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ARTICLE · 14 AUGUST 2012

Time Limitations In Transit Claims

Ocean transportation of cargo throughout the world is covered by various conventions or treaties.

United StatesTransport

OCEAN TRANSIT

Ocean transportation of cargo throughout the world is covered by various conventions or treaties. The Hague Rules, Hague Visby, and Hamburg Rules are examples. These conventions are enacted in the counties subscribing to the conventions. In the United States, the Hague Convention is enacted as 46 USC §30701, et seq. and popularly known as "COGSA," the Carriage of Goods by Sea Act.

Under Section 1, the "carrier" includes the owner or charterer of a vessel who enters into a contract of carriage with a shipper.

Under COGSA, suit must be commenced against a carrier within one year of the date cargo was delivered or the date cargo should have been delivered.

A carrier cannot shorten the one year, however, by written agreement the time to file suit may be extended to more than one year.

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