And further on, it is stated:
No Certificate of quality was delivered to vessel before departure from above mentioned port/terminal.
(Appendix 11 to the Captain's Affidavit)
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- The defendants also claim that a shipment of liquid chemicals should not be considered a "clean cargo" as evidence of the quality of the cargo. The sea carrier cannot detect defects in the cargo that are not visible to the unprofessional eye.
- The defendants also believe that Caleb Barrett's laboratory test reports do not constitute sufficient evidence of the condition of the cargo prior to the loading. The defendants refer to the opinion of the chemistry expert, Patal, who came to the conclusion that the particles found in the oils at the time of discharge existed even before the loading.
- As I have clarified, it seems to me that in the dispute between the parties, preference should be given to the plaintiff's position, according to which it is more likely that the contamination of the oils with particles occurred after the loading.
- The first claim raised by the plaintiff is based on the fact that the ship issued clean bills of lading, that is, without any reservations. As is well known, a bill of lading has three functions: a receipt from the carrier to the sender attesting to the delivery of the cargo to the carrier in accordance with the details specified therein; evidence of the contract of carriage between the carrier and the sender; Certificate of ownership attesting to the right to the cargo (See Civil Appeal 603/83 ZIM Israel Shipping Company v. Edres Building Materials in Tax Appeal , P.D. W(3) 365 (1986); Civil Appeal 8205/16 The above; Civil Appeal 6260/97 above).
We are concerned with the first function of the note, i.e., its function as confirmation of the receipt of the cargo according to the details stated therein. Section III (3) to the Hague-Visby Rules, as enshrined in the Addendum to theTransportation of Goods by Sea Ordinancestates:
After receiving the goods for his supervision, the carrier or the captain or the carrier's agent must give the shipper a bill of lading, when required of him, in which he shall specify, among other things: