Article 61 The provisions with respect to the responsibility of the carrier contained in this Chapter shall be applicable to the actual carrier. Where an action is brought against the servant or agent of the actual carrier， the provisions contained in paragraph 2 of Article 58 and paragraph 2 of Article 59 of this Code shall apply.
Article 62 Any special agreement under which the carrier assumes obligations not provided for in this Chapter or waives rights conferred by this Chapter shall be binding upon the actual carrier when the actual carrier has agreed in writing to the contents thereof. The provisions of such special agreement shall be binding upon the carrier whether the actual carrier has agreed to the contents or not.
Article 63 Where both the carrier and the actual carrier are liable for compensation， they shall jointly be liable within the scope of such liability.
Article 64 If claims for compensation have been separately made against the carrier， the actual carrier and their servants or agents with regard to the loss of or damage to the goods， the aggregate amount of compensation shall not be in excess of the limitation provided for in Article 56 of this Code.
Article 65 The provisions of Article 60 through 64 of this Code shall not affect the recourse between the carrier and the actual carrier.
Section 3 Shipper's Responsibilities
Article 66 The shipper shall have the goods properly packed and shall guarantee the accuracy of the description， mark， number of packages or pieces， weight or quantity of the goods at the time of shipment and shall indemnity the carrier against any loss resulting from inadequacy of packing or inaccuracies in the above mentioned information.
The carrier's right to indemnification as provided for in the preceding paragraph shall not affect the obligation of the carrier under the contract of carriage of goods towards those other than the shipper.
Article 67 The shipper shall perform all necessary procedures at the port， customs， quarantine， inspection or other competent authorities with respect to the shipment of the goods and shall furnish to the carrier all relevant documents concerning the procedures the shipper has gone through. The shipper shall be liable for any damage to the interest of the carrier resulting from the inadequacy or inaccuracy or delay in delivery of such documents.
Article 68 At the time of shipment of dangerous goods， the shipper shall， in compliance with the regulations governing the carriage of such goods， have them properly packed， distinctly marked and labelled and notify the carrier in writing of their proper description， nature and the precautions to be taken. In case the shipper fails to notify the carrier or notified him inaccurately， the carrier may have such goods landed， destroyed or rendered innocuous when and where circumstances so require， without compensation. The shipper shall be liable to the carrier for any loss， damage or expense resulting from such shipment.
Notwithstanding the carrier's knowledge of the nature of the dangerous goods and his consent to carry， he may still have such goods landed， destroyed or rendered innocuous， without compensation， when they become an actual danger to the ship， the crew and other persons on board or to other goods. However， the provisions of this paragraph shall not prejudice the contribution in general average， if any.
Article 69 The shipper shall pay the freight to the carrier as agreed.
The shipper and the carrier may reach an agreement that the freight shall be paid by the consignee. However， such an agreement shall be noted in the transport documents.
Article 70 The shipper shall not be liable for the loss sustained by the carrier or the actual carrier， or for the damage sustained by the ship， unless such loss or damage was caused by the fault of the shipper， his servant or agent.
The servant or agent of the shipper shall not be liable for the loss sustained by the carrier or the actual carrier， or for the damage sustained by the ship， unless the loss or damage was caused by the fault of the servant or agent of the shipper.
Section 4 Transport Documents
Article 71 A bill of lading is a document which serves as an evidence of the contract of carriage of goods by sea and the taking over or loading of the goods by the carrier， and based on which the carrier undertakes to deliver the goods against surrendering the same. A provision in the document stating that the goods are to be delivered to the order of anamed person， or to order， or to bearer， constitutes such an undertaking.
Article 72 When the goods have been taken over by the carrier or have been loaded on board， the carrier shall， on demand of the shipper， issue to the shipper a bill of lading.
The bill of lading may be signed by a person authorized by the carrier. A bill of lading signed by the Master of the ship carrying the goods is deemed to have been signed on behalf of the carrier.
Article 73 A bill of lading shall contain the following particulars：
（1） Description of the goods， mark， number of packages or pieces， weight or quantity， and a statement， if applicable， as to the dangerous nature of the goods；
（2） Name and principal place of business of the carrier；
（3） Name of the ship；
（4） Name of the shipper；
（5） Name of the consignee；
（6） Port of loading and the date on which the goods were taken over by the carrier at the port of loading；
（7） Port of discharge；
（8） Place where the goods were taken over and the place where the goods are to be delivered in case of a multi modal transport bill of lading；
（9） Date and place of issue of the bill of lading and the number of originals issued；
（10） Payment of freight；
（11） Signature of the carrier or of a person acting on his behalf.
In a bill of lading， the lack of one or more particulars referred to in the preceding paragraph does not affect the function of the bill of lading as such， provided that it nevertheless meets the requirements set forth in Article 71 of this Code.
Article 74 If the carrier has issued， on demand of the shipper， a Received for shipment bill of lading or other similar documents before the goods are loaded on board， the shipper may surrender the same to the carrier as against a shipped bill of lading when the goods have been loaded on board. The carrier may also note on the received-for-shipment bill of lading or other similar documents with the name of the carrying ship and the date of loading， and， when so noted， the received for shipment bill of lading or other similar documents shall be deemed to constitute a shipped bill of lading.
Article 75 If the bill of lading contains particulars concerning the description， mark， number of packages or pieces， weight or quantity of the goods with respect to which the carrier or the other person issuing the bill of lading on his behalf has the knowledge or reasonable grounds to suspect that such particulars do not accurately represent the goods actually received， or， where a shipped bill of lading is issued， loaded， or if he has had no reasonable means of checking， the carrier or such other person may make a note in the bill of lading specifying those inaccuracies， the grounds for suspicion or the lack of reasonable means of checking.
Article 76 If the carrier or the other person issuing the bill of lading on his behalf made no note in the bill of lading regarding the apparent order and condition of the goods， the goods shall be deemed to be in apparent good order and condition.
Article 77 Except for the note made in accordance with the provisions of Article 75 of this Code， the bill of lading issued by the carrier or the other person acting on his behalf is prima facie evidence of the taking over or loading by the carrier of the goods as described therein. Proof to the contrary by the carrier shall not be admissible if the bill of lading has been transferred to a third party， including a consignee， who has acted in good faith in reliance on the description of the goods contained therein.
Article 78 The relationship between the carrier and the holder of the bill of lading with respect to their rights and obligations shall be defined by the clauses of the bill of lading.
Neither the consignee nor the holder of the bill of lading shall be liable for the demurrage， dead freight and all other expenses in respect of loading occurred at the loading port unless the bill of lading clearly states that the a fore said demurrage， dead freight and all other expenses shall be borne by the consignee and the holder of the bill of lading.
Article 79 The negotiability of a bill of lading shall be governed by the following provisions：
（1） A straight bill of lading is not negotiable；
（2） An order bill of lading may be negotiated with endorsement to order or endorsement in blank；
（3） A bearer bill of lading is negotiable without endorsement.
Article 80 Where a carrier has issued a document other than a bill of lading as an evidence of the receipt of the goods to be carried， such a document is prima facie evidence of the conclusion of the contract of carriage of goods by sea and the taking over by the carrier of the goods as described therein.
Such documents that are issued by the carrier shall not be negotiable.
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