Defenses For Carriage By Sea Or Inland Waterways
Notwithstanding the provisions of Basis of Liabilities of the MTO , The Multimodal Transport Operator shall not be responsible for loss or delay in delivery with respect to goods carried by Sea or Inland Waterways , when such loss , damage or delay during such carriage has been caused by :
----- Act , neglect or default of the master , mariner , pilot or the servants of the carrier in the navigation or in the management of the Ship .
----- Fire , unless caused by actual fault or privity of the carrier .
However , always provided that whenever loss or damage has resulted from unseaworthiness of the ship , the MTO can prove that due diligence has been exercised to make the ship seaworthy at the commencement of the voyage .
Conversion of delay into final loss :-
If the goods have not been delivered within 90 consecutive days following the date of delivery determined according to Rule as Delay in Delivery , the claimant may in the absence of evidence of the contrary, treat the goods as lost .
But If this loss or damage has been occur during the transit of goods by Sea or Inland waterways then the situation will be changed and MTO is not treated as responsible for this loss or damage .
