and it is impossible for the banker to de-termine whether one packing or the other is sufficient for the goods shipped – and of course the banker should not go down that road.

So goods packed in paper bags or stuffed in an open top container, is in my view acceptable – as it is not a “defective packing”.

What worries me a bit in “example 1” is that the carrier renounce responsibility for the packing, but I can not think of any UCP provisions that would prohibit such.

Best regards
Kim

[NigelHolt]

I agree with Roland & Kim.

[JudithAutié]

So do I. What I have also seen is a statement on the B/L by which the carrier declines all responsibility for damage, scratches, missing accessories etc. for unpacked vehicules. However this cannot be construed in any manner as being a definite statement of defective packing or damaged goods.
I would also refer to paragraph 90 of the ISBP.

Regards
Judith