The Carriage of Goods by Sea Act

1. Notwithstanding the provisions of the preceding Articles, a carrier, master or agent of the carrier, and a shipper may in regard to any particular goods, enter into any agreement on any terms as to the responsibility and liability and as to the rights and immunities, of the carrier in respect of such goods, or his obligation as to seaworthiness, so far as this such terms are not contrary to public policy, or do not 703 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE CARRIAGE OF GOODS BY SEA ACT [CAP. 164 R.E. 2023] derogate from the care or diligence of his servants or agents in regard to the loading, landing stowage, carriage, custody, care and discharge of the goods carried by sea: Provided that in such case, no bill of lading has been or shall be issued, and that the terms agreed, shall be inserted in a receipt which shall be a non-negotiable document and shall be marked as such.

2. A agreement entered into in accordance with paragraph 1, shall have full legal effect: Provided that, this Article shall not apply to ordinary commercial shipments made in the ordinary course of trade, but only to other shipments where the character or condition of the property to be carried or the circumstances, terms and conditions under which the carriage is to be performed, are such as to reasonably justify a special agreement. ARTICLE VII Limitations on the Application of the Rules Contained in these Rules shall prevent a carrier or a shipper from entering into any agreement, stipulation, condition, reservation or exemption as to the responsibility and liability of the carrier or the ship for the loss or damage to or in connection with the custody and care and handling of goods prior to the loading on and subsequent to the discharge from, the ship on which the goods are carried by sea. ARTICLE VIII Limitation of Liability The provisions of these Rules shall not affect the rights and obligations of the carrier under any law for the time being in force relating to the limitation of the liability of owners of sea-going vessels. ARTICLE IX The monetary units mentioned in these Rules are to be taken to be gold value. 704 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.