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Contract and Commercial Law Act 2017

Other commercial matters - Bills of lading, sea waybills, and ship’s delivery orders - Liabilities under shipping documents

319: Person in whom rights are vested becomes subject to liabilities

You could also call this:

“When you get rights to shipped goods, you might also get responsibilities”

When you get rights under a shipping document, you might also have to take on some responsibilities. This happens if you do any of these things:

You ask the carrier to give you the goods mentioned in the document.

You make a claim against the carrier about these goods.

You took or asked for the goods from the carrier before you got the rights to them.

If you do any of these things, you have to follow the same rules as if you had signed the shipping contract yourself. This means you have to do what the contract says.

Even if you have to follow these rules, it doesn’t change what other people who signed the contract first have to do. They still have to follow the rules too.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6844699.

Topics:
Business > Fair trading Business > Industry rules Money and consumer rights > Consumer protection
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318: Transfer extinguishes certain rights, or

"When you give away rights to a shipping document, you usually can't use those rights anymore"

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320: Liabilities exclude liabilities in respect of goods to which ship’s delivery order does not relate, or

"Ship's delivery order only makes you responsible for goods listed on it"

Part 5 Other commercial matters
Bills of lading, sea waybills, and ship’s delivery orders: Liabilities under shipping documents

319Person in whom rights are vested becomes subject to liabilities

  1. This section applies if a person (A), in whom rights are vested under section 314 in relation to a document,—

  2. takes or demands delivery from the carrier of any of the goods to which the document relates; or
    1. makes a claim under the contract of carriage against the carrier concerning any of those goods; or
      1. is a person who, at a time before those rights were vested in that person, took or demanded delivery from the carrier of any of those goods.

        1. A becomes subject to the same liabilities under the contract of carriage as if A had been a party to the contract.

        2. This section, to the extent that it imposes liabilities under a contract on a person, does not limit the liabilities under the contract of any person as an original party to the contract.

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